HomeMy WebLinkAboutPacket 02-16-2010 RegularCity of Cape Canaveral
PLEDGE OF ALLEGIANCE:
ROLL., CALL:
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I! I I I 11111! 1111 M 1! 1, 111 �i 1! 3
REPORTS:
7:15 p.m.
M
Business & Cultural Development Board Report
WMAMIUMM",
Council may schedule such iternsas regular agenda items and act upon them in
the future.
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1.05Polk.Aventie - Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321)868-1220 Fax: (321) 868-1248
www.cityofcapecanaveral.org - email: ccapecan-,iveral@cfl.rr.com
City of Cape Canaveral, Florida
February 16, 2010
Page 2 of 3
us
sponsored by the Space Coast Seafarers Ministry and approve waiver of
fees and clean-up bond for same.
2. Approve and issue a Proclamation designating March 2010 as "Irish
American Heritage Month" at the request of the Ancient Order of
Hibernianis in America, Brev,ard County Office, Division 2.
8:30 p.m.
6. 1
Landscape Irrigation, of the City Code to Provide for Local Implementation
of St. Johns River Water Management District Water Conservation Rule
for Landscape Irrigation; Providing Definitions; Landscape Irrigation
Schedules; Providing Exceptions to the Landscape Irrigation Schedules;
Providing Variances from the Specific Day of the Week Limitations;
Providing for Applicability and Enforcement; Providing for Penalties;
Providing for the Repeal of Prior Inconsistent Ordinancesand Resolutions,
Incorporation intothe Code, Severability, and an Effective Date.
7. Motion to Approve: Ordinance No. 03-2010, Amendling Chapter 98,
Subdivisions, of the Cape Canaveral Code of Ordinances related'to Plats;
Amending and Clarifying the Criteria Required for Preliminary and Final
Subdivision Plat Review and Approval; Providing a Procedure for Review
and Consideration of Lot Splits; Providing for the Repeal of Prior
Ordinances and Resolutions; Incorporation into the Code; Severability;
and an effective date.
1t. (flotion to Approve: Ordinance No. 04-2010, Repealing the Existing —
Provisions of Article III, Chapter 10 of the City Code Related to Outdoor
Entertainment; Adopting a New Article III of Chapter 10 Regulating the
Permitting of Outdoor Entertainment Events; Providing for the Repeal of
Prior Inconsistent Ordinances and Resolutions; Incorporation into the
Code, Severability; and an Effective Date.
City of Cape Canaveral, Florida
February 16, 2010
Page 3 of 3
10. Request for Informon,, Similarto Open. pa Imbayflorida.orge placed
on the City's web site.
Mrqj� 1111,
"T XT I IIIIj;;IjI;I
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: Oi2-16-201 if,
Item No. /
Subject: CONSENT: OUTDOOR PERMIT FOR THE WALK FOR BIBLES,
SPONSORED BY THE SPACE COAST SEAFARERS MINISTRY
Department: ADMINISTRATION
Summary:
City Council consider the approval:, of the Outdoor Entertainment Permit for the Walk for
Bibles on March 6, 20104 sponsored by the Space Coast Seafarers Ministry
Requested Council Action:
See attached application.
This is anon -profit group, and they are requesting to be exempt from fees; $500 per
day and $500 clean-up bond.
The event will start at the First Baptist Church, 8711 N. Atlantic Avenue and proceed
north to Jetty Park.
I recommend approval with the requested exemptions.
Financial Impact:
N/A
Attachments: n Supporting Documents Reviewed
Application package
Submitting Department Head: Date:
Approved by City Manager: Date: Z.
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
3218,681248 # 1/ 7
Revised 03-22-07
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PEMT
Date:—LL2-20 ' 0
The applicant or representative agrees to be on site at all times empowered with authority over all aspects
othe event and empowered to, act for the applicant, '�
Name of L-
0. C C", e
Applicant, Title:- 1, 0 t
Firm:
Address:-
E-Mafl: n
61t C e Y-2
'Telephone: C 9- FAX: 7 y'--i-I
Local Contact: Title: T Y -1i n k
Local Address (if diff-erent from above
Type of Event:---LL)—n, 1-2)
Will Alcobobe Beverages Be Served on the Premises? YES NO
Event Date(s) in Cape Canaveral:
Location(s): Date(s) fil� e,'i 14, 0 Time 2
III
Attach map(s) indicating event area and designated paridug areas. '
OT'raffic Control OUse of Police/Fire Rescue Equipment
cStreet Closing OVehicles/Equipment on Beach
00the�r OVehicle Parking on City Property
If applicant wishes to: erect tents or other temporary structures in conjunction with tile event, a building
permit application must also be submitted along with all pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AFTER C
Council has approved the Outdoor Entertainment Permit. 11
VIM MINIMUM III � 1 111 @1 111
01-15-10;W36AM;
Revised 03-22-07
L INSURANCE
;3218681248 # 2/ 7
A written public liability insurance policy insuring the person stagingY promoting or conducting the outdoor
entertairim t e
oor entertainment permit, together vnth adeqtlate evidence that the
premiums are paid,
Name of Insurance Co:— Policy No:
Expiration Date: C.") C,L,1-47"o ",Y -
11. PROMQ—TTQ]YAL AUTHOTtLZATION
Permittee authorizes the City of Cape: Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
lri, MENSES/FEES
The applicant agrees to pay the City, in advance, for any services, provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
IV, EXE T'IONS
Non-profit organizations may seek* a waiver of any of the outdoor entertainment code requirements if the sections
waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been
otherwise provided for as required by said code. List any exemptions you are seeking,
+
Date o i a
Applicant or Representadverritle
Approved by City of Cape Canaveral:
City Representative's Name:
Title,
Signature:
A lie A Aall Vee)p a AAA Ikk I hhhhhhhhhhhhh
M
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 132920
Flione: (321) $68-1230
Fax, (321) 8,68-1224
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CERTIFICATE OF INSURANCE
The company indicated below certifies that the insurance afforded by the policy or Policies numbered and
described below is in force as of the effective date of this certificate. This Certificate of Insurance
does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any
policy numbered and described below.
CERTIFICATE HOLDER:
CITY OF CAPE CANAVERAL
105 POLK AVENUE
CAPE CANAVERAL. FL 32920
TYPE OF INSURANCE j
LIABILITY I
[X] Liability and
Medical Expense j
[X] Personal and
Advertising Injuryl
[X] Medical Expenses j
EX] Fire Legal
Liability
I
I
E ] Other Liability
INSURED:
BREYARD BAPTIST
ASSOCIATION INC
4235 US HICfIWAY 3
ROCKLEDGE. FL 32955-5312
POLICY NUMBER I POLICY I POLICY I LIMITS OF LIABILITY
& ISSUING CO. JEFF. DATE IEXP. PATE I (*LIMITS AT INCEPTION)
77 -PR -546492-0002 I D5-10-09 105-10-10 j
NATIONWIDE I I I Any One occurrence........ S 1,000,000
MUTUAL FIRE
INSURANCE CO. j I I Any One Person/Org ....... S 1,000,000
l I I
j I I ANY ONE PERSON ........... S 5,000
I I I Any One Fire or Explosion $ 100,000
1 { I
I I j General Aggregate* ....... S 2.000,000
I ( I Prod/Comp Ops Aggregate* . $ 1,000.000
I I l
j 77 -WC -546492-0003 j 05-10-09 105-10-10 j STATUTORY LIMITS i
I [X] Workers' I Nationwide I I
I BODILY INJURY/ACCIDENT .__ S 100,000 j
AUTOMOBILE LIABILITY
j i i i
1
i L] BUSINESS AUTO
j j I i Bodily Injury
I
I Liability I (
(Each Person) ..........
$ I
I C] Owned
j { I (Each Accident) ........
S j
i[] Hired
I I I I Property Damage
I
I C] Non -Owned
( I j I (Each Accident) ........
$ I
I
I I I I Combined Single Limit ....
i I
I
I
EXCESS LIABILITY
j 77 -CU -546492-3002 105-10-09 105-10-10 j Each Occurrence .. --------
3 1,000,000 I
i
I Nationwide j j ( Prod/Camp Ops/Disease
j
j [X] Umbrella Foran
I Insurance Co. j j I Aggregate* -------------
$ 1,000,000
j 77 -WC -546492-0003 j 05-10-09 105-10-10 j STATUTORY LIMITS i
I [X] Workers' I Nationwide I I
I BODILY INJURY/ACCIDENT .__ S 100,000 j
j Compensation j Mutual I I
I Bodily Injury by Disease j
and I Insurance Co. j I
I EACH EMPLOYEE ---------- S 100,000 I
j [X] Employers' I I I
j Bodily Injury by Disease _ j
I Liability I (
POLICY LIMIT ----------- S 500.000
Should any of the above described policies be cancell-ed before the
DESCRIPTION OF OPERATIONSILOCATIONS
expiration date, the insurance company will endeavor to mail 30 days VEIiICLES/RESTRICTIONS/SPECIAL ITEMS
written notice to the above natured certificate holder. but failure to
mail such notice shall impose no obligation or liability upon the
company, its agents, or representatives.
u
Effective Date of Certificate: 05-10-2009 Authorized Representative: Susan A Petrucci
Date Certificate Issued_ 11-19-2009-'- Countersigned at: 1199 S US Hwy 1 Suite 10
Rockledge, FL 32955
CERTIFICATE OF INSURANCE
The compEry indicated below certifies that the insurance afforded by the policy or policies numbered and
described be7a,;ris in force as of the effective date of this certificate. This Certificate of Insurance
does rct gid. extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any
poli.:y z--ered and described bels.
CE--7F_CkTE HOLDER:
CANAVERAL PORT AUTHORITY
P 0 BOX 267
CAPE CANAVERAL. FL 32920
INSURED:
BREVARD BAPTIST ASSOCIATION
INC
4235 US HIGHWAY 3
ROCKLEDGE. FL 32955
j I
POLICY NUMBER
I POLICY I POLICY
I TYPE OF INSURANCE ]
& ISSUING CO.
JEFF. DATE JEXP_ DATE
LIABILITY 177
-PR -545492-0002
J 05-10-09 105-10-10
I [x7 Liability and I
NATIONWIDE
] I
[ Medical Expense I
MUTUAL FIRE
J I
[ [X1 Personal and I
INSURANCE CO.
I I
Advertising Injury[
I I
[ [X] Medical Expenses J
[ I
[X} Fire Legal I
I I
Liability ]
I J
I I
I I
1
[ I Other Liability I
I I
I I
I AUTOMOBILE LIABILITY
I [ ] BUSINESS AUTO
(r Owned
[ ] Hired
I [ J Non -Owned
LIMITS OF LIABILITY
(*LIMITS AT INCEPTION)
Any One Occurrence........ $ 1.000,000
Any One Person/Org ....... S 1,000,000
ANY ONE PERSON ........... E 5.000
Any One Fire or Explosion $ 100.000
f
General Aggregate* ....... S 2.000,000
Prod/Comp Ops Aggregate* . s 1,000,000 1
Bodily Injury J
(Each Person) .......... s
(Each Accident) ........ S J
Property Damage
(Each Accident) ........ $ J
Combined Single Limit .... $ I
J EXCESS LIABILITY I I [ I Each Occurrence .......... $
Prod/Comp Ops/Disease [
J C ] Umbrella Form I I [ [ Aggregate* ............. $ [
I
[ 177 -NC -546492-0003 [ 05-10-09 J 05-10-10 I STATUTORY LIMITS
[ CX) Workers' I Nationwide [ I I BODILY INJURY/ACCIDENT ... $ 100,000
[ Compensation I Mutual I J I Bodily Injury by Disease j
and I Insurance Co. I I I EACH GHPLOYEE .......... 3 1OO.000
[ [XI Employers' I J I I Bodily Injury by Disease
j Liability [ [ I [ POLICY LIMIT ........... S 500.000 [
I
Should any of the above described policies be cancelled before the DESCRIPTION OF OPERATIONS/LOCATIONS
expiration date, the insurance company will endeavor to mail 30 days VEHICLES/RESTRICTIONS/SPECIAL ITEMS
written notice to the above named certificate holder, but failure to PROOF OF INSURANCE
mail such notice shall impose no obligation or liability upon the A
'��`�
company, its agents, or representatives.
Effective Date of Certificate: 05-10-2009 Authorized Representative: Susan A Petrucci
Date Certificate Issued: 01-05-2010 Countersigned at: 1199 S US Hwy 1 Suite 10
Rockledge, FL 32955
BREVARD BAPTIST ASSOCIATION
"Sharing the Savior from the Space Coast"
4235 South US 1
Rockledge, Florida 32955
April 2, 2009
To Whom It May Concern:
Phone 3211631-0820
Email: dombba6OP-golcorn
The Space Coast Seafarers Ministry (SCSM) is an entity of the Brevard Baptist
Association. The SCSM property and facility belong to the Association, and the
program is under the supervision of the Association. Also, all paid staff of the
SCSM are employees of the Brevard Baptist Association. Therefore, the Space
Coast Seafarers Ministry is under the blanket tax exemption of the Brevard
Baptist Association and the Florida Baptist Convention.
Accompanying this letter is a copy of the letter of affiliation with the Florida
Baptist Convention and the Group Exemption #2024.
Sincerely,
Gary I. Gates
Director of Missions
01-15-10;04:36AM;
;3218681248 # V 7
ti1IiJSE..��PFB AND ZXTERTAI:v?QSVZ'S 610-46
ARTICLE 1. D� GENERAL
'08,2,1 12embersi:ip. lrlerr:he s of tits can-
struction board of adiustmel� and appeals
Secs. 10-1-10.25". Reserved.
should. he composed of in vZduals with
.'.�
owledge and experielnce - the technical
cd es, such as design profes ionals, contrac•
TICLEIL AKUSENlENT DEVZCE
for or building industry epresentatives.
COZIE*
A bo d member shaA no act in a case in
winch a 'as a person or financial in.
Sec. 1 X
teres',
.A.dopted,
(a) The Standard Amusement D vice Code,
108.12 pas. The ter 3 of office of the
board mem ers shall b two years from the
1985 editia , published by the South. m Building
date of appo tment. ontinued absence of
Cade Con gr s International, Inc., ' adopted by
any member ram r quired meetings or
reference as ough it were copie ful]y in this
board shall, at the-scretion of the city
article,
council, render ch member subject to
(b) Wheneve the term "a ministrative
immediate remov from office.
authority" or "of cial." is used in he amusement
108.2.3 Secretary o Board. The building
device code adopte mi this sectio , it shall be con•
official or design a sh act as secretary of
strued to mean the wilding OM 'al of the city or
the board and s M a detailed record
his authorized repre entative.
of all of its proc edings, w 'ch shall set forth
(c) Any person wh shall late or who shall
the reasons fo its decision, he vote of each
fail to comply with th code dopted in this sec•
member, the bsence of a m ber and any
tion or who shall viol to or ail to comply with
failure of a ember to Grote,
any order or regulatio m de under the code
(3) Section 10 .3 is amended to rea as follows,.
adopted in-this section o o shall build in vio.
lation of any detailed 4 ent or specifications
1,08.8 Drum and voting. A si pie a-
or plans submitted and roved tinder such code
ap
joritg lila board shall coca 'lute a
n e
or aziy certificate orpe - ssued under such code
quo
shall, for each and every s violation and non-
compliance, respectivel , be uxiislxed as provided
Secs, IO.28 YQ-45. Reserved.
in section 2-I5.
(Cade 1981, H 623.01 528.0 )
TZCLE M. OUTDOOR
Seo, 10.27. Amen encs.
ENTERTAINTAENT,41
The amusement spice code a opted in section
DMSION 1. GENERALLY
14.298 is amended follows:
(1) Section 208 1 is amended to r ad as follows:
See. I0-46. Definitions.
A,ppointm nt, There is hereb established
'on
The following words, terms and phrases, when
used in this article, shell have the meanings as-
a board t be called the cons board
of adf u' st ent and appeals, which hall con-
cribed to theta in this section, except where the
sift of ve members. The board hall be
context clearly indicates a different meaning:
appoint d by the city council.
Outdoor anteemirm.ent evenes means any gath-
(2) Sectio 105.2 is emended to read as fo
ering of groups or persons For the purpose of par-
ows:
105.2. Membership and Term&
tCrass re&rence9—Cade e: rarcamont, $ 2,246 et soq,;
perks and reg: eation, ch. 54; streets. sidew&N3 and otherpublic
`Crory ref epee—Code enForeement, 2-�,Sfi e[ aeq.
places, ch, 66; buiIdinp and bc[lding regulntians, ch. 32;
zoning, ch, 110.
CD10:3
01-15-10;04:36AM;
APPENDIX &-SCREDULE OF FEES
;3218681248 # 7/ 7
Description
code
Amount Section
Chapter 10. Amusements and Entertaimomente
Article Irl: Outdoor Entertainment
(a) Permit fee, per day ............. .......... ....... ........
500.00 10-63
Article N, Adult Entertainment
(a) Appeal of license or permit denial, suspension or revocation— ,
50.00 10-99(b)
(b) License for establishment:
(1) Application fee, nonrefundable . ......... .. . ..........
400.00 10-114(b)
(2) License fees:
10-121
a, Adult bookstore .. ......
1000.00
b. Massage mtablisbment ........................
1,000.00
C. Adult motion picture theaters:
1. Having only adult motion picture booths, each
bootie, limited to a cumulative fee not to exceed
$1,000.00 ...................................
200.00
2. Having only a hall or auditorium, each seat or
place, limited to a cumulative fee not to exceed
$1,000.00 ......... ........ ........
15.00
3. Having a combination of any of the places listed
in items (2)c.i., 2., the fee shell be the fee
applicable to each, limited to a cumulative fee
not to exceed $1,000.00
d. Adult dancing establishment
......................
1,000.00
e. Adult motel .......................... ....... ..
1,000.00
(3) Application for change of location ...... ....... ....... .
200.00 I0 -12$(a)
(4) Change of name .......................................
3.00 10-123(b)
(c) Permit for employees:
(1) Application fee
.......................................
16.00 10-139(e)
(2) Renewal fee ......................... ...... ..........
16.00 10-143
(3) Replacement of lost permit
...................... . ......
10.00 10-148
Chapter 22. Community Development
Article rlr. Community Appearance Review
1. Level T
a. Commercial and industrial projects 850 square feet or less
75.00 22.42
b. Que to three residential units
75.00 22-42
Supp. No. 11 CDs:s
01-15-10;04:36AM; ;3218681248 # 6/ 7
s 10.62 CAPE U—NAYBRAL CODE
jury to any one person for bodily injury or
otherwise, plus $25,000.00 damage to prop.
erty, and for not less than $500,000,00 for
da;neges incurred or claimed by more than
one person for bodily injury or otherwise,
plus $50,000.00 for damages to.,property.
The original or duplicate of such. '0 icj;sh-ill
be attached to the applzcatior�fprapecial
outdoor entertainment permit, agether
with adequate evidence that: the'gremiums
are paid.
(10) Such additional conditions, criteria or de•
tailed specMcations for the special, enter-
tainm*,At permit established by resolution
of the city council as the coumil =ay deem
necessary to carry out the iutent of this ar-
ticle for the protection of the public health,
morals, safety and general welfare, in-
cluding insurance coverage i -A addition to
the amounts and types of coverage erpeci
fieri in subsection (9) of this section.
(Ord. To. 23-92, § 1(729.0")), 12-1-92; Ord. No.
8.94, § 1, 2-1-94)
Sec. 10.63. Fee,
The city council shall assess, upon the tiling of
the application for an outdoor entertainment
permit, a minimum nonrefundable fee per day es.
tablished by resolution of the city council and set
forth in appendix 8 to this Cade.
(Ord. No. 23-92, § 1(729.06), 12-1.92)
Sec. 20-64. Cash cleanup bond.
Any person holding a special outdoor entertain.
rnent permit shall deposit with the city treasurer
a cash bond in the amount of $500.00, The cash
bond shall be for the expense of cleaning up any
debris, paper, litter or trash, left by the patrons at
the outdoor entertainment event or by the holder
of the permit or his agents, employees or contrac.
tors. The cash bond shall be returned to the holder
of the permit upon certif cation by the city man.
ager that all debris, paper, litter or trash has been
removed from the premises on which the outdoor
entertainment event was held within 24 hours
from the designated conclusion ti=a of the out-
daor entertainment event and that no daznsge has
been done to the ;treats, sewers, structures, trees
and shrubbery on such premises or the adjoining
Property- Upon failure of the holder of the permit
to complete such cleanup or repair such damage
within the 24 -hoar time period, the city smell have
the right to forthwith take such corrective action
as it may deem necessary and to deduct the cost of
cleanup or repair from the amount of the cash
cleanup bond. '-;: r
(Ord, No. 23-92, § 1(729.06), 12-1-92)
Secs. 10-65-10.85. reserved,
IV, ADULT
DIVISION 1. GENERALLY
Sac. 10.8 Definitions.
The followi words, terms and p rases, when
used in this e, shall have tine meanings as.
cribed to them i this section, ex ept where the
context clearly in ates a differ t meaning.
.Adult arcade mean an est2lishment where,
for any form of consider 'on, a or more motion
picture projectors, slide p oje ors or similar ma•
chines for viewing by five fewer persons each
are used to show films, motto pictures, video cas-
settes, slides or other pho hic reproductions
which are characterized b emp sis upon the de-
p�iction or description ofs ecified al activities
or specified 2tnatomicsl areas, For a purposes of
this article, adult ar=4 is include within the
definition of adult motion picture the ,ter.
Adult bookstore ineaas a place thats� s or of.
Cars for sale, for any/form of conside:rativ adult
materials, the gross sale of which represen ore
than ten percent oKhe gross sales of the pla ore
that comprises m4e than ten percent of the ' i.
vidual items it displays on the premises as
'C=asareferences-- Code enforcemeot,f 7.246 atseq.;reg.
alatiot>4 ragarding' nudity on alcoholic haveraga establish.
:hent premises, § 5.27; public nudity prohibited, § 50.2;,occu-
psti=al license taxes, § 70-56 et US; '-Oman, chs 110; adult
entm-Wntnent establishments permitted by sptdgl exceg:ion
in the N1•1 light industrial and reseetxh and development'dis-
trict, § 110.354..
CD10:6
01-15-10;04:36AM; ;3218681248 # S/ 7
AlViSEMENT5 AND �NTEETALNN. .NTS 610-62
division of health in the sanitary code of
the state shall be comidered as minimum
requirements. For the purposes of this ar-
ticle, pert M chapter 10D-25, excludingsec-
tions 25.077, 25.078, 25.079, 25.080, of the
Florida Administrative Code and any suc-
ceeding rule, regulation or law shall be con•
sidered specMcally applicable to the oper-
ation of an outdoor entertainment event, In
evaluating the plans, the council shall also
consider the applicability of F.S. ch. 386,
part 1, and such other provisions of law, the
sanitary code or local ordinances as it may
deem necessary in the interests ofthe public
health and welfare.
(2) An adequate geographic description and
scale map or plan of the festival site
showing the location of all required facili-
ties, including adequate traffic control and
parking facilities outside the perforxaance
area. Such plans shall provide for at least
one parking space for every.rive pa#xons
and for safe transportation of the patrons
from the parking area to the performance
area. No motor vehicle shall be permitted
outside , the designated parking area, ex-
cept wheii necessary to ensure compliance
with this article.
(3) An adequate plan for medical facilities.
There shall be provided one physician R.
censed in this state on duty at all times for
every 2,000 patrons, one nurse licensed in
this state on duty at all times for every
1,000 patrons, one bed or cot for every 200
patrons, complete and sterile supply ofined.
icines, bandages, medical compounds, med.
ical instruments, serums, tape and such
other supplies as are necessary to treat ad•
verse drug reactions, cuts, bruises, abra-
sions,
bradons, bites, fractures,'infections and other
!Wuries commonly connected with such out.
door activities.
W An adequate plan for internal security,
traffic control, communications, fire protec-
tion and emergency services, includirigam.
bulance service, in and around the event
area. Such plan shall, provide for at least
one person professionally trained in secu•
CD10:5
rity and trarne control on duty at all times
for every 500 patrons, with no security per-
sonnel working more than one eight-hour
shift in any 24-hour period. The plan shall
include a detailed description of the plan. of
security, traffic control, communications,
fire protection and emergency services, in.
cludi-ag ambulance service, to be used and
how it is to be implemented, and a detailed
background on the training and ability of
the personnel to be used in implementing
such plan.
(5) A full and complete disclosure of the Anna.
cisl backing of the outdoor entertainment
event, including the names of all persons
with a direct or indirect fxriariciai interest
in the staging, promoting or conducting of
such event, whether such interest be by
virtue of ownership in any entity staging,
promoting or conducting such event, status
as an employee of any person staging, pro-
moting or conducting such event or any in-
volvement by which such person stands to
gain or lose financially from such event.
(6) The names of all persons or groups who will
perform at the outdoor entertainment event
and executed copies of all contracts or agree-
ments with such persons or groups.
(7) The names of all persons who will provide
products, materials or services, other than
entertainment, to or at the outdoor enter-
tainment event and executed copies of all
contracts or agreements with such persons.
(S) The exact date and time of commencement
and the exact date and time of the conclu-
sion of the outdoor entertainment event. No
event shall begin before 10:00 a.m. or end
after 10:00 p.m. .
(9) A written public liability. insurance ,policy
insuring the person staging, promoting or
conducting the outdoor entertainment event
against any and all claims and demands
made by any person for injuries received in
connection with the staging promoting, con-
ducting or attendance of or at the outdoor
entertainment event, written within lizaait3
of not less char $800,000.00 damage or in
01-15-10;04:36AM;
s 10-ro
CAf'- CANAvE2aL CODE
ticipatirig in, viewing, observing, watching or lis•
tening to entsrtainmentwhich consists of musical
renditions, sporting contests Or events, festivals
or other enterrainment not conducted within a
completely enclosed structure.
(Ord. Na. 23-92, § 1(729:01), 12.1.92)
Cr036r06rm=e—DGErd iaraandrulesofwnstrucclangen.
erally, l: I-2. r
Sec. 10-47. Corapliance-with Other lams
The staging, promoting or conducting of an out.
door entertainment event shall be in full and com.
plete compliance with all zoning and land use laws
in subpart B of this Code, beverage license laws
and other Iaws, ordinanCeS and regulations appli.
cable to the city.
(Ord. No. 23-92, § 1(729.04), 12-1-92)
See. 10-48. Penalties for violations,
(a) Any person who violates, disobeys, omits,
neglects or refuses to comply with or who resists
the enforcement of arxy of the sections of this ,o,
title shall be punished as provided by section 1.15.
(b) The city council may revoke the special out-
door entertainment permit granted and shall im
mediately notify the city treasurer to revoke any
occupational license upon the occurrence of any
violation of this article.
(Ord, No. 23-92, § 1(729.07), 12-1-92)
Sec. 10-49. Occupational license required.
It shall be unlawful for any person to stage,
promote or conduct any outdoor entertainment
event in the city unless he shall have secured an
Occupational license as provided far in section
70.88, which occupational license shall be issued
anly after issuance of the special entertainment
permit by the city council.
(Ord. No, 23-92, 9 1(729.02), 12.1.92)
Cros9 reference—Occupatianal license taxes,170,88.
Sec. 10.50. Exceptions,
The city council shell have the right to waive
the aaolicability and necessity of any of the sec-
tions of t11is article to any outdoor enterEai=ent
event sponsored by the recreational boards estab.
fished by the city or any outdoor eatertesnment
event promoted by a nonprofit orgarkation, also.
CD 10:4
;3218884248 # 4/ 7
dation or group if such outdoor
e';lrertainm en t
event of such, organization, association or group
has been sanctioned or approved by the council.
Such sanction and approval of an outdoor enter.
tainment event promoted by such organization,
association or group shall be based upon a SUM.
Gent showing that the sections waived dealing
with the health, safety and welfare of those in
attendance, as well as the general public, have
been otherwise provided for as required by the
applicable standards set forth in this article.
(Ord. No. 23-92, § 1(729.08), 12-1-92)
Secs, 10.61-10.60. Reserved.
DIVISION 2. PERMIT
Sec. 10.61. Required.
.Any person desiring to stage, promote or con.
duct any outdoor entertmimnent event within the
corporate limits of the city shall first secure a
special entertainraent permit from the city council.
(Ord. No. 28-92, § 1(729.03(A)), 12-I-92)
Sec. 10.62, Application.
An application for a special outdoor entertain.
meat permit shall be subruitted its writing to the
city council on Fonns provided for this purpose at
least 45 days in advance of the date of commence-
nnent of the outdoor entertainment event Cor which
the permit is requested, in order to permit the
council to evaluate the application in an orderly
and expeditious manner. The application shall con.
tain the plans, documents and information speci.
fled in this section. No permit shall be issued by
the council until receipt and approval of all plans,
documents and inform a tion and until the following
minimum, conditions are met or such higher con-
ditions as required by the council upon a review of
any unique problems contained in the plans, doc.
utuents and information are met:
(1) Adequate plans for Site construction., rani.
tation facilities, sewage disposal, garbage
and refuse disposal, drainage, floodlighting
during darlmess, insect and rodent control,
water supply and food service. For the pur.
Doges of evaluating such plans, the scan.
dards established by the rules of the state
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/16/2010
Item No.
Subject: Irish American Heritage Month Proclamation
Department:
Summary: The Ancient Order of Hibernians in America request a Proclamation from
the City of Cape Canaveral designating March 20,10 as "Irish American Heritage Month"
i'n support of the celebration of the contributions of Irish Americans over the years.
Requested Council Action: Approval
Financial' Impact: none
Attachments: Letter from the Ancient Order of Hibernians in America and sample
proclamation.
Submitting Department Head:
Date:
Approved by Acting City Manager: Date: 2_
7
City Council Action: Approved as Recommended Disapproved
Approved with, Modifications
Tabled to Time Certain
OFFICE OF
President, Div 2
Brevard County
M,gy,A
Pr �A�/kJ�dGA�
Your Honor,
IBM -Las
INCORPORATED
Organized in New York City, May 4, 1836
Conrad Osborne
1818 Sungazer Dr
Viera, Fl
32955-6318-
321631-5863
14 January 20$;
IN AMIUCA
Once again, the Brevard County Irish American Community celebrates its heritage.
Ever since its start under the leadership of the first executive officer, IrishAmerican
Andrew Jackson, Irish Americans of Florida have provided leadership to their
commututies.
We are very proud of the current local leaders who are members of the State,
County and Town/City Councils
In the past, the month of March, St Patrick's Day month, has been. designated Irish
American Heritage Month throughout the Nation. The Ancient Order of Hibernians
will hold a St Patrick's Day Parade in Melbourne as co-sponsor. We would also
request that your office issue a Proclamation designating March 2010 as "Irish Americap
Heritage Month", in support of the celebration of the contributions of the Irish
Americans over the years. We have provided a few suggested WHEREAS 'for your
review and possible use.
We would like to t�* you for your kind consideration of this request and are
hopeful f9F yP}T OpffgYal.
Conrad O�Ppfpp
President
Div 2, Brevard County AOH
1818 Sungazer Dr.
Viera FI
32955-6318
321-631-5863
"Ireland unfree Shall Nevar Be At Fence. "
WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated to the
colonies that would become the United States; and
WHEREAS, following the victory at Yorktown over the English, a French
Major General reported that the Congress owed its existence, and America possibly owed its
preservation to the fidelity of the Irish; and
WHEREAS, at lease 8 signers of the Declaration of Independence were of
Irish origin; and
WHEREAS, 18 Presidents have proudly proclaimed their Irish -American
heritage; and
WHEREAS, in 1892, Irish born James Hoban, and Irish immigrants, assisted in
the construction of the United States Capital; and
WHEREAS, on June 14, 1794, Irish born John Barry was the first naval hero
of the American Revolution and became Commander -in -Chief of the United States Navy; and
WHEREAS, Captain John Barry fought the last sea battle of the Revolutionary
War off the coast of Florida and saved the United States Treasury; and
WHEREAS, in 1782, Commodore Oliver Perry, an Irish -American, achieved
his major naval victory in the Battle of Lake Erie; and
WHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for
democracy and freedom in the world and later had the Destroyer USS Sullivan commissioned
in their memory; and
WHEREAS, Governors and mayors of over 37 states and cities have or will
designate March of this year as "Irish -American Heritage Month"; and
WHEREAS, Irish -Americans have provided leadership in the Political,
Business, and Religious areas of this country since its inception; and
NOW, THEREFORE, T, Rocky Randels, Mayor of the City of Cape
Canaveral, Brevard County, Florida, do hereby proclaim the month of March 2010, as
IRISH -AMERICAN HERITAGE MONTH
In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by
participating in appropriate ceremonies and activities.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/16/2010
Item No. 9
Subject: Motion to Accept the Final Economic Development Report and
Written Plan
Department: Administration
Summary:
At the Regular City Council Meeting of 01-19-20'10, Kim Agee of Agee Consulting
presented an Economic Development Report to the City Council. At that same meeting
the Council:
1) Scheduled a City Council Joint Workshop Meeting with the Business and Cultural
Development Board to discuss the Plan on 02-10-2010; and
2) Reached consensus to Include the Final Economic Development Report and Written
Plan on tonight's City Council Meeting Agenda for Acceptance.
Requested Council Action: Accept the Plan
Financial Impact: n/a
Attachments: n/a
Submitting Department Head: n/a Date:
Approved by Acting City Manager: Date: -Z /1 //0
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/16/2010
Item No. _
Subject: Discussion: Review of City Organization Memberships
Department: Legislative
Summary: Council Member Shannon Roberts is requesting a review of our
memberships and what we would like to retain, eliminate, or add. At the December 15,
2009 Meeting, Council requested additional information be added to the membership list
which identifies the City representative, the purpose of the organization and the benefit
to the City. The requested information has been added.
Requested Council Action: Review and provide direction to staff.
Financial Impact: To be determined.
Attachments: Listing of memberships by department, Employee, Description of
Membership and benefit to the City.
Submitting Department Head: NIA Date:
Approved by Acting City Manager: -J P46A-�' Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/16/2010
Item No. �5
Subject: Consider requesting a status report from the Charter Review Committee
Department: Legislative
Summary: Council Member Roberts requests the Council discuss whether a status
report is needed from the Charter Review Committee.
Requested Council Action: Provide direction
Financial Impact: none
Attachments: none
Submitting Department Head: NIA Date:
Approved by Acting City Manager:6)9
1 Date: 2(1 // o
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: February 16, 2010
FA
Subject: Motion to Approve: ORDINANCE OF THE CITY OF CAPE CANAVERAL
FLORIDA; CREATING CHAPTER 91, LANDSCAPE IRRIGATION, OF THE CITY
CODE TO PROVIDE FOR LOCAL IMPLEMENTATION OF ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT WATER CONSERVATION RULE FOR
LANDSCAPE IRRIGATION; PROVIDING DEFINITIONS; LANDSCAPE IRRIGATION
SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION
SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE
WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY AND ENFORCEMENT;
PROVIDING FOR PENALTIES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO
THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
Department: Public Works
Summary:
Requested Council Action: Approve Ordinance No. 02-2010 on the first reading
a. Mayor Pro Tem Petsos requested the change in Sec. 91-7 Enforcement and
Penalties the terms of this Chapter would read (could instead of shall).
Financial Impact: Not known at this time
Attachments: Ordinance No. 02-2010
Submitting Department Head:l,,IWDate:
Approved b ity Manager: In, �y�,�n„ �,, Date: 2 / �Ieo
City Council Action: j ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. -2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA; CREATING CHAPTER 91, LANDSCAPE
IRRIGATION, OF THE CITY CODE TO PROVIDE FOR
LOCAL IMPLEMENTATION OF ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT WATER CONSERVATION
RULE FOR LANDSCAPE IRRIGATION; PROVIDING
DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION
SCHEDULES; PROVIDING EXCEPTIONS TO THE
LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR
VARIANCES FROM THE SPECIFIC DAY OF THE WEEK
LIMITATIONS; PROVIDING FOR APPLICABILITY AND
ENFORCEMENT; PROVIDING FOR PENALTIES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City 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, the St. Johns River Water Management District has responsibility and
exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water;
and
WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042,
F.A.C., its general consumptive use permit by rule, which regulates small irrigation uses below
consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and
WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located
within the District to use, withdraw or divert water for small landscape irrigation uses, provided that
irrigation occurs in accordance with the required landscape irrigation schedules and rain sensor device
requirement, subject to the exceptions to the required landscape irrigation schedules set forth herein; and
WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to adopt
an ordinanceto enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by adoptinga landscape
irrigation ordinance that incorporates each of the provisions set forth in Rule 40C -2.042(2)(a),
F.A.C.; and
WHEREAS, it is the desire of the City Council of the City of Cape Canaveral, Florida to
adopt such an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
City of Cape Canaveral
Ordinance No. -2010
Page 1 of b
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 91 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strikeou type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 91. It is intended that the text in Chapter 91 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 91. RESERVED-. LANDSCAPE IRRIGATION
Sec. 91-1. Definitions.
The following words terms and phrases, when used in this article shall have the meanings
ascribed to them in this Chapter, except where the context clearly indicates a different meaning:
District means the St. Johns River Water Mana ement District.
Person means any person,firmpartnership, association corl2oration, coml2any, or
organization of an,, kind.
City of Cape Canaveral
Ordinance No. -2010
Page 2 of 6
Sec. 91-2. Applicability, purpose and intent.
The provisions of this Chapter shall apply to each person located within the City of Cape
Canaveral. The purpose and intent of this Chapter is to implement procedures that promote water
conservation throuszli more efficient landscape irrigation.
Sec. 91-3. Landscape Irrigation Schedules.
(a) When Daylight Savings Time is in effect, landscape irrigation shall occur only in
accordance with the following irri atg ion schedule:
2. Residential landscape irrigation at even numbered addresses may occur only
on Thursday and _Sunday and shall not occur between 10:00 a.m. and 4:00
p.m.: and
3. Non-residential landscape irrigation ma occur only on Tuesday and Friday
and shall not occur between 10:00 a.m. and 4:00 .m.• and
4.
When Eastern Standard Time is in effect landscal2e irrigation shall occur only in
accordance with the following irrigation schedule:
Residential landscave irrigation at odd numbered addresses or no address
may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00
p.m., and
2. Residential Iandscape irrigation at even numbered addresses may occur only
on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.: and
3. Non-residential landscape irrigation mU occur only on Tuesday and shall not
occur between 10:00 a.m. and 4:00 p.m.; and
4. No more than % inch of water may be ayylied ver irrigation zone on each day
that irrigation occurs. and in no event shall irrigation occur for more than 1
&) All landscape irrigation shall be limited in amount to only that necessary to meet
landscape needs.
Sec. 91-4. Exceptions to the Landscape Irrigation Schedules.
(a) Landsca a irrigation shall be sub'ect to the following -irrigation schedule exceptions:
City of Cape Canaveral
Ordinance No. -2010
Page 3 of 6
2.
3.
4.
Irri ation using a micro -s ra micro -'et drip or bubbler irrigation system is
allowed anytime.
Irrigation systems perated at any time of day on any day for
maintenance and repair purposes not to exceed 20 minutes per hour per zone.
5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle
is allowed at anX time of day on any da .
0
7.
8.
a
Discharge of water from a water -to -air air-conditioning unit or other water -
dependent cooling system is not limited.
Sec. 91-5. Rain sensor device re uired.
Sec. 91- 6. Variance from specific day of the week limitations.
City of Cape Canaveral
Ordinance No. -2010
Page 4 of 6
Sec. 91-7. Enforcement and penalties.
The terms of this Chapter shall be enforced in accordance with the provisions of Chapter 2,
Article VI of the Ci1y Code of Ordinances entitled Code Enforcement and F.S. Ch. 162.
Notwithstanding Section 2-291 ofthis Code. violations of any provision ofthis Chapter shall
be subject to the following penalties:
First violation:
Second violation:
Third violation:
Subsequent violations:
Written Warning
20.00
50.00
Fine not to exceed $100.00
Each dgy in violation of this Cha ter shall constitute a separate offense.
Enforcement officials shall provide violators with no more than one written
warning. In addition to the civil sanctions contained herein the City of Cape
Canaveral mgy take any other appropriate le al action including, but not limited
to, injunctive action to enforce the provisions of this Chapter.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 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 ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, 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 Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. -2010
Page 5 of 6
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
2010.
ROCKY RANDELS, Mayor
ATTEST:
For
Bob Hoog
Buzz Petsos
ANGELA APPERSON, City Clerk Rocky Randels
C. Shannon Roberts
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. -2010
Page 6 of 6
day of
Against
City Council tfieeting Date: 02/16 0
Item No. —7
Subject: ORDINANCE NO. 3-2010 -AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98,
SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED
TO PLATS; AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR REVIEW
AND CONSIDERATION OF'LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Department: Community Development Department
Summary: See attached Staff Report.
Requested Council Action: To adopt Ord. No.03-201 0.
Financial Impact: None
Attachments: (1) Ordinance No. 03-2010. (2) Staff Report. (3) Planning and Zoning,
Board recommendation. (4) Revised applications. (5) Flowcharts.
Submitting Department Head: Barry Brown Date: O2,/05/1 0
Approved by Acting City Manager: Date: 2
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
City of Cape Canaveral, Florida
City Council
February 16, 2010
STAFF REPORT
Request: To adopt Ordinance No. 03-2010, amending Chapter 98, Article If Plats, of
our code for the subdivision of land and platting procedures.
Summary: This is an ordinance that amends our code regarding subdivision of land.
Specifically, it clarifies the requirement that all subdivisions of land must be approved by
the City Council by plat or by a newly created lot split procedure.
At times in the past, land has been subdivided by property owners without review and
approval by the City. This has resulted in lots that do not have the size and
configuration to properly accommodate future development and create access
management issues such as too many curb cuts (driveways) and a lack of cross access
from one parcel to another.
Under the new ordinance, all subdivisions of land will be reviewed by staff and approved
by the City Council either by resolution or ordinance. If the subdivision of land creates
three or more parcels, the subdivision must be done according to the full platting
procedure. However, in order to expedite the creation of only one (1) additional lot, a
one-time lot split procedure is being added. The proposed lot split procedure combines
the preliminary and final plat into one review and approval procedure. Therefore, rather
than going to P&Z and Council for preliminary plat approval and then back to P&Z and
Council again for final plat approval, the lot split would be heard by P&Z and Council
one time.
The ordinance was first heard by the Council on March 3, 2009. At that time, Council
approved the ordinance with the stipulation that staff prepare flowcharts of the platting
and lot split processes and revise applications and the fee schedule prior to the second
reading. During the preparation of the flowcharts staff discovered several deficiencies
with the proposed ordinance.
Subsequently, the ordinance was revised to add back the pre -application meeting plats
and lot splits. The pre -application meeting was added back because it is at this stage
that access management issues including driveway locations and cross -access can be
addressed as well as easement and right-of-way dedications.
Also, the code did not delineate between the submittal of plat copies for review by staff
and the submittal of copies for approval by P&Z and Council. It calls for 14 copies to be
submitted originally, when only 5 or 6 are needed for staff review. Revisions clarify
submittal of plats for staff review and then upon staff approval, submittal of copies for
P&Z Board and City Council review. The number of copies to be submitted has been
removed from the code as this may change over time and would therefore require an
amendment to the ordinance. The required number of copies is called out in the
application.
Given the nature of the changes, staff decided to take the ordinance back to P&Z for
review and recommendation. During a series of three meetings, P&Z recommended
several minor revisions and the following significant revisions:
(1) Make the pre -application meeting mandatory for all subdivisions of land.
(2) Edit the review criteria.
(3) Combine criteria for a preliminary plat and a final plat into one application for a lot
split.
(4) Add P&Z Board to the lot split review process.
(5) Add notification to surrounding property owners for lot splits of residential property.
Staff Recommendation: Because of the nature of the revisions, staff is bringing the
ordinance back to the Council as a new ordinance for first reading. The resolution
establishing a fee for lot splits will be presented at the second reading. Staff
recommends approval of the revised ordinance.
2
MEMORANDUM
Date: February 8, 2010
To: City Council members
From: Barry Brown, Planning and Development Director
RE: Ordinance No. 03-2010
The attached Ordinance No. 03-2010 includes proposed revisions to the code regarding
the subdivision of land and platting procedures. The proposed revisions were first
presented to the Council as Ord. No. 04-2009 on March 3rd of 2009. The attached
Ordinance No. 03-2010 depicts revisions to the current code in striketlIFeugh and
underline. Proposed revisions made subsequent to the March 3, 2009 Council meeting
are highlighted in orange.
ORDINANCE NO. -2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98,
SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF
ORDINANCES RELATED TO PLATS; AMENDING AND
CLARIFYING THE CRITERIA REQUIRED FOR
PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW
AND APPROVAL; PROVIDING A PROCEDURE FOR
REVIEW AND CONSIDERATION OF LOT SPLITS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City 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, the City Council desires to streamline and update the requirements and
procedures for consideration and approval of subdivision preliminary and final plats consistent with
the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council desires to create an abbreviated lot split procedure for the
subdivision of one lot into two lots; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
City of Cape Canaveral
Ordinance No. _-2010
Page 1 of 18
ARTICLE IL PLATS & LOT SPLITS
See. 98-31. Division of land; review and approval required; zoning. RrgeTYcd.
Lah Any subdivision of land into two f2) or more parcels shall be subject to the
requirements of this article.
Ltj No owner of EgAl property shall sell, offer to sell or lease lots or tracts of land from
such property without first having divided such t)rODe!lv in accordance with the re.uirements
of this article. Before such lot or tract is divided, the lots or tracts proposed to be divided
shall be: surveyed by a duly licensed Florida surveyor and approved by the CitY Council by plat
or lot split resolution in accordance with the specific applicable provisions of this article and
Chapter 177, Florida Statutes. No permit shall be issued for the construction of any building
or structure or for an electrical or sewer hookup on an lot or tract sold in violation of this
article; provided, however, that any such violation can be remedied by complying with the
provisions of this article, Additionally, any subdivision or lot split gnproved p,ursuantto this
article shall in every respect meet the criteria established elsewhere in this article and the Cit
Code for the category of zoning and other relevant codes under which the property is zoned,
Secs. 98-3217— 98-35. Reserved.
:1 VOW"Win W F; WE I I M W M12
See, 98-36. Submittal and review procedures.
(a) In order to promote development of land within the municipal boundaries of the City
that is harmonious with and otherwise in compliance: with the comprehensive plarl,
surrounding development and all applicable Codes, applicants for s"an plat or lot split
-A — -_
approval shall meet with, staff in a preal2plication conference. are e-rjee)m 36'La — titilize the
preapt' lic-tion confererl=_ CLIJU --ilabfe to all site phn applicants. The
preapplication screening and conferences are intended to assist the applicant in becoming
more aware of and, therefore, more likely to comply with guidelines applicable to the project
for which a Tite-p+= plat or lot split will be submitted. However, the applicant is cautioned
that the preapplication screening process is not intended to be a substitute for the formal plat
or lot S121it Site`r+an SUbm ittal and review procedures. Nor is it expected that the applicant can
rely upon conditional approvals received during the preapplication process as binding tile
City in any manner during subsequent sife-14an plat or lot split submittal and review
procedures.
City of Cape Canaveral
Ordinance No. -2010
Page 2 of 18
■
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vomit
c) The applicant will provide frm-copie-s preliminary drawings of the proposed plat or lot
V)1it o the tannin official. The numbeLyf co
In ----pies required to be submitted
shall be determined by the planning official.Upon submittal of the copies of the Proposed
1 -
plat or lot SDlit ,.a preapplication conference shall be scl-ieduled'"--U-I'IULIE�,-iiiz;� irrun-vlrve-dftyll�
Prim t"-- fil-W
(c d) The proposed plat or lot split skefth-p4an so provided shall contain a location map
showing the relationship of the proposed subdivision to existing and proposed facilities as
indicated in the comprehensive plan, and shall contain general information including, but not
limited to, the following:
(1) General information on the existing, site conditions, water management facilities,
soil conditions, floodplain data, topography, trees and vegetation, adjacent
community facilities, utilities and surrounding property conditions.
(2) General description of the proposed development including proposed number of
lots, approximate lot width and depth, building size and type. Proposed stages of
development, if appropriate, should be shown,
kete i fiv-nn-,-a A plan showing the proposed pattern of streets, lots and water
management facilities in relation to existing natural conditions of the site and its
Surroundings.
Sees. 98-37 - 98-4,0. Reserved.
DIVISION 3. PRELIMINARY PLAT
See. 98441. Information required.
The following information shall be provided to the community evelopment department:
Lai A completed application on a form prescribed by the city manager requesting review
City of Cape Canaveral
Ordinance No. -2010
Page 3 of 18
of the preliminary plat under this Division.
The preliminary plat, which shall:
LD Conform to the requirements of Chapter 177, Florida Statutes, this Code, and
any other applicable statutes and regulations.
Bear the certification of a registered Florida surveyor certifying the accuracy
of the plat.
Be drawn at a uniform scale not smaller than one (1) inch equals one hundred
100 feet.
ffi Indicate the title scale north arrow and date on each sheet.
M Show, at a minimum the following existing conditions on theplat:
LA,i Primary control points or descriptions and ties to such control points
to which all dimensions an les bearings and similar data on the plat shall be
referred.
a Boundary lines (including bearings and distances), lot lines, lot
numbers and block number.
Q Location and description of monuments.
Easements, including location, width and purpose.
Q Location width and names of all streets, waterwa s or other rights -
of way shall be shown, as applicable.
Minimum building setback Iines.
Size data including total acreage, number of lots typical lot size in
acres, parks, public open space, etc.
ISI- Location map showing the site in relation to the existing community_,
including the name of the development and its location and main traffic
arteries.
u Topographic survey showing ground elevations of the tract, based on a datum plane
gpproyed by the City engineer as follows:
For land that slopes less than approximately two percent (2%)show spot
City of Cape Canaveral
Ordinance No. _-2010
Page 4 of 18
elevations at all breaks in grade, along all drainage channels or swales and at selected
points not more than one hundred feet (100') apart in any direction
For land that slopes more than approximately two percent(2%),either show
contours with an interval of not more „than five feet (5) if ground slope is regular, and
such other information as is sufficient for planning purposes, or show contours with
an interval of not more than two feet(2'),if necessary because of irregular land or
need for more detailed data for preparing plans and construction drawings.
M Other conditions on tract, including water courses marshes rock outcrop,
wooded areas, houses, barns, shacks and other significant features.
Other conditions on adjacent land, including approximate direction and
gradient of ground sloe and any embankments or retaining walls,• character and
location of buildings, power lines, towers and other nearby nonresidential land uses,
or adverse influences, owners of adjacent unplatted land, abutting platted land, with
reference to subdivision plat by name recording -date and number-, and!Ipproximate
percent buildup, typical lot size and dwelling Vie_
M Zoning designation on and adjacent to tract.
Proposed public improvements, including_ roadways, space reserved or
dedicated for arks playgrounds or other public uses or other major im rovements
planned by public authorities for future construction on or near tract.
fAl Photo ra hs of the tract at the re nest of thelapping and zoning board.
.(e� A filing fee as established by resolution of the city council.
ff Other preliminary plans, if available, which elariL the application
fg)- Acurrent title opinion of an attorney Iicensed in Florida or a certification by an
abstractor or a title company showing that record title to the Iand as described and shown on
the plat is in the name of the person or Iegal entity executing the dedication. The title
opinion or certification shall also show all mortgages not satisfied, released or otherwise
terminated by law and shall be current within 180 days of submittal.
the meeting at which the subdivision preliminary plat will be reviewed by the Plarming and
zoning Board—.
(i) Eetter requesting ieview ofthe preliminary plat under this Di -vision.
City of Cape Canaveral
Ordinance No. -201C
Page
Page 5 of 18
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See. 98-42. Topographie data. Reserved.
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City of Cape Canaveral
Ordinance No. _-2010
Page 6 of 18
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See. 98-43. Sca1c, proposals. Reserved.
City of Cape Canaveral
Ordinance No. _-2010
Page 7 of 18
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See. 98-43. Sca1c, proposals. Reserved.
City of Cape Canaveral
Ordinance No. _-2010
Page 7 of 18
1-m-&-filLfinaly plat
smaHerthan one inch equals
(1) Streets. Names,
(general
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subdivision
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and gradient;
similar data fbr alleys,
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purposer.(-3)
(2) -
E;oeafion of utilities.
if not showii
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on other exhibits-.
width and
(4) bots. hot fines, fot
numbers
and
block numbers.
(5)) Public use sites.
Uses.
if
> to be reserved
or dedicated
for parks,
playgrounds
or other pubfie
(6) Other sites. if any,
for
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City of Cape Canaveral
Ordinance No. _-2010
Page 8 of IS
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Sec. 9,844. '"'Ither preliminary plans. Reserved.
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Sec. 9,844. '"'Ither preliminary plans. Reserved.
See. 98-45. City review.
(a) The applicant shall submit copies of the preliminary plat and other information as
prescribed in section 98-41 for review bv the city staff. Citv staffshall determine the number
...- -1 - -
of copies to be Submitted for review. Upon rece,ipt of the documents required Ullwer-tfil-.s
Division being --n- --n— "
the bui4dlil-1 Offieial planning official shall review and
forward to the appropriate City reyiewing staff engineer a copy of the loention ntap;
topogrnphic map, pieliminary 1)IM-all documents submitted and such other documents as
deemed lie deerns appropriate to enable the City reviewing staff engineer to review the
application subdivision and either find approve the application to be sufficient, subdivision
or point out areas that are inadequate or improper. The City Attorney shall review the title
opinion or certification, protective covenants, articles of incorporation and bylaws and shall
make recommendations, if necessary.
(b) Within tm thirty (30) days, the City reviewing staffengineer will return in writing
all comments, recommendations and questions to the applicant. The applicant shall then have
ten working days to comply v6th the eity engineer's mitten. request and submit the
iril'brination as corrected andy'or modified to the eity.
Lc Should any comment or recommendation made by a member of the City reviewing
staff require the applicant to revise its submittal, the City reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the planning
official, who shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the City reviewing staff, the applicant
shall submit revised copies of the plat and other information as prescribed in section 98-41.
The number of copies required shall be determined by, cit y staff. Upon receipt of all
City of Cape Canaveral
Orditiatice No. -2010
Page '9 of 14
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See. 98-45. City review.
(a) The applicant shall submit copies of the preliminary plat and other information as
prescribed in section 98-41 for review bv the city staff. Citv staffshall determine the number
...- -1 - -
of copies to be Submitted for review. Upon rece,ipt of the documents required Ullwer-tfil-.s
Division being --n- --n— "
the bui4dlil-1 Offieial planning official shall review and
forward to the appropriate City reyiewing staff engineer a copy of the loention ntap;
topogrnphic map, pieliminary 1)IM-all documents submitted and such other documents as
deemed lie deerns appropriate to enable the City reviewing staff engineer to review the
application subdivision and either find approve the application to be sufficient, subdivision
or point out areas that are inadequate or improper. The City Attorney shall review the title
opinion or certification, protective covenants, articles of incorporation and bylaws and shall
make recommendations, if necessary.
(b) Within tm thirty (30) days, the City reviewing staffengineer will return in writing
all comments, recommendations and questions to the applicant. The applicant shall then have
ten working days to comply v6th the eity engineer's mitten. request and submit the
iril'brination as corrected andy'or modified to the eity.
Lc Should any comment or recommendation made by a member of the City reviewing
staff require the applicant to revise its submittal, the City reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the planning
official, who shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the City reviewing staff, the applicant
shall submit revised copies of the plat and other information as prescribed in section 98-41.
The number of copies required shall be determined by, cit y staff. Upon receipt of all
City of Cape Canaveral
Orditiatice No. -2010
Page '9 of 14
documents the planning official shall schedule the qpplication for consideration by the
planning and zoning board.
Sec. 98-46. Planning and Zoning Board and City Council review.
(a) The planning and zoning board shall review the srrbdivisim preliminary plat and
other material submitted for conformity with this Code and may negotiate on changes
deemed advisable and shall recommend, in writing, its approval or disapproval to the city
council within 30 days. All recommendations, conditions and changes shall be noted on two
copies of the preliminary plat by the chairman of the Board or designated representative.
(b) Upon receipt of the planning and zoning board's recommendation, the city council,
at their next regularly scheduled meeting, shall vote to either accept,, yr reject or modi the
Board's recommendation.
Sec. 98-47. General_ criteria for approval. Time limit.
Before any preliminary plat is recommended for approval by the planning and zoningboard
oard
or approved by the city council, the applicant must demonstrate,, and the planning and zoning board
or city council must find, that -the proposed preliminary plat meets the following criteria:
LaL Thea lication is in compliance with the provisions of this article and applicable
law.
a The application is consistent with the City's comprehensive plan
The qpplication does not create any lots tracts of land or developments that do not
conform to the City Code.
LL The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
IJVJ 01-7-1 Is men [-fair. 4L.1010
:
Sec. 98-48. Reserves Time limit.
The city council's a1212roval of a reliminaplat shall be valid fora period of six 6 months
unless a one 1 time six-month extension has been ranted by the city counciI for good cause shown
by the g9plicant. If the final plata roval is not obtained within the time period provided in this
section, the city council's preliminary1p at approval shall be revoked and the applicant must re -apply
City of Cape Canaveral
Ordinance No. _-2010
Page 10 of 18
under the provisions of this article.
Sees. 9-49g-- 98-55. Reserved.
Sec. 98-56. Conformance to preliminary plat.
The Subdivision final plat shall conform substantially to the preliminary plat, as approved by
TFU
the city council, I JMIYM — �'3ffvv-uy-M.' AJI V Lt 111fty OUH.Mffute Only
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JJU V LU%,U,-nID'W-7�-VFj IaL IUWI JJUI LIThe plat may
contain only.,,that portion of the approved preliminary plat the subdivider intends to record and
develop at the time. Any such portion shall meet the requirements of this article, The final..plat shall
correct any inaccuracies indicated on the mehininary r)lat.
Sec. IA-57.1"'ftimberofrapim. Reserved.
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See. 98-58. Data required for final approval.
Lal The Subdivision final plat shall be drawn by the subdivider to conform to the
requirements of the city council =d the Hkjaid of ekitinnissionersfor approval and
filing with the County clerk.
(bb) S -ix One (1) transparencyin Irl lar or printable copyi-es of the final recorded plat
shall be prepared by the subdivider for the records of the City and shall be submitted to the
City cierk with all appropriate fees to enable the City cferk to record the documents in the
public records of the County.
(jc The final plat shall comply with Chapter 177, Florida Statutes, and shall Lidditionally
now tht fbilowt include a dedication statement by the owner(s), if dedicating streets or
rights-of-way for public use. The dedication must be executed by all persons or legal entities
whose signature would be Le�ired to convey record fee simple title to the lands being
dedicated in the same manner in which deeds are required to be executed. The dedication
,shall include the name of the plat and the typed names of any witnessnotarv, or other person
required to sin dedication.
City of Cape Canaveral
Ordinance No. -2010
Page I I of 18
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(3) Name and r L-gI I L -01F -Way Width of cacti street or other , ight-of-way—
.
(6) Purpose to which sites are dediented or rese red—.
(5) Minimum building setback line on all lots and other sites.
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Sec. 98-59. Documents required prior to approval.
Lal The following items shall be required before for subdivision final plat approval ear
be
(1) Documentation — c�—tefromtheCityreviewing_staffengineercertifying
the proposed subdivision is acceptable.
(2) £itlwr-aAn irrevocable letter of credit, performance bond or certified check,
City of Cape Canaveral
Ordinance No. _-2010
Page 12 of 18
in a form, acceptable to the City Attorney, which will enable the City to complete an
afl unfinished improvements that are to be dedicated to the public, including,but not
limited to streets, drainai a facilities, street signs sewer facilities, sidewalks and other
improvements as shown on the final plat accompfished by the eity-, if need b%:,.
(3) Draft ofprotective covenants, ifgplicable, wherebythe subdivision proposes
to regulate land use in the subdivision and otherwise protect the proposed
development. If there is to be a homeowners' association established, copies of the
articles of Inco oration declarations and restrictions and the bylaws shall be
provided.
(4) Certification of approval by the Berard city council.
(5) Other data as may be necessary which shall be determined by the city council
Plarming and Zoning Board.
Prior to the city council's consideration of the final plat, the subdivider shall submit
to the City an updated title opinion of an Attorneylicensed icensed in Florida or a certification by an
abstractor or a title company showingthat hat the record title to the land described and shown
on the plat is in the name of the person or legal entity executing t_he dedication. The title
opinion or certification shall also show all mortgages not satisfied, released or otherwise
terminated by law. The City Attorney shall review the title opinion or certification prior to
the cily council meetings
Lei AlI mortgagees having a record interest in the lands subdivided shall execute, in the
same manner in which deeds are required to„be executed either the dedication contained on
the plat or a separate instrument joining in and ratifying the plat and all dedications and
reservations thereon.
See. 98-60. Application for approval.
Application shall be made for subdivision final plat approval as follows:
weeks prior to the meeting at whieli it is to be considered.
U Upon the documents required under this Division being resented to the City, the
planning official shall review and forward to the appropriate City reviewing staff a copy of
all submittals and such other documents as he or she deems appropriate to enable the City
reviewing staff to review the subdivision and either find the application to be sufficient, or
point out areas that are inadequate or improper. The City, Attorney shall review the title
opinion or certification, protective covenants, ,articles of incorporation and bylaws and shall
make recommendations, if applicable.
Within 30 da s. the reviewing staff will return in writina all comments
recommendations and questions to the planning official who shall then forward all
City of Cape Canaveral
Ordinance No. -2010
Page 13 o,718
documents to the aMlicant.
(c) Should any comment or recommendation made by a member of the City reviewm"g
staff require the applicant to revise its subdivision submittal, the Cit V reviewing staff shall
review the revised Submittal and return all. comments, recommendations and questions to the
planning official, who shall then forward all documents to the applicant.
f�Q Upon receiving-.aalisfactory reviews from all of the City r vj,ewing staff and revised
copies of the -plat, the 121annin&gfficial shall schedule the application for consideration by the
planning and zoning board.
Sec. 98-61. Planning and ZoninL- Board and Ci Council Review; General Criteria for
Approval. Recontmen - r �] - -- -- � -- - - - -1 — i
�'Ul I Ail lilt jLllg-annm-mng7Bv=-d-.
(a) When all requirements tinder this Division have been satisfied, the planning and
zoning board will vote to recommend approval or disapproval of the Subdivision final plat,
and these recommendations will be submitted to the city council at the next regularly
scheduled Council meeting. The city council shall vote, in resolution form, to either accept,
or reject, or modify the Board's recommendation.
Lbi Before any final 121at is recommended for approval by the plannigg and tonin board
ora roved by the city councilthe applicant must demonstrate, and the planning and zoning
board or city council Must find, that the proused final plat meets the following criteria:
(1) The aDDlication is in compliance with the provisions of this article and
applicable law.
f2l The application is consistent with the City's corriprehensive plan.
01 The application does not create any lots tracts of land or developments that
do not conform to the -City Code.
Lj)- The application provides for proper ingress and egress throe 7h a public or
avoroved private street or perpetual cross access casements.
See. 98-62. Recording.
The City shall be responsible for recording approved Subdivision final plats. The final Rlat
shall be recorded with the County pLior to any certificate of occupancy being issued for the
applicableplat. The city manager shall be responsible for adopting administrative procedures for
ensuring that all final 12fats approved by the city council are recorded within fifteen (15) days of the
date ofthe subdivider's updated title opinion or certification, developermust record the subdivision
--
fin a! Ij 'lilt w, ith the evurity ail U's t!PP 1yuh e- 11 fJIIJVTU I Ulk- I
LU) IJ�,Upancy will be granted.
City of Cape Canaveral
Ordinance No, -2010
Page 14 of 18
i KII&SUMV
Sec. 98-66. Lot splits.,
Lal
Leat split review and Qn?jaro vqI.,,. An application for lot split shall _beprocessecl by
combining the review and approval procedures of thisarticle applicable to l2relimillarY and
final plat applications into one (1) consolidated process as set forth in this section.
Ltj Definition. For purposes of this section. the term "lots lit"' shall mean a division of
a tract of land or lot that will result in the creation of exactly one (1) additional tract of land
or lot provided the following conditions are net:
LL The lot or tract of land to.. be split is a previously p,latted lot.. or legal
description of record.
(a Each lot or tract of land created hereunder shall abut a public or approved
private street, unless pgrgetual cross -access easements already exist on the lot to be
split or are determined not to be necessary, or, if necessary, are provided by separate
instrument.
(c) Application. Applicants seeking lot split approval shall provide the following to the
community development department:
(1) A complete lot split Q12lication on a form prescribed by the city manager.
(2) The information required for preliminary plata royal set forth in section 98-
41 of this article.
(3) A filing fee established by resolution of the City council.
f.41 City slaffreview.
M Upon receipt.of a complete lot split application., the planning official shall
review and forward to the appropriate. City reviewing staff a copy of same and such
other documents to enable the City reviewing staff to review the application and
either find the application to be sufficient or point out areas that are inadequate o
i=roper. The City Attorney shall review the title opinion or certification.
(2) City reviewing staff shall return in writing all cornments, recommendations
and questions to the applicant within 30 days of receipt of applicant's complete
application.
City of Cape Canaveral
Ordinance No. -2010
Page 15 of 18
Q Should any comment or recommendation made by the City reviewing staff
require the -aLiplicant to revise its submittal, the City reviewing staff shall review the
revised submittal and return all comments. recommendations and questions to the
planning,official , who, shall then forward all documents to the-agplicant.
L4) Upon receiving satisfactory reviews from all of the City reviewing staff the
applicant shall submit revised copies of the lot split and other information required
by this section. The number of copies required shall be determined by City staff.
Upon receipt of all document s, the planning official shall schedule theapplication for
consideration by the planning and Zoning board.
Lel Public hearjLgL
Ul The planDing and zoning board shall consider an application for lot split a
a duly noticed. public hearing and shall vote to recommend approval or disapproval
of the lot split to the c.itycouncil.
21 Uon receipt of the planning and zoning board's recatumendation, the cit
council shall, at a duly noticed public hearing, review and consider the l2lanninR and
zoning boards recommendation and shall either approve or deny the prol2osed lot
split, Any approval of a, lots lit shall be by resolution of the city council.
JL Review criteria, Before any lot split is recommended for approval by the plannilll.,
and zoning board orapproved by the cit council the applicant must den-ionstrate, and the
planning and zoning boardorcity council nIUSt find
that the proposed lot sl2lit meets the
following, criteria:
La 'The proposed lot split is in compliance with the provisions of this article and
applicable law.
(a The application is consistent with the City's comprehensive plan.
Ul The application does not create any lots, tracts of land or developments that
do not conform to the City Code.
(4) The application provides for proper ingress and egress through a PUblic or
approved private street or perpetual cross access easements.
!S
.Vecial notice for residentialleaf ,splity, Any proposed lot split of a residentially
,
zoned propegy shall require special notice be provided to adiacent property owners at least
fourteen 0 4) days priorto the lanning and tonin board hearing on the proposed residential
lot � �Iit. Said notices shall be provided by regufar mail to adjacent property owners within
500 feet of the property subject to the lot sl lit application, and shall include the address and
legal description of the subigct property, and the date, time and location of the planning and
City of Cape Canaveral
Orth Bance No. -2010
Page 16 of 18
Lenin, board hearing. Notices_12iLqvided Linder this subsection are hereby deemed to be
courtesy notices onlyand the failure to provide or receive said notices shall not be a basis of
avnealinv anv decision made under this section. App,l,icants shall be.solely responsible for
the cost of the notices required bythis subsection.
it Recording. Upon approval of any lot split by resolution of the city -council the x1at
documents shall be duly recorded in the public records of Brevard County in accordance with
section 98-62 and the lots lit shall be reflected on the appropriate City maps and documents.
CiL Restriction on additional lot split. No further division of an Uproved lot split is
permitted Linder this section, except through the preliminary and final plat review procedures
of this article.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repeated to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
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 ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, 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 Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this,_ day of
,2010.
A'TTEST:
ANGELA APPERSON, City Clerk
ROCKY RANDELS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randets
C. Shannon Roberts
Betty Walsh
City of Cape Canavcral
Ordinance No. -2010
Page 17 of 18
Ili
Against
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-20I0
Page 18 of 18
City of'Cape Canaveral
Community Development Department
WE
To: Angela Apperson, Acting City Manager
Mia Goforth, Acting City Clerk
Re: Recommendation to City Council
Revisions to the Platting Ordinance
During previous Planning & Zoning Board meetings, the Board
members reviewed and held discussion regarding the platting
ordinance. The Board members recommended several changes to
the ordinance during those meetings.
At the Planning & Zoning Board meeting, held on January 27, 2010,
by unanimous vote, the Board recommended approval of the above
referenced ordinance to the City Council.
Please schedule this ordinance for an upcoming City Council meeting
agenda.
751:1711. Atlantic Avenue -Post Office Box 326 - Cape Canaveral, FL 32920-0326
Building Co�de Enforcement: (321)868-1222 0 Planning & Development (321) 868-1.206 - Fax & Inspection: (321) 868-1247
W., cariaveriator' ............ . . .
C i tr'�4.� fc'i'i9
City of Cape Canaveral'
PRELIMINARY AND FINAL, PLAT
Application Packet
Instruction Sheet.. ......................................... ........ 2&3
Information Sheet .... ................................ — ..................... -4
Payment Receigt ............................................. 5
Flowchart................................ ................................... 6
CDD - Prelim. & Final Plat App. Packet 02/2010 Pages
Instruction Sheet
and submittal of Plat appl�ications.
W0111 MINEW111 1111, 1
The preliminary and final plats shall be prepared in compliance with the requirements of
Chapter 98 of our c:iode. To access our code, visit 6t o On the
home page, highlight City Departments, highl;ight City Clerk, then click on Code of
Ordinances-, click on Municipal Code Corporation and this will take you to
municrd- .com, then click on Cape Canaveral Code of Ordinances.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal' the application will not be
accepted for review.
4. Copies of prelimiinary plat completed according to Sec. 9;8-41 (b)i(c). Initially
submit only 5 copies of the prel:iminary plat for staff review. After staff review and
comments have been addressed, additional copies of the revised preliminary plat
will be required before proceeding to Planning and Zoning Boardi.
CDD - Prelim. Plat App. Packet 02/2010 Page 2
Final plat application submittal checklist
1. Completed Information Sheet.
2. Power of Attorney, if applicant is not the owner.
3. Payment of filing fee and escrow deposit.
4. Copies of final plat. Initially submit only 5 copies of the final plat for staff review.
After staff review and comments have been addressed, additional copies of the
revised final plat will be required before proceeding to Planning and Zoning
Board.
5. Mylar or printable copy (upon staff approval)
6. Dedication Statements
7. Letter of credit, performance bond, or certified check.
8. Draft of protective covenants and if a homeowner's association, copies of the
articles of incorporation, declarations and restrictions, and bylaws.
9. Current Opinion of Title
10. Mortgagee statements
CDD - Prelim & Final Plat Instr. 02/2010 Page 3
City of Cape Canaveral
PRELIMINARY AND FINAL PLAT
Information Sheet
Date of Submittal:
Project name:
Project address (if not available, provide general location).
Legal description: attach legal
FLU and Zoning designations:
Owner(s) name-
Owner(s) address:
Phone number(s):
Email(s):
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name:
Applicant address:
App. phone number(s):
App. email(s):
Signature (owner or applicant):
CDD - Prelim. Plat App. Pkt. 02/2410 Page 4
City of Cape Canaveral
Preliminary and Final Plat
Application Fee Sheet and Payment Receipt
Date:
Project Name:
Application Submittal Fee:
RESIDENTIAL Total # of Units:
$12.50 per unit up to 4 units - # of units: X $12.50 = $
$ 7.50 per unit over 4 units, not to exceed $500
# of units over 4 X $7.50 ........................ _ $
Total Residential: = $
COMMERCIAL
$150 per acre or portion thereof.
acres X $150 per acre: .................................... _ $
Total Application Fee: _ $
Escrow Deposit. Total # of Units:
RESIDENTIAL: 1 to 4 Units ...........................$700 = $
5 up to 50 Units ................... $1,800 = $
50 plus or hotel/motel.............$2,800 = $
COMMERCIAL: up to 4 acres ........................$1,800 = $
5 to 8 acres ......................... $2,300 = $
Over 8 acres per city engineer contract: _ $
Total Escrow Deposit: = $
----------------------------------------------Office use only ---------------------------------------------------
Initial Escrow Deposit: $ Vendor Name.
Invoice #: Cost: $ Escrow acct # 001-000-000-202240
Feb.9,20101g:chapmantplatfeesheet/paymentreceipt
M
Appo
Complete Application Packet —
Packet & Resubmiit
[_..............._. I
Wistribute application packet to
City reviewing staff
for review
r,
®ay.._
s
lat, title,, e
Correct
M
M
& Z for Recommendation to City Council
'1111 r"I 1111111 iiiiiiiiiiij 11;1!11111 �j
1�1 11H mill!
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[Schedule & Advertise for City Council Meeting
City Council Approval
If Final Plat
If Preliminary Plat, Recorded by City
alid for 6 mos. With a
.. . . . .. ...........
6 mo. Extension
Available FINISHED
Revised Feb 7, 2410/g:chapman1p1at/ftowchart
Applicant
Addresses
=11ZI.-Ill fill
Questions &
comments
to applicant
LOT SPLIT
Application Packet
Instruction Sheet .........................................................
10 ffol M FTU MO. h e e t ... ............ I -.. — .1
FeeSheet/Payment Recebt .................. ............. i .r
Flowchart.. ..... ......... ................................................ 5
CDD - Lot Split App, Packet 02/2010 Page I
rIT 1 Fj F r4 Us-rj 1 &1
A pre-applicati�on meeting with the City Planner is required prior to completion
and submittal of the Lot Spl'it app,licati�on.
The lot split shall be prepared in compliance with the requirements of Chapter 98-66 of
our code. To access our code, visit On the home page,
ghlight City Departments, highlight City Clerk, then click on Code of Ordinances; click
on Municipal Code Corporation and this will take you to munlicode.com, then click on
Cape Canaveral Code of Ordinances.
Application submittal checklist
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal the application will not be
accepted for review.
4. Copies of lot split completed according to Sec. 98-66. Initially submit only 5
copies of the lot split for staff review. After sta,ff review and comments have been
addressed, addlitional copies of the revised lot split will be required before
proceeding to Planning and Zoning Board.
11 IM
8. Draft of protective covenants, if any.
CDD - Lot Split App. Packet 02/2010 Page 2
City of Cape Canaveral
LOT SPLIT
Information Sheet
Date of Submittal:
Project name:
Project address (if not available, provide general location)
Legal description: attach legal
FLU and Zoning designation
Owner(s) name:
Owner(s) address:
Phone number(s):
Email(s):
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name:
Applicant address:
App. phone number(s):
App. email(s):
Signature (owner or applicant):
CDD - Prelim. Plat App. Pkt. 02/2010 Page 3
WITIM IN I
With Staff
Complete Application NO -_,_ Application
Packet & Resubmit Packet
Complete?
City Reviewing Staff
for review and comment
at, title, etc;~ ,,
Correct
F�
NO]
Schedule & Advertise for next P & Z meeting
If residential, send courtesy notification to property
jwners w/in 500 ft. radius (14 days prior to meeting),
.H3MMMB1=
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by Resolution
Revised Feb 7, 2010/g:chapmanllotsplit/flowchart
City of Cape Canaveral
City Council Agenda Form
City �Coun:cil MeetinDate: February 1612",07 1
Item No. iv
Subject: INANCE, OF THE CITY COUNCIL OFTHE CITY OF CAPE
CANAVERAL, FLORIDA, REPEALING THE EXISTING PROVISIONS OF ARTICLE 111,
CHAPTER 10 OF THE CITY CODE RLATED TO OUTDOOR ENTERTAINMENT;
ADOPTION OF A NEW ARTICLE III OF CHAPTER 10 REGULATING THE PERMITTING
OF OUTDOOR ENTERTAINMENT EVENTS; PROVIDING FOR THE RE, PEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABLILITY; AND AN EFFECTIVE DATE.
Department: Community Development
Summary:
Revises Outdoor Entertainment Code
— — ------- -
Requested Council Action:
Approve at I" reading and make a motion or a resolution to revise the fee schedule (appendix B
of City Code).
Financial Impact:
Event costs to be paid by applicants. Indirect economic evelopment benefit to City.
Attachments: m- Supporting, Documents Reviewed:
Staff memo re ordinance revisions.
Staff memo re fee schedule revisions.
Revised ordinance.
Submitting Department Head: Todd Morley Date: February 8, 2010
Nc I
Approved b ity Manager:
Date:
City Council Action: Approved as Recommended Disapproved
Approved with Modifications
Tabled to Time Certain
Memo
Date: February 8, 2010
To: Angela Apperson, Acting City Man , nd City Council
From: Todd Morley, Building Official
RE: Revisions to Outdoor Ente meet Ch. 10
In late 2009, it was revealed that our City code does not address multi -day events. At the same
time, staff discussed other aspects of the ordinance which did not sleet current best practices (i.e. Fire
Dept, Law Enforcement, and EMS services). Staff was tasked with developing revisions to the
Outdoor Entertairnnent ordinance. Li researching and comparing other municipal codes, it was
determined that there are some "must -haves" such as site plan, fire and EMS requirements. But the
ordinance should also provide a flexible and business -friendly framework for user -definable events,
The review team will determine whether a proposed event meets minimum requirements for the safety,
health and welfare of the citizens and establish appropriate fees, per event. The City Manager will have
final approval authority.
Overview of proposed ordinance:
• Expanded definitions of "Outdoor Entertainment Event" and "Site Plan".
• Multi -day events permitted.
• Departments to establish estimated fees during application review. Fees to be paid at least 14
days in advance of the event.
• Staff will have approval authority for events. However, Council approval will be required for
alcohol.
Memo
Date: February 8, 2010
To: Angela Apperson, Acting City Mane ntf City Council
From: Todd Morley, Building Offic'
RE: Revisions to Appendix B, f" ule for Outdoor Entertainment Ch. 10
City Council may draft a resolution to amend the current fee schedule to include:
• No daily fee. Since the departments are assessing their own fees, daily fees may be
unnecessary.
• Create a one-time application fee to cover the initial staff time for review and approval.
Chapter 10. Amusements and Entertainments
Article III. Outdoor Entertainment
a)
Application fee, pef day..........
$500.00
10-6-373
b)
Departmental service fees to be established by the respective
e artments
c)
.lean u and damage de osit
J500.00
10-66
ORDINANCE NO. 04-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, REPEALING THE
EXISTING PROVISIONS OF ARTICLE III, CHAPTER 10 OF
THE CITY CODE RELATED TO OUTDOOR
ENTERTAINMENT; ADOPTING A NEW ARTICLE III OF
CHAPTER 10 REGULATING THE PERMITTING OF
OUTDOOR ENTERTAINMENT EVENTS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City 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, the City does not desire to exclude communication of a particular content, but
instead desires to coordinate multiple uses of limited public space, to assure preservation of its parks
and other City facilities, and to prevent uses that are dangerous, unlawful, or impermissible under
the local, state, and federal statutes or regulations; and
WHEREAS, regulations of the use of a public forum that ensure the safety and convenience
of the people are not inconsistent with civil liberties but are one of the means of safeguarding the
good order upon which civil liberties ultimately depend. See Cox v. New Hampshire, 312 U.S. 569,
574 (1941); and
WHEREAS, in order to regulate competing uses of public forums owned or controlled by
the City, the City may impose permit requirements on those persons wishing to use such, public
forums, so long as the permitting scheme does not delegate overly broad licensing discretion to a
City official and Iimitations on the time, place and manner of speech are not based on the content
of a message, are narrowly tailored to serve a significant governmental interest, and leave ample
alternatives for communication. See Forsyth County v. Nationalist Movement, 505 U.S. 123 (1992);
and
WHEREAS, the permitting procedures of this Ordinance are intended to provide narrow,
objective, reasonable, and adequate standards to guide the City Manager in the manager's decision
to approve or deny an application for an outdoor entertainment event permit in order to provide for
effective judicial review. See Thomas v. Chicago Park Dist., 534 U.S. 316 (2002); and
WHEREAS, this ordinance is intended to provide adequate procedural safeguards to persons
wishing to obtain a permit hereunder.
WHEREAS, without the necessity of obtaining a permit hereunder, outdoor entertainment
City of Cape Canaveral
Ordinance No. 44-2010
Page 1 of 18
events and use of City -owned facilities may create disturbances, become nuisances, menace life,
limb, and property, or disrupt traffic. See Shuttlesworth v. Birmingham, 394 U.S. 147 (1959); and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Repeal of Existing Article III, Chapter 10. The City Council of the City
of Cape Canaveral hereby repeals Article III. Outdoor Entertainment, of Chapter 10 of the City Code
in its entirety. Article III of Chapter 10 is attached hereto for reference purposes only as Exhibit
46A."
Section 3. Adoption of New Article III, Chapter 10. A new Article III of Chapter 10
is hereby adopted as follows:
ARTICLE III. OUTDOOR ENTERTAINMENT EVENTS
DIVISION 1. GENERALLY
Sec. 10-46. General Provisions.
(a) Title. This article shall be known and may be referred to as the "City of Cape
Canaveral Outdoor Entertainment Events Ordinance."
(b) Pur pose and intent. The purpose and intent of the City of Cape Canaveral Outdoor
Entertainment Events Ordinance is to provide a content neutral time, place and manner
permitting scheme, to'regulate the use of public property; to coordinate the multiple uses of
limited public space; and to prevent dangerous, unlawful or impermissible uses.
(c) Permit required. Any outdoor entertainment event held within the corporate limits
of the city, unless otherwise exempted herein, shall obtain a permit. All outdoor
entertainment events shall comply with the provisions of this article and with all terms,
conditions, and requirements endorsed upon the permit.
(d) Administrative policies and guidelines. The city manager shall be responsible for
establishing administrative policies and guidelines to implement this article in cooperation
with the building official, public works director, precinct commander, Cape Canaveral
City of Cape Canaveral
Ordinance No. 04-2010
Page 2 of I8
Volunteer Fire Department and any other city personnel deemed necessary by the city
manager.
Sec. 10-47. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant shall mean the individual or entity that makes application to the city to hold an
outdoor entertainment event. The applicant is responsible for compliance with terms and conditions
of this article.
Application shall mean the documentation submitted by the applicant to the event
coordinator, in conformance with this article, to request the issuance of an outdoor entertainment
event permit.
Application fee shall mean the non-refundable fee paid in connection with an application
made pursuant to this article.
Beer garden shall mean a specially designated area, shown on the event site plan, which is
intended to contain all sales and consumption of alcohol. The beer garden shall be surrounded by
perimeter fencing with controlled ingress and egress points for the purpose to verify people entering
the beer garden are of legal age to purchase and consume alcohol. Alcohol tickets may be sold and
purchased outside of the beer garden. All alcohol sold, purchased, consumed, and or transferred
during the event shall occur within the fenced beer garden perimeter.
City manager shall mean the city manager for the City of Cape Canaveral.
City organized events shall mean any outdoor entertainment event planned and conducted
by the city.
Day shall mean calendar days unless specifically provided otherwise herein.
Event coordinator shall mean the city staff person appointed by the city manager to
coordinate the permitting of outdoor entertainment events and to implement the permits approved
by the city manager in accordance with this article.
Extra personnel hours shall mean the total of all hours worked by city employees to
accomplish the necessary administrative, facility maintenance and service, security, sanitary, and
oversight components of the outdoor entertainment event, which is the subject of the application, to
the extent that such hours exceed the total number of hours which would have been worked by those
same city employees had the outdoor entertainment event not taken place. Excluded from this
definition are the personnel hours worked by the event coordinator and the personnel hours worked
by any person of the level of department manager/director or higher.
City of Cape Canaveral
Ordinance No. 04-2010
Page 3 of 18
Internal security plan shall mean a plan submitted by the applicant and approved, as
submitted or as modified thereafter, by the city manager, for the provision of security to public and
private property, performers, entertainers, exhibitors, speakers or other persons in the immediate area
central to the outdoor entertainment event, known as the outdoor entertainment event production
area. The term internal security plan does not apply to any plan for public safety personnel necessary
to provide for the protection of a outdoor entertainment event and its attendees from hostile members
of the public or counter -demonstrators.
Outdoor entertainment event shall mean any public celebration or gathering, conducted in
whole or in part in the open air, such as but not necessarily limited to athletic entertainments,
carnivals, dancing, concerts, block parties, dramatic productions, art exhibitions, parades or the sale
of merchandise, food or alcohol, or any combination of the foregoing, which:
(1) Involves the use of or impact to public property, as well as property dedicated
exclusively for public use;
(2) Where the nature of such outdoor entertainment event requires the erection of stages,
barricades, utility poles, booths, tents, or other temporary structures, or the use of
parked vehicles or of permanent structures; and
(3) Which of necessity requires, for the outdoor entertainment event's successful
execution, the provision and coordination of municipal services to a degree
significantly over and above that which the city routinely provides under ordinary
everyday circumstances.
Outdoor entertainment event permit shall mean a permit granting an applicant the authority
to hold an outdoor entertainment event.
Outdoor entertainment eventproduction area shall mean the area or areas, not necessarily
contiguous to each other, including and immediately surrounding the portion or portions of the
outdoor entertainment event location(s) which are central to the production of the event, including,
but not limited to, stages, barricades, utility poles, booths, tents, or other temporary or permanent
structures or parked vehicles erected or utilized by the applicant for the production of the event.
Permit fee shall mean the fee required to be paid pursuant to this article for the issuance of
a permit to hold an outdoor entertainment event.
Person shall mean any individual person, or any firm, partnership, association, corporation,
company, or organization of any kind, or any combination of such persons.
Precinct commander shall mean the precinct commander for the Brevard County Sheriff s
Office, Canaveral Precinct, or the precinct commander's designee.
City of Cape Canaveral
Ordinance No. 04-2010
Page 4 of 18
Public property shall mean any public street, right of way, sidewalk, park, place, property,
easement, structure or facility owned, dedicated, controlled or otherwise under the jurisdiction and
control of the city.
Sidelvalk shall mean any area or way set aside or open to the general public for purposes of
pedestrian traffic, whether or not it is paved.
Site Plan shall mean a graphic representation, drawn to scale, no greater than one inch to 50
feet, which clearly depicts the outdoor entertainment event production area, and which shall include,
at a minimum.:
(1) Site vicinity map;
(2) Property lines, paved areas, grass areas, sidewalks and streets;
(3) Existing structures with designated uses clearly identified;
(4) Proposed temporary structures and usage areas, including tents, fencing, gates,
concession areas, viewing stands, stages, temporary electrical poles, generators, fire
extinguishers, aid stations, connections to potable and waste water systems, restroom
facilities and dumpsters;
(5) Lighting plan, if proposed event is to occur during night-time hours;
(6) Total number of off site and on-site parking spaces and loading zones;
(7) Traffic flow diagram depicting proposed vehicle and pedestrian traffic flow and
ingress and egress routes;
(8) Location of any public address sound system; and
(9) Any provisions made for handicap access or special uses unique to the outdoor
entertainment event.
Street shall mean any place or way set aside or open to the general public for purposes of
vehicular traffic, including any curb, gutter or shoulder, parkway, right-of-way, or median strip
thereof.
Temporary structure shall mean sheds, booths, bleachers, canopies, tents, stages, scaffolding,
fences and other structures erected for temporary purposes during an outdoor entertainment event.
Vendor shall mean any person, corporation, entity or enterprise providing the sale of goods
or services for profit and/or the promotion, production, operation or management of any activities
related to an outdoor entertainment event.
City of Cape Canaveral
Ordinance No. 04-2010
Page 5 of 18
See. 10-48. Compliance with other laws.
The staging, promoting or conducting of an outdoor entertainment event shall be, in full and
complete compliance with this article, beverage laws and other laws, ordinances and regulations
applicable to the outdoor entertainment event.
Sec. 10-49. Local business tax receipt required.
It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment
event in the city without a valid local business tax receipt, as required by law.
Sec. 10-50. Penalties and enforcement.
(1) It shall be unlawful for any person to stage, present, conduct, or attempt to stage,
present, conduct an outdoor entertainment event without first having obtained an outdoor
entertainment event permit as provided in this article.
(2) It shall be unlawful for any person to participate in an outdoor entertainment event
for which an outdoor entertainment event permit has not been granted under this article.
(3) It shall be unlawful for any person to fail to comply with all directions and conditions
of the outdoor entertainment event permit issued pursuant to this article.
(4) The penalties for a violation of this article are set forth in section 1-15 of the City
Code. Nothing contained herein shall be construed as a limitation on the city's ability to seek
any other remedy provided by law.
Sees. 10-51-10-60. Reserved.
DIVISION 2. PERMIT
See. 10-61. Application.
(a) Application. Any person desiring to hold an outdoor entertainment event must
submit a completed outdoor entertainment event permit application to the event coordinator
no later than forty-five (45) days prior to the commencement of such event. The application
shall be trade on a form approved by the city manager and shall be accompanied by a non-
refundable application fee established by resolution of the city council. At a minimum, the
application shall contain the following information:
(1) Applicant's name and mailing address;
(2) Name and contact information of applicant's main point of contact during the
permitting process;
City of Cape Canaveral
Ordinance No. 04-2410
Page 6 of 18
(3) Name and contact information of applicant's main point of contact during the
outdoor entertainment event;
(4) Proposed date(s), time(s) and location(s) of outdoor entertainment event; and
(5) Description of proposed events and activities comprising the outdoor
entertainment event.
In addition to the information required upon the application, the applicant shall provide as
attachments to the application a site plan and an internal security plan.
(b) Application review; event planning meeting; review criteria.
(1) Upon receipt of the completed application and application fee, the event
coordinator shall forward copies of the application to the precinct commander, the
Cape Canaveral Volunteer Fire Department, the building department and public
works for review. Each department shall review the application, determine the
number of extra personnel hours estimated to be required from such department to
support the proposed outdoor entertainment event and provide preliminary written
comments regarding same, The comments shall be returned to the event coordinator
within ten (10) working days from receipt. The comments shall be retained with the
application file.
(2) Upon receipt of the department comments, the event coordinator shall
schedule an event planning meeting between the applicant, the event coordinator and
a representative from each the city departments providing comments. Ifthe applicant
will be designating an entertainment or safety coordinator for the outdoor
entertainment event, those designated individuals shall also attend the event planning
meeting. During the meeting, the site plan, internal security plan, department
comments and estimated extra personnel hours costs shall each be reviewed and
evaluated. The commenting departments shall finalize their comments and
recommended conditions on the application.
(3) Within five (5) days of the event planning meeting, the event coordinator
shall forward a recommendation of approval, denial, or approval with conditions to
the city manager. The city manager shall be charged with the responsibility and
authority to determine whether a particular applicant should be granted an outdoor
entertainment event permit in the time, manner and place proposed; whether
modifications in the outdoor entertainment event as to time, manner and place shall
be required according to criteria established by this section; or whether such permit
shall be denied altogether.
City of Cape Canaveral
Ordinance No. 04-2010
Page 7 of 18
(4) The event coordinator shall notify the applicant in writing of the city
manager's determination on the application within twenty (20) days of receipt of a
properly filed application.
(S) In determining whether to grant the particular permit in accordance with the
time, manner and place requested, whether to deny the permit as requested and
propose a modified time, manner and place, or whether to deny the permit altogether,
the city manager shall be guided by the following criteria:
a. No permit shall be denied nor shall the applicant for a permit be given
less favorable treatment as to time, manner, or place on account of any
message which may be conveyed at an outdoor entertainment event, or on
account of the identity or associational relationships of the applicant.
b. No permit shall be denied nor shall the applicant for a permit be given
less favorable treatment as to time, manner, or place on account of any
assumption or predictions as to the amount of hostility which may be aroused
in the public by the content of speech or message conveyed by the outdoor
entertainment event, provided that reasonable accommodation as to time,
manner, and place may be required in order for the city to provide the
resources necessary for law enforcement protection.
C. When there are competing applications which are substantially for the
same time and place, the earlier or earliest application to be received in a
substantially completed form accompanied by the requisite application fee
shall be given priority as to the time and place requested. Provided, however,
that city organized events on city property shall be given priority over
competing applications for the same time and place.
d. Except as provided otherwise in this article, under no circumstances
shall the city manager approve any permit which allows the applicant to limit
the use of public streets by pedestrians using the street to move from location
to location or to limit the use of the public parks when use of the park by the
general public shall not unreasonably disturb the activities of the outdoor
entertainment event. Nothing in this subsection shall be construed to prohibit
the imposition of reasonable restrictions on the movement of the general
public which are necessary for the carrying out of the outdoor entertainment
event.
e. Notwithstanding the foregoing, the city manager may deny a permit
to an applicant where:
City of Cape Canaveral
Ordinance No. 04-2010
Page 8 of 18
1, The applicant has previously made material
misrepresentations regarding the nature or scope of an outdoor
entertainment event or activity previously permitted;
2. The applicant has violated the terms of prior permits issued to
or on behalf of the applicant;
3. The application for an outdoor entertainment event permit
(including any required attachments and submissions) is not fully
completed and executed;
4. The applicant has not tendered the required application fee
with the application or has not submitted 14 days prior to the event
the payment of the permit fee, the cost of the estimated extra
personnel hours, or the clean-up and damage deposit or any other fee
imposed under this article;
5. The application for an outdoor entertainment event permit
contains a material falsehood or misrepresentation;
6. The applicant is legally incompetent to contract or to sue and
be sued;
7. The applicant or the person on whose behalf the application
for permit was made has on prior occasions damaged city property
and has not paid in full for such damage, or has other outstanding and
unpaid debts to the city;
8. A fully executed application for an outdoor entertainment
event permit for the same time and place has been previously
received, and a permit has been or will be granted to a prior applicant
authorizing uses or activities which do not reasonably permit multiple
occupancy of the particular city facility;
9. The use or activity intended by the applicant would conflict
with previously planned program(s) organized and conducted by the
city and previously scheduled for the same time and place;
10. The proposed use or activity is prohibited by or inconsistent
with the approved uses of the city facilities;
11. The use or activity intended by the applicant would present an
unreasonable danger to the health or safety of the applicant or other
users of the city's facilities, city employees or the public in general;
City of Cape Canaveral
ordinance No. 04-2010
Page 9 of 18
12. The applicant has not complied or cannot comply with
applicable license requirements, laws, ordinances or regulations ofthe
city, county or state concerning the sale or offering for sale of any
goods or services;
13. The use or activity intended by the applicant is prohibited by
federal, state or local statute, ordinance, or regulation;
14. A previous outdoor entertainment event held by the applicant
proved to be unprofessionally managed or organized; resulted in
violence or chaos; or otherwise threatened the general health, safety
or welfare of the public; or
15. A previous outdoor entertainment event held by the applicant
resulted in claims being filed against the city for damages or personal
injury as a result of actions or omissions of the applicant or a
contractor/vendor hired by the applicant.
(c) Permit approval, denial and approval with modifications.
(1) If the application is approved, the event coordinator, in consultation with the
commenting departments, shall implement any and all necessary restrictions or
conditions as to time, manner and place, to be observed in accordance with public
safety, environmental and administrative considerations. Provided, however, that
such considerations shall not include any consideration of the content of any speech
or message which may be conveyed by such outdoor entertainment event, nor by any
considerations concernint:pg the identity or associational relationships of the applicant,
nor to any assumptions or predictions as to the amount of hostility which may be
aroused in the public by the content of the speech or message conveyed by the
outdoor entertainment event.
(2) An applicant denied a permit to conduct an outdoor entertainment event, or
notified that the permit will be granted with modifications as to time, manner, or
place, or with restrictions or conditions, shall be notified in writing, stating in
specific terms the reasons for the denial or shall state clearly the terms of the
conditions, restrictions or modifications if not agreed upon by the applicant. The
notice shall also inform the applicant of the right of appeal as provided in this
section.
(3) Any aggrieved applicant shall have the right to a public hearing before the
city council, provided that the request for such hearing is made to the city manager
within five (5) days after the receipt of the notice. Notices which are given only by
mail shall be presumed to have been received three (3) days after the mailing.
Notices given iii person, hand -delivered to the address of the applicant or sent by
City of Cape Canaveral
Ordinance No. 04-2010
Page 10 of 18
facsimile transmission or e-mail shall be presumed to have been delivered on the date
given or sent.
(d) Hearings and appeals.
(1) Hearings contesting the denial of an outdoor entertainment event permit shall
be held as provided in this section and shall be scheduled within ten (10) business
days after receipt of the request for a hearing by the city manager. The hearing may
be continued at the request of the applicant to allow the attendance of any necessary
party or witness, but only from day to day. The determination of such hearing shall
be made at the conclusion of the hearing, and the city council shall issue a written
determination within one (1) business day thereafter, which determination shall
affirm or modify the decision of the city manager.
(2) The hearing under this section shall be de novo, and shall be informal. Such
hearing shall evaluate the city manager's decision and the application in accordance
with the criteria of this article.
(3) The written determination ofthe city council, as provided in this section, shall
be the final decision of the city in the matter.
Sec. 10-62. Alcohol sales and consumption.
(a) Should the outdoor entertainment event have sales, consumption, or transfer of
alcohol, the site plan shall indicate and show the location, size/area, containment/perimeter
fencing type, and ingress/egress points of the beer garden. In no case shall the beer garden
constitute an area greater than one-third (1/3) the area of the total event site plan. The
applicant shall provide information, as part of the application, how ingress into the beer
garden will be monitored to verify proof of legal age to purchase and consume alcohol.
(b) No glass or metal beverage containers may be sold to, provided for, or used by event
attendees for the purpose of beverage or food consumption. Souvenir glass and metal
containers by be sold but may not be used for consumption on the event site. All glass or
metal souvenir containers sold must be sealed and packaged while in the outdoor
entertainment events area.
(c) The city manager may exempt outdoor entertainment events from the beer garden
requirement provided the outdoor entertainment event meets the following special
conditions:
(1) The sale and consumption of alcoholic beverages is limited to beer and wine
and is licensed by the State of Florida;
City of Cape Canaveral
Ordinance No. 04-2010
Page 11 of 18
(2) The boundary of the area where beer and wine will be sold and consumed is
approved by the city manager in consideration of the public safety, health, and
welfare and the boundaries of said area are identified by existing natural (e.g. water
bodies) and manmade (e.g. roads, sidewalks) landmarks or manmade temporary
landmarks provided by the applicant specifically for the outdoor entertainment event
(e.g. temporary barriers and signage);
(3) During the outdoor entertainment event, the applicant shall be required to
implement a procedure for checking identification cards for purposes of verifying
that a person can lawfully buy and consume beer and wine. The sale and
consumption of beer and wine by minors and habitual drunkards shall be strictly
prohibited and controlled by the applicant;
(4) The applicant shall be required to issue wristbands to any person who desires
to lawfully buy and consume beer and wine at the outdoor entertainment event. The
wristband shall be a minimum of one-half (1/2) inches wide, be a bright and
conspicuous color, and be warn at all times during the event by the person buying
and consuming alcohol. It shall be unlawful for any person to consume beer and wine
at the outdoor entertainment event without wearing a wristband issued hereunder.
It shall also be unlawful for any person to transfer a wristband issued under this
subsection to any person who is a minor, habitual drunkard, or who has not been
screened by the applicant pursuant to subsection (3) above. The applicant shall be
required to post appropriate signage in conspicuous places around the event notifying
the patrons that it is unlawful to buy and consume beer and wine during the outdoor
entertainment event without wearing wristbands required hereunder and that it is also
unlawful to transfer said wristband to another person during the outdoor
entertainment event;
(5) The applicant shall be required to erect temporary signage that clearly
identifies where beer and wine may be sold and consumed during the outdoor
entertainment event;
(6) The sale or distribution of beer and wine to patrons shall cease at least 30
minutes prior to the end of the outdoor entertainment event.
See. 10-63. Insurance requirements.
(a) All outdoor entertainment events which will be held on public property shall furnish
a fully paid commercial general liability damage insurance policy. If alcohol is sold and/or
consumed upon public property, a liquor liability policy shall be required as well. Such
insurance policies shall be procured by the applicant from a company licensed to do business
in the state. These policies must protect the city, its officers; agents, attorneys, the outdoor
entertainment event and its contractors from any and all claims or damages to property and
or bodily injury which may result from or in connection with any of the operations carried
City of Cape Canaveral
Ordinance No. 04-2010
Page 12 of 18
on by the presenter of the event, list the city as an additional named insured, and provide for
no deductible. The event coordinator must receive a certificate of insurance no later than two
(2) weeks prior to the date of the outdoor entertainment event, and a copy of the policies
prior to the start of the event. The required coverage limits of insurance policies required by
this section shall be established by the city manager in an administrative policy taking into
consideration the proposed activities occurring as part ofthe outdoor entertainment event and
commensurate with the potential risk for damage to persons and property.
(b) The applicant shall also provide proof of worker's compensation insurance at the
limits provided by the Florida Statutes.
Sec. 10-64. Closure or gating of public property and streets.
(a) Streets may be closed, portions of streets and parks may be gated, and an admission
fee may be charged in connection with an outdoor entertainment event at the discretion of
the city council.
(b) In reviewing a request for closure of a street, gating of a park or the charging of an
admission fee for the outdoor entertainment event, due regard shall be given to public safety
and environmental effects of such closing, to ensure that all reasonable steps are taken to
minimize the adverse effect such closings may have upon the public.
(c) If an event is gated, no person shall be barred from entering the gated area on the
grounds of race, color, religion, gender, age, disability or national or ethnic origin.
(d) The city council has the full and sole authority to close any city street or roadway
and/or detour traffic due to a outdoor entertainment event.
(e) Barricades and temporary signage for approved street closures shall be provided by
the applicant. All barricades and temporary signage provided by the applicant shall be
approved by the precinct commander prior to the outdoor entertainment event. It shall be the
responsibility of the applicant, in coordination with the Sheriffs Department, to setup and
breakdown the barricades and temporary signs at the approved times, as set -forth upon the
permit.
See. 10-65. Other public gatherings.
Nothing in this article shall be construed to prevent members of the public from assembling
in the parks or streets for the purpose of making any speech or conveying any message to the public
or to the government without holding an outdoor entertainment event permit pursuant to this article.
Should any such persons wish to assemble for such purpose and should they not be holding an
outdoor entertainment event permit under this article, they shall not be prevented from doing so,
provided that they have complied with any other federal, state, or local law or ordinance, if there be
any, regulating such other event or gathering, and providing they are peaceable and not in violation
City of Cape Canaveral
ordinance No. 04-2010
Page 13 of 18
of any laws concerning the public order. Persons not holding such an outdoor entertainment event
permit under this article, however, will not be entitled to the benefits provided by this article,
including but not limited to, the right to erect stages, barricades, utility poles, booths, tents, or other
temporary structures or the use of parked vehicles or of permanent structures, or to the assistance of
city personnel in carrying out the event, unless otherwise authorized by some other law or ordinance.
Sec. 10-66. Clean-up and damage deposit.
Any person issued an outdoor entertainment permit shall be required to submit a clean-up
and damage deposit, in an amount established by resolution of the city council, to the city treasurer
to cover any expenses incurred by the city to clean-up any debris, paper, litter or trash left at the
conclusion of the outdoor entertainment event. The deposit shall be returned to the permittee upon
certification by the city manager that no additional clean-up is required as a result of the event and
that no damage to public property occurred as a result of the event. The city manager shall render
such certification approximately 24 hours following the scheduled conclusion of the event. Should
any permittee fail to sufficiently clean-up or repair damage within the 24-hour time period, the city
shall have the right to take such corrective action as it may deem necessary and to deduct the cost
of cleanup or repair from the amount of the deposit.
Sec. 10-67. Location of public parking; transportation services.
The applicant shall be responsible for submitting a parking plan depicting adequate public
parking and transportation services to the outdoor entertainment event staging area. The number of
parking spaces deemed adequate shall be established by the city manager in an administrative policy
taking into consideration the proposed size, scope and location of the outdoor entertainment event.
The applicant shall at all times ensure adequate access and parking for all security, fire protection
and emergency medical service vehicles in the immediate vicinity of the outdoor entertainment event
staging area.
See. 10-68. Turtle protection.
No permit shall be issued for an outdoor entertainment event located on the beach or in the
dune areas during turtle nesting season, which is between May I and October 31 each year.
Sec. 10-69. Temporary structures; integrity, height, location.
Permittees shall be responsible for permitting the erection of any temporary structures used
for the outdoor entertainment event and shall be responsible for their structural integrity. Temporary
structures shall be structurally sound based on the anticipated number of persons specified to use the
structure. The height of temporary structures shall not exceed thirty (30) feet above the existing
ground elevation. The location of all temporary structures shall be approved as part of the outdoor
entertainment event permit and shall not be located as to damage the environment. All temporary
structures shall be properly anchored against the possibility of strong weather conditions.
City of Cape Canaveral
Ordinance No. 04-2010
Page 14 of 18
Sec, 10-70. Vendors.
The location of any vendors providing goods or services in support of a permitted outdoor
entertainment event shall be depicted on the applicant's site plan. Permittees shall provide the events
coordinator with a complete list of all vendors participating in the outdoor entertainment event no
later than seven (7) days prior to the event. The city may require vendors to be registered with the
city in order to ensure vendors are properly licensed to conduct business in the City of Cape
Canaveral, in accordance with Florida law.
Sec. 10-71. Use of water craft.
(a) If a permitted outdoor entertainment event requires the use of water craft for
competition, servicing, maintenance, safety or any other reason, said water craft shall be
permitted in approved areas, as determined in the event planning meeting. Access areas to
waterway shall be established during the event planning meeting. Temporary buoys and
markers may be placed in the water with approval from the appropriate governing agency.
If the outdoor entertainment event involves water craft competition, waterborne rescue and
life-saving personnel and equipment, they shall be on -duty and prepared to act to protect
competitors and spectators during all competitions and practices. Appropriate locations for
work areas for water craft shall be designated and approved by the city as part of any permit
issued under this article.
(b) No vehicles, trailers or mobile equipment shall be permitted on the beach outside of
the approved designated areas. Loading and unloading of water craft from trailers, shall be
permitted only in designated locations, as determined in the planning meeting. No storage
of vehicles or trailers shall be permitted in such areas. No fueling, refueling or storage of
fuels shall be permitted on the beach.
(c) Vehicles used for transporting trailers on the beach shall be approved by the city.
Sec. 10-72. Metered parking.
If any outdoor entertainment requires the use of metered parking spaces or impacts an area
that will result in a loss of revenue from parking meters due to the outdoor entertainment event, the
applicant shall be responsible to reimburse the city for the amount of the lost revenue. Any costs
incurred under this section shall be determined during the event planning meeting and shall be due
to the city along with applicant's permit fee and costs for extra personnel hours. The formula for
determining the costs for the number of parking meters affected shall be the number of meters
occupied by the outdoor entertainment event multiplied by the number of hours per day the meters
are occupied, multiplied by the number of days affected, at the current rate per hour. Consideration
may be given to allowing the applicant use of the parking spaces covered by the meters, provided
public and emergency vehicle access is not affected.
AD
City of Cape Canaveral
Ordinance No. 04-2010
Page 15 of IS
See. 10-73. Fees and deposits.
Any applicant seeking to make application for and obtain an outdoor entertainment event
permit shall agree to accept conditions in accordance with this article and pay the prescribed fees,
as amended from time to time, and adopted by resolution of the city council.
(a) No later than 14 days prior to the each outdoor entertainment event being held,
applicants shall make full payment to the city for the permit fee, the cost of the estimated
extra personnel hours, the clean-up and damage deposit and any other fee authorized under
this article.
(b) To the extent that any outdoor entertainment event may require extra personnel hours
in excess of those endorsed upon the permit, the applicant shall be required to reimburse the
cost of such additional extra personnel hours, provided that the city manager, in order to
impose such additional amount, must mail or deliver an invoice for such additional amount
to the applicant no later than sixty (60) days after the date of the outdoor entertainment event.
(c) To the extent that any outdoor entertainment event required fewer extra personnel
hours than anticipated and endorsed upon the permit, the applicant may request a refund by
submitting such request in writing to the event coordinator within thirty (30) days of the
conclusion of the outdoor entertainment event. The event coordinator will provide a
recommendation regarding such request to the city manager within ten (10) days of receipt
of such request. The city manager may, in the city manager's sole discretion, authorize a
refund equivalent to the reduction in extra personnel hours required.
(d) No applicant for or recipient of an outdoor entertainment event permit shall be
required to provide for or pay for the cost of public safety personnel necessary to provide for
the protection of any outdoor entertainment event attendees from hostile members of the
public or counter -demonstrators, or for general law enforcement outside the vicinity of the
outdoor entertainment event. The holder of a permit shall be required, however, to provide
an internal security plan and shall be required to provide and pay for off-duty police officers
and private security guards in order to implement such plan. In determining: the adequacy
and appropriateness for any internal security plan, the city manager shall be guided solely by
considerations of the number of off-duty law enforcement and private security guards
necessary to provide for internal security for the outdoor entertainment event production area
and the control of traffic generated by the event, as indicated by experience with similar
events. To this end, the city manager may consider the advice and counsel of public safety
professionals and persons with expertise in handling or promoting similar events, including
but not limited to the event coordinator and the precinct commander.
In evaluating the internal security plan, the city manager shall not take into account the
message of the outdoor entertainment event, the content of any speech, the identity or
associational relationships of the applicant or any assumptions or predictions as to the
amount of hostility which may be aroused in the public by the content of speech or message
City of Cape Canaveral
Ordinance No. 04-2010
Page 16 of 18
conveyed by the event. The internal security plan shall specify that the number of off-duty
law enforcement officers hired by the applicant shall be the same or more than the number
of private security guards hired for such purpose. At the option of the applicant, the security
forces under the internal security plan maybe comprised entirely of off-duty law enforcement
officers.
See. 10-74. Other permits and licenses.
Nothing in this article should be construed as repealing other sections of this Code or other
laws or ordinances requiring separate applications for permits or licenses for specific portions of the
proposed outdoor entertainment event, such as but not limited to, building, electrical, plumbing or
related permits, licenses to sell and/or permit consumption of alcoholic beverages or permits to sell
and/or permit consumption in parks or on city streets. Those permits or licenses must be applied for
separately in accordance with the federal, state and local laws or ordinances specifically governing
such activity.
Sec. 10-75. Revocation of permits.
(a) The city manager shall have the authority to immediately revolve an outdoor
entertainment event permit issued under this article, as follows:
(1) Upon a violation by the permit holder or the permit holder's agents,
employees, or contractors, of any one or more of the conditions contained upon the
permit.
(2) When a bona fide public emergency arises where the law enforcement and
fire resources being utilized for a permitted outdoor entertainment event are
immediately required for that emergency to protect the health, welfare and safety of
persons or property.
(b) Notice of the revocation shall be given to the permit holder by the most practicable
and expeditious manner available under the circumstances.
See. 10-76. Emergency suspension or cancellation of permitted outdoor entertainment event.
Notwithstanding the issuance of an outdoor entertainment permit under this article, nothing
herein shall prohibit a duly authorized representative of the city from suspending or cancelling an
outdoor entertainment event because of adverse weather or any public emergency when such
suspension or cancellation is in furtherance of the health, safety and welfare of the public.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No. 04-2010
Page 17 of 18
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
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 affectinID
g the construction or
meaning of this ordinance and the City Code may be freely made.
Section d. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, 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 Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2010.
ATTEST:
MIA GOFORTH, Acting City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Ordinance No. 04-20 10
Pale 18 of 18
ARTICLE III. OUTDOOR ENTERTAINMENT" F-XHIBIT Page 1 of 4
p
A
ARTICLE Ill. OUTDOOR ENTERTAINMENT*
�*Cross references: Code enforcement, ch. 2, art. Vi; parks and recreation, ch. 54; sre'ts. sidewalks
analother public places, ch. 66; buildings and building regulations, ch. 82; zoning, ch..
DIVISION 1. GENERALLY
Sec. 10-46. Definitio
The following words terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section except where the context cleaXygrroups
dicates a different meaning:
Outdoor entertainment events means any gatheri;11
or persons for the purpose of
participating in, viewing, observing,, watching or listeningntertainment which consists of musical
renditions, sporting contests or events\rules
festivals or o er entertainment not conducted within a
completely enclosed structure.
(Ord. No. 23-92, § 1(729.01), 12-1-9
Cross references: Definitions and,cons#ruction generally, § 1-2.
Sec. 10-47. Compliance with other ia�vs.
The staging, promoting or confdEucting of an dutdoor entertainment event shall be in full and
complete compliance with all zoning/and land use laws\in subpart B of this Code, beverage license
laws and other laws, ordinances and regulations appliicable,to the city.
(Ord. No. 23-92, § 1(729.04), 1211-92)
Sec. 10-48. Penalties for violations.
(a) Any person who violates, disobeys, omits, neglects or refus . s to comply with or who resists
the enforcement of any of the sections of this article shall be puni ed as provided by section 1-
15.
(b) The 'ity council may revoke the special outdoor entertainment ermit granted and shall
immediately notify the business license official, as designated by the City manager, to revoke
any to al business tax receipt upon the occurrence of any violation of this a icle.
(Ord. No. 23-92, § 1(729.07), 12-1-92; Ord, No. 02-2007, § 4, 2-20-07; Ord. No. 0708, § 3, 7-1-08)
0-49. Local business tax receipt required.
It shall be unlawful for any person to stage, promote or conduct any outdoor er
nt in the city unless he shall have secured a local business tax receipt as provided for in
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ARTICLE III. OUTDOOR ENTERTAINMENT'S Page 2 of 4
f
88, which local business tax receipt shall be issued only after issuance of the special
entertainment permit by the city council. %
. No. 23-92, § 1(729.02), 12-1-92; Ord. No. 02-2007, § 4, 2-20-07)
references: Occupational license taxes, § 70-88.
Sec. W50. Exceptions.
The\city council shall have the right to waive the applicability and ecessity of any of the
sections of kis article to any outdoor entertainment event sponsored ] the recreational boards
established bj \the city or any outdoor entertainment event promoted/by a nonprofit organization,
association or group if such outdoor entertainment event of such organization, association or group has
been sanctioned or approved by the council. Such sanction and appr'val of an outdoor entertainment
event promoted by`.such organization, association or group shall based upon a sufficient showing
that the sections waived dealing with the health, safety and welfaf of those in attendance, as well as
the general public, have been otherwise provided for as require�t by the applicable standards set forth
in this article. \ //
(Ord. No. 23-92, § 1(729.08), 12-1-92)
Secs. 10-51--10-60.
DIVISION 2. PERMIT
Sec. 10-61. Required.
Any person desiring to stage, prorgc
corporate limits of the city shall first sec re a
(Ord. No. 23-92, § 1(729.03(A)), 12-1-92)
Sec. 10-62. Application.
r conduct any outdoor entertainment event within the
Tial entertainment permit from the city council.
An application for a spedial outdoor entertainment permit shall be submitted in writing to the city
council on forms provided for�t�is purpose at least 45 days in advance of the date of commencement of
the outdoor entertainment event for which the permit is requested, in order to permit the council to
evaluate the application in/en orderly and expeditious manner. The application shall contain the plans,
documents and informagon specified in this section. No permit shall'be issued by the council until
receipt and approval of 'll plans, documents and information and until th6:following minimum conditions
are met or such higher conditions as required by the council upon a review of any unique problems
contained in the plans, documents and information are met:
(1)/Adequate plans for site construction, sanitation facilities, sew�a�a disposal, garbage
and refuse disposal, drainage, floodlighting during darkness, insect and rodent control,
water supply and food service. For the purposes of evaluating such pla)ys, the standards
established by the rules of the state division of health in the sanitary code of the state
shall be considered as minimum requirements. For the purposes of this arttcle, part N,
chapter 10D-25, excluding sections 25.077, 25.078, 25.079, 25.080, of the Florida
Administrative Code and any succeeding rule, regulation or law shall be considered
specifically applicable to the operation of an outdoor entertainment event. In evaluating
the plans, the council shall also consider the applicability of F.S. ch. 386, part I, and Bch
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ARTICLE 111. OUTDOOR ENTERTAINMENT"
Page 3 of 4
other provisions of law, the sanitary code or local ordinances as it may deem necessary
in the interests of the public health and welfare.
(2) An adequate geographic description and scale map or plan of the fes v" al site
showing the location of all required facilities, including adequate traffic control and
parking facilities outside the performance area. Such plans shall provide fol/rat least one
parking space for every five patrons and for safe transportation of the patrons from the
parking area to the performance area. No motor vehicle shall be per itted outside the
designated parking area, except when necessary to ensure compliant with this article.
�3) An adequate plan for medical facilities. There shall be prouided one physician
licensed in this state on duty at all times for every 2,000 patrons one nurse licensed in
this vstate on duty at all times for every 1,000 patrons, one bed or cot for every 200
patrons, complete and sterile supply of medicines, bandages, medical compounds,
medical instruments, serums, tape and such other supplies as are necessary to treat
adverse,\drug reactions, cuts, bruises, abrasions, bites, fractures, infections and other
injuries commonly connected with such outdoor activities..
(4) An adequate plan for internal security, tra�9'c control, communications, fire
protection and emergency services, including ambulance service, in and around the
event area. Stich plan shall provide for at least/one person professionally trained in
security and traffic control on duty at all times,/for every 500 patrons, with no security
personnel working more than one eight-hour/shift in any 24-hour period. The plan shall
include a detailed description of the plan of security, traffic control, communications, fire
protection and emergency services, including ambulance service, to be used and how it
is to be implemented, �iid a detailed/background on the training and ability of the
personnel to be used in imp)ementing such plan.
(5) A full and complete disclosure /f I he financial backing of the outdoor entertainment
event, including the names of all�ersons with a direct or indirect financial interest in the
staging, promoting or conducting 'Ifuch event, whether such interest be by virtue of
ownership in any entity staging, promoting or conducting such event, status as an
employee of any person staging, promo ing or conducting such event or any involvement
by which such person stands to gain or lose, financially from such event.
(6) The names of all persons or groups who will perform at the outdoor entertainment
event and executed copies of all contracts or ai rgeements with such persons or groups.
(7) The names of all persons who will provide products, materials or services, other
than entertainment,%to or at the outdoor entertainment event and executed copies of all
contracts or agre �ients with such persons.
(8) The exac date and time of commencement and t e exact date and time of the
conclusion of a outdoor entertainment event. No event sh II begin before 10:00 a.m. or
end after 1Q/00 p.m.
(9) A wptten public liability insurance policy insuring the person staging, promoting or
conducing the outdoor entertainment event against any and a)tclaims and demands
made,, y any person for injuries received in connection with th staging, promoting,
conducting or attendance of or at the outdoor entertainment event, wry" ten within limits of
not/less than $300,000.00 damage or injury to any one person fo bodily injury or
otherwise, plus $25,000.00 damage to property, and for not less than 00,000.00 for
damages incurred or claimed by more than one person for bodily injury r otherwise,
plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with
adequate evidence that the premiums are paid.
(10) Such additional conditions, criteria or detailed specifications for the special
entertainment permit established by resolution of the city council as the council may
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ARTICLE 111. OUTDOOR ENTERTAINMENT*
Page 4 of 4
deem necessary to carry out the intent of this article for the protection of the public
health, morals, safety and general welfare, including insurance coverage in addition to
the amounts and types of coverage specified in subsection (9) of this section. j
No. 23-92, § 1(729.03(13)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94)
Sec.V 0-63. Fee.
T�e city council shall assess, upon the filing of the application for an outdoor entertainment
permit, a minimum nonrefundable fee per day established by resolution of t e city council and set forth
in appendix)3,to this Code.
(Ord. No. 23-92\,,§ 1(729.05), 12-1-92)
Sec. 10-64. Cash cle nup bond.
Any person holding \a special outdoor entertainment permit shall deposit with the city treasurer a
cash bond in the amount of $Q0.00. The cash bond shall be for the expense of cleaning up any debris,
paper, litter or trash left by the p rons at the outdoorl ntertainment event or by the holder of the permit
or his agents, employees or contactors. The cash bond shall be returned to the holder of the permit
upon certification by the city manager\\that all debris, paper, litter or trash has been removed from the
premises on which the outdoor enteWZmentfevent was held within 24 hours from the designated
conclusion time of the outdoor entertainm\ ent'event and that no damage has been done to the streets,
sewers, structures, trees and shrubbery ori/uch premises or the adjoining property. Upon failure of the
holder of the permit to complete such cleanu or repair such damage within the 24-hour time period,
the city shall have the right to forthwith/take su h corrective action as it may deem necessary and to
deduct the cost of cleanup or repair from the amou�it of the cash cleanup bond.
(Ord. No. 23-92, § 1(729.06), 12-1,92)
Secs. 10-65--10-85.
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 0211612010
Item No. _—
Subject: Stormwater System TV Monitoring/Cleaning
Department: Administration and Public Works
Summary: As a part of the budget process, the Public Works Department proposed a
project to assess the condition of the City's Stormwater System. The project was
proposed as a three year program to include the following scope of work:
• TV monitoring of the entire stormwater system (approx. 9.5 miles)
• Producing a video of the interior of all stormwater pipes, for future use
• Cleaning of lines with greater than 10% obstructions (i.e., clogged lines)
• Identifying potential concerns with the actual stormwater pipes (e.g., bad joints,
cracked pipes, etc.)
• Producing a list of locations that require future construction tasks to repair
problems at costs that are outside of the program.
There are several ways to accomplish an assessment of the City's Stormwater System
and philosophies differ depending upon on who you speak with.
Option 1, which strictly conforms to the original budget proposal, uses a professional
consultant with qualified staff who can complete the job in a timely manner. Based
upon a likely project scenario to be encountered within the stormwater system (table
attached), the lowest quote for the project was from Vac and Jet Services, LLC (VJS) of
Longwood. A summary sheet detailing the four contractor quotes is attached.
Furthermore, the VJS quote is based upon "piggybacking" off a contract they have with
the Reedy Creek Improvement District, which was signed November, 2009.
Option 2, which does not strictly conform to the original budget proposal, uses City
Staff, after they have received training from the City of Cocoa Beach, loaned equipment
from the City of Cocoa Beach and equipment co -owned with the City of Cocoa Beach.
The City of Cocoa Beach has offered to train City Staff and provide use of their older
vacuum truck. They have also proposed we split the purchase of a new camera which
is used to view conditions up to 250 feet into the stormwater lines from the manholes.
The entire system would not be looked at and areas needing to be repaired would be
decided based upon the amount of sand/dirt which is in the manholes or is removed
during the cleaning. Completing the assessment using this option has both positive and
negative aspects, which are outlined in an attachment.
This item is being placed before council in this way as staff feels strongly option 2 is not
the proper way to complete this task. Furthermore, we feel option 2 has more negative
consequences and increased liability. Lastly, after placing the item on the agenda to
approve option 1, the Acting City Manager was approached with concerns that Staff
was not doing all it could do to use the City's money wisely. Therefore, the Acting City
Manager believes it is best for Council to readdress this project and provide direction on
how you would like us to proceed.
City Council Meeting Date: 02/16/2010
Item No. Continued
Subject: Discussion Stormwater System TV MonitorlaglCleanIng Monitoring/CleaningContinued
Requested Council Action: Provide direction.
Possible motions:
Approve the piggybacking from the Reedy Creek Improvement District contract with Vac
and Jet Services, LLC in an amount not to exceed $100,000.00 for TV/Cleaning of the
Stormwater System.
Complete an assessment of the City's stormwater system using City Staff, loaned
equipment and equipment co -owned with the City of Cocoa Beach.
Financial Impact: If use of contractor is approved impact is: $100,000. Will be used
from 403-018-538-461000. If the Cocoa Beach proposal is accepted the same funding
of $900,000 would be used to pay City Staff and purchase equipment as outlined in the
proposal.
Attachments:
1) Probable Scenario (Quote summary sheet)
2) Vac and Jet Services Quote sheet
3) Services Agreement with Reedy Creek Improvement District.
4) List of Positive and Negative aspects of Option 2
Submitting Department Head: Date: 2
Approved by Acting City Manager: -�,z Dater?/y//o
City Council Action: j ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
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SINVICE85 tW
"Dependability is our promise"
October 30, 2009
City of Cape Canaveral, Public Works Department
Attn: Jeff Ratliff
P.O. Box 326
Cape Canaveral, FL 32920-0326
VIA FACSIlI41LE: 321-868-1233
Re: Storm System Cleaning and Video
Dear Mr. Ratliff:
Thank you for letting Vac and Jet Services quote the cleaning and video of the storm system for The City
of Cape Canaveral. This proposal will consist of the following:
Pipe Cleaning Price Per Foot:
Mobilization Fee: $600.00 if called out to clean less than 1,000 foot of pipe.
Pipe Size
Light Cleaning
0% - 15% Full)
Medium Cleaning
15% - 30% Full)
Heavy Cleaning
(Over 30% Full)
15"
$1.25
$1.75
$150.00 per hour
18"
$1.25
$2.00
$150.00 per hour
24"
$1.50
$2.25
$150.00 per hour
30"
$1.75
$2.50
$150.00 per hour
36"
$2.00
$3.40
$150.00 per hour
42"
$2.50
$5.00
$150.00 per hour
48"
$3.25
$6.25
$150.00 per hour
54"
$3.75
$7.25
$150.00 per hour
60"
$4.00
$8.25
$150.00 per hour
Catch Basins
See Note 1
See Note 1
See Note 1
Emergency Cleanin
$150.00 per hour
$150.00 pcr hour
$150.00 per hour
Note i.: Catch basins will be cleaned as part of line cleaning. However, if cleaned as a separate
item, fee will be $150.00 per hour.
Note 2: Prices do not include plugging or pumping down system. if plugs are required and the
system needs to be pumped down, additional fees will be incurred.
Disposal fee: No Disposal fee will be charge, debris to be dumped at City site.
24 HOUR EMERGENCY RESPONSE
407-832-9586
P. O. Box 520986 Longwood, FL 32752-0986 (407) 260-0255 Office (407) 260-0472 Fax
Video Price per foot: All pipe sizes will be videoed for $0.75 per foot
Mobilization Fee: $600.00 if called out to video less than 1,000 foot of pipe.
Additional Items: Any additional item added beyond work above will be an additional charge. The
following items must be provided by the City of Cape Canaveral at no charge to Vac and Jet Services,
LLC.
1. Suitable access to site.
2. Any necessary licenses and/or permits.
3. Trak control if necessary.
4. Water via standard fire hydrant with meter, if necessary.
5. Dump site for debris/water, if necessary.
6. Dewatering/bypass pumping, if necessary.
I look forward to hearing from you so we can move ahead with this project.
Regards,
Stephen Pash
Area Manager
Cell (407) 832-9586
Email: vacandset3@earthlink.net
AUTHORIZATION TO BEGIN WORK:
SIGN:
PURCHASE ORDER:
PRINT:
DATE:
24 HOUR EMERGENCY RESPONSE
407-832-9586
P. O. Bog 520986 Longwood, FL 32752-0986 (407) 260-0255 Office (407) 260-0472 Fax
Dec 10 OS 03:38p Vac and Jet Services LLC 4072500472 p.2
Project: Vactor Truck Service Agreement No. COD 1792
SERVICES AGREE
THIS AGREEMENT, is made effective as of November 30, 2009 by and between Reedy Creek
Improvement District (herein referred to as the ("Owner"), whose mailing address is P.O. Box 10170, Lake Buena
`lista, FL 32830-0170, and Yae And Jet Services, LLC, (herein referred to as the "Contractor"), whose mailing
address is P.O. Box 520986, Longwood, FL. 32752
WITNESSETH
WHEREAS, Owner desires to employ the services of Contractor for a period beginning November 30,
2009 and ending September 30, 2010, or as otherwise modified as set forth in this Agreement, to perform the
hereinafter described Services, and Contractor desires to be so employed. The Agreement will be extended for
successive one-year periods for two additional years unless either party provides written notice at least sixty (60)
days in advance of the expiration date.
NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations contained
in this Agreement, the patties agree as follows:
1. DEFCNITIONS.
a. Agreement. The Agreement consists of this Services Agreement, the Scope of Services,
the Special Contract Conditions, the form of Changed Service Authorization, the form of General Release, and all
other documents enumerated on the List of Exhibits set forth below. The Agreement represents the entire and
integrated Agreement between the parties hereto and supersedes all prior negotiations, representations or agreements,
either written or oral. The Agreement may be amended or modified only as set forth below in Article 6.
b. Services. The term "Services" as used in this Agreement shall be construed to include all
Services set forth in Exhibit A, all obligations of Contractor under this Agreement and where any Changed Service
Authorizations have been issued pursuant to Article 6 of this Agreement, the changed Services set forth therein -
2, SCOPE OF SERVICES.
a. A description of the nature, scope and schedule of Services to be performed by Contractor
under this Agreement in accordance with the following hist of Exhibits:
Exhibit A, Scope of Services, I page
ii. Exhibit B, Special Contract Conditions, 2 pages
Exhibit C, Changed Service Authorization form, 1 page
iv. Exhibit D, General Release form, I page
3. BASIS FOR COMPENSATION AND PAYMENTS.
a. Owner shall pay to Contractor, for its Basic Services and in consideration of the terms
and conditions of this Agreement, a fee for time reasonably and properly incurred by Contractor in performance of
its Basic Services based upon the hourly rates shown on the attached Rate Schedule incorporated herein by
reference. However, in no event shall the fee exceed Five Thousand And 00/100 Dollars (55,000.00).
b. Contractor shall invoice Owner, in the form required by Owner, on the first day of each
calendar month for Basic Services rendered during the preceding month.
May, 1991, ed,
Dec 10 09 03;3ep Vac and Jet Services LLC 4072600472 p.3
Services Agreement
Page 2
C. Contractor shall provide any and all backup required by Owner in connection with time
spent.
d. Owner shalt pay each invoiced amount (or uncontested portion thereof) on or about the
thirtieth day following receipt of each invoice.
e. All invoices should reference the contract number and be submitted to the following
address:
Reedy Creek Improvement District — Utilities Division
Attention; Ms. Ginger Toombs
Post Office Box 10175
Lake Buena Vista, FL 32830-0175
L Contractor shall be compensated for any Additional Services based upon the Rate
Schedule; such amounts to be invoiced and paid in accordance with the terms of Paragraphs b, c, and d herein;
provided, however, that Contractor shall not be entitled to compensation for Additional Services unless Contractor
has obtained prior written authorization of Owner to perform the same.
h. Owner retains the right to reduce any portion of Contractor's Services at any time.
4. REPRESENTATIOS. WARRANTIES AND COVENANTS. Contractor hereby represents to
Owner that: (a) it has the experience and shill to perform the Services as set forth in this Agreement; (b) that it shall
comply with all applicable federal, state, and local laws, rules, codes, and orders of any public, quasi public or other
government authority; (c) it is duly licensed to observe and perform the terms, covenants, conditions and other
provisions on its part to be observed or performed under this Agreement; (d) it has by careful examination satisfied
itself as to: (i) the nature, location and character of the general area in which the Services are to be performed
including, without limitation, the surface conditions of the land and all structures and obstructions thereon, both
natural and manmade, the surface water conditions of the general area and, to the extent pertinent, all other
conditions; and (ii) all other matters or things which could in any manner affect the performance of the Services.
5. INSURANCE: INDENMIFICATION.
a. Contractor shall, throughout the performance of its Services pursuant to this Agreement,
maintain:
(i) Occurrence basis comprehensive general liability irmrance (including broad
form contractual coverage) and automobile liability insurance, with minimum limits of $2,000,000, respectively,
combined single limit per occurrence, protecting it and Owner from claims for bodily injury (including death) and
property damage which may arise from or in connection with the performance of Contractor's Services under this
Agreement or from or out of any act or omission of Contractor, its officers, directors, agents, and employees; and
(ii) Workers' compensation insurance as required by applicable law (or employer's
Iiability insurance with respect to any employee not covered by workers' compensation) with minimum limits of One
Hundred Thousand Dollars (5100,000) per occurrence.
b. All such insurance required in Paragraph a. shall be in companies and on forms
acceptable to Owner and shall provide that the coverage thereunder may not be reduced or canceled unless thirty
(30) days prior written notice thereof is furnished to Owner. Certificates of insurance (and copies of all policies, if
required by the Owner) shall be furnished to the Owner and shall include Owner, its supervisors, officers and
employees, agents, and assigns and Owner's Representative and its parents affiliated and related companies, officers,
directors, employees, agents and assigns of each as additional insureds and shall contain a waiver of subrogation.
(The additional insured requirement applies to all coverages except Workers' Compensation and Employers
Dec 10 09 03:39p Vac and Jet Services I_.LC 4072600472 p.4
Services Agreement
Page 3
Liability. The waiver of subrogation requirement applies to all coverages). In the event of any cancellation or
reduction of coverage, the Contractor shall obtain substitute coverage as required under this Agreement, without any
lapse of coverage to Owner whatsoever.
c. Contractor shall defend (if requested by Owner), indemnify and hold Owner, its related
and affiliated companies, and the officers, supervisors, directors, agents, employees and assigns of each, harmless
from and against any and all claims, demands, suits, judgments, losses, or expenses of any nature whatsoever
(including attorneys' fees) arising directly or indirectly from or out of. any act or amission of Contractor, its officers,
directors, agents or employees; any breach of Contractor's representations as set forth in this Agreement; or any
other failure of Contractor to comply with the obligations on its part to be performed under this Agreement. The
provisions of this paragraph shall survive the expiration or earlier termination of this Agreement.
6. MODIFICATIONS ADDITIONS OR DE=OXS TO THE SERVICES.
a. A Changed Service Authorization shall be a writing by the Owner, in the form and
manner attached to this Agreement as Exhibit C, which shall consist of additioos, deletions, or other modifications to
the Agreement.
b. The Owner may, from time to time, without affecting the validity of the Agreement, or
any term or condition thereof, issue Changed Service Authorizations which may identify additional or revised Scope
of Services, or other written instructions and orders, which shall be governed by the provisions of the Agreement.
The Contractor shall comply with all such orders and instructions issued by the Owner. Upon receipt of any such
Changed Service Authorization, the Contractor shall promptly proceed with the Changed Service Authorization, and
the resultant decrease or increase in the amount to be paid the Contractor, if any, shall be governed by the provisions
of Article 3 in this Agreement.
7. •PROTECTION OF PERSONS AND PROPERTY.
a. The Contractor shall be responsible for initiating, maintaining and supervising safety
precautions and programs in connection with the Services, and shall provide all protection to prevent injury to all
persons involved in any way in the Services and all other persons, including, without limitation, the employees,
agents, guests, visitors, invitees and licensees of the Owner who may visit or be. affected thereby.
b. All Services, whether performed by the Contractor, its Subcontractors, or anyone directly
or indirectly employed by any of them, and all applicable equipment, machinery, materials, tools and like items used
in the Services, shall be in compliance with, and conform to: (a) all applicable laws, ordinances, rules, regulations
and orders of any public, quasi -public or other governmental authority; and (b) all codes, rules, regulations and
requirements of the Owner and its insurance carriers relating thereto. In the event of conflicting requirements, the
more stringent shall govern.
c. The Contractor shall at all times keep the general area in which the Services are to be
performed clean and free from accumulation of waste materials or rubbish (including, without limitation, hazardous
waste), caused by performance of the Services, and shall continuously throughout performance of the Services
remove and dispose of all such materials. The Owner may require the Contractor to comply with such standards,
means and methods of cleanup, removal or disposal as the Owner may make known to the Contractor. In the event
the Contractor fails to keep the general area in which the Services are to be performed clean and free from such
waste or rubbish, or to comply with such standards, means and methods, the Owner may take such action and offset
any and all costs or expenses of whatever nature paid or incurred by the Owner in undertaking such action against
any sums then or thereafter due to the Contractor.
8. BOOKS AND RECQRLS. Contractor shall maintain comprehensive books and records relating to
any Services performed under this Agreement, which shall be retained by Contractor for a period of at least four (4)
Lied 10 03 03:33p Vac and .let Services LLC 4072600472 p.5
Services Agreement
Page 4
years from and after the completion of such Services. Owner, or its authorized representatives, shall have the right to
audit such books and records at all reasonable times upon prior notice to Contractor. The provisions of this
paragraph shall survive the expiration or early termination of this Agreement.
9. PROMOTIONICONFIDENTIAMY. The Contractor, by virtue of this Agreement, shall acquire
no right to use, and shall not use, the name of the Owner or the Owner's Representative (either alone or in
conjunction with or as a part of any other word, mark or name) or any marks, fanciful characters or designs of either
of them or any related, affiliated or subsidiary companies: in any advertising, publicity or promotion; to express or
imply any endorsement of the Contractor's Work or services; or in any other manner whatsoever (whether or not
similar to the uses hereinabove specifically prohibited). Contractor may, during the course of its engagement
hereunder, have access to and acquire knowledge regarding plans, concepts, designs, materials, data, systems and
other information of or with respect to Owner or Owner's Representative, or any subsidiaries or affiliated companies
thereof, which may not be accessible or known to the general public (" Confidential Information"). Confidential
Information that is specific as to techniques, equipment, processes, products, concepts or designs, etc. shall not be
deemed to be within the knowledge of the general public merely because it is embraced by general disclosures in the
public domain. Any knowledge acquired by Contractor from such Confidential Information or otherwise through its
engagement hereunder shall not be used, published or divulged by Contractor to any other person, firm or
corporation, or used in any advertising or promotion regarding Contractor or its services, or in any other maturer or
connection whatsoever without first having obtained the written permission of Owner, which permission Owner may
withhold in its sole discretion. Contractor specifically agrees that the foregoing confidentiality obligation applies to,
but is not limited to, any information disclosed to Contractor in any document provided to Contractor pursuant to or
in connection with this Agreement, including but not limited to, a Request for proposal, Request for Estimate,
Request for Quotation or Cavitation to Bid, except to the extent Contractor must disclose such information to compile
and prepare its proposed price for work or services performed hereunder. The provisions of this Article shall survive
the expiration or earlier termination of this Agreement.
10. ASSIGNMENT. This Agreement is for the personal services of Contractor and may not be
assigned by Contractor in any fashion, whether by operation of law, or by conveyance of any type including, without
limitation, transfer of stock in Contractor, without the prior written consent of Owner, which consent Owner may
withhold in its sole discretion. Owner retains the right to assign all or any portion of this Agreement at any time.
Upon such assignment, and provided the Assignee shall, in writing, assume Owner's obligations under this
Agrecmcnt, Owner shall be automatically released and discharged from any and all of its obligations under this
Agreement, and Contractor shall thenceforth look solely to the Assignee for performance of Owner's obligations
under this Agreement.
11. SUSPENSION OR TERMINATION. Anything in this Agreement to the contrary
notwithstanding, Owner shall, in its sole discretion and with or without cause, have the right to suspend or terminate
this Agreement upon seven (7) days prior written notice to Contractor. In, the event of termination, Owner's sole
obligation and liability to Contractor, if any, shall be to pay to Contractor that portion of the fee earned by it, plus
any earned amounts for extra Services performed pursuant to Articles 3 and 6, through the date of termination.
12. SUBCONTRACTORS. If the Contractor desires to employ Subcontractors in connection with the
performance of its Services under this Agreement:
a. Nothing contained in the Agreement shall create any contractual relationship between the
Owner and any Subcontractor. However; it is acknowledged that the Owner is an intended third -party beneficiary of
the obligations of the Subcontractors related to the Services,
b. Contractor shall coordinate the services of any Subcontractors, and remain fully
responsible under the terms of this Agreement, Contractor shall be and remain responsible for the quality, timeliness
and the coordination of all Services fiunished by the Contractor or its Subcontractors.
e. All subcontracts shall be in writing. Each subcontract shall contain a reference to this
Agreement and shall incorporate the terms and conditions of this Agreement to the full extent applicable to the
-Deb 1.0 OS 03:39p Vac and Jet Services LLC 4072600472 P.6
Services Agreement
Page 5
portion of the Services covered thereby. Each Subcontractor must agree, for the benefit of the Owner, to be bound
by such terms and conditions to the full extent applicable to its portion of the Services.
13. NOTICE.
a. Notices required or permitted to be given under this Agreement shall be in writing, may
be delivered personally or by mail, telex, facsimile, cable, or courier service, and shall be deemed given when
received by the addressee. Notices shall be addressed as follows:
If to Owner: Reedy Creek Improvement District
Post Office Box 10170
Lake Buena Vista, FL 32830-0170
Attention: Brace D. Jones, Manager Support Services
If to Contractor: Vac And Jet Services, LLC
P.O. Box 520986
Longwood,FL 32752
or to such other address as either party may direct by notice given to the other as hereinabove provided.
b.. Notwithstanding the foregoing, any notice sent to the last designated address of the party
to whom a notice may be or is required to be delivered under this Agreement shall not be deemed ineffective if actual
delivery cannot be made due to a change of address of the party to whom the notice is directed or the failure or
refusal of such party to accept delivery of the notice.
14. OWNERSHIP OF WORK PRODUCT
a. All drawings, data, ideas, concepts, molds, models, tooling, improvements, inventions, or
other tangible or intangible work product in whole or in part conceived, produced, commissioned or acquired by
Contractor hereunder ('Work Produce') shall be and remain the sole and exclusive property of Owner when
produced, whether or not fused in a tangible medium of expression, except that Contractor may retain copies of such
Work Product for its permanent reference, but shall not use such copies in any manner whatsoever without the
express written consent of Owner and shall keep same confidential in accordance with the requirements of Article 9
entitled Promotion/Confidentiality. In the event of early termination of this Contract, in whole or in part, Contractor
sball deliver to Owner all Work Product whether complete or not.
b. Without limiting the forgoing, Contractor agrees that any and all Work Product shall be
deemed to be "works made for hire" for Owner as the author, creator, or inventor upon creation; provided, however,
that in the event and to the extent that such Work Product is determined not to constitute "works made for hire" as a
matter of law, Contractor hereby irrevocably assigns and transfers such property, and all right, title and interest
therein, whether now known or hereafter existing including, but not limited to, patents and copyrights, to Owner and
its successors and assigns. Contractor grants to Owner all rights including, without limitation, reproduction,
.manufacturing and moral rights, throughout the universe in perpetuity and in all languages and in any and all media
whether now or hereafter known, with respect to such Work Product. Contractor acknowledges that Owner is the
motivating force and factor, and for purposes of copyright or patent, has the right to such copyrightable or patentable
Work Product produced by Contractor under this Contract. Contractor agrees'to execute any and all documents and
do such other acts as requested by Owner to further evidence any of the transfers, assignments and exploitation rights
provided for herein.
15. LEGAL PROCEEDINGS.
(a) The Contract Documents shall be construed and interpreted in accordance with the laws of
the State of Florida, to the exclusion of its rules concerning conflicts of laws, and shall constitute the entire and sole
-Dec 1.0 OS 03.38p Vac and Jet Services LLC 4072600472 p.7
Services Agreement
Page 6
understanding of the parties hereto notwithstanding any prior oral or written statements, instructions, agreement,,
representations, or other communications.
(b) Any legal proceeding of any nature brought by either party against the other to enforce
any right or obligation under this Agreement, or arising out of any matter pertaining to this Agreement, the Contract
Documents or the Work to be performed hereunder (a `Troceeding"), shall be submitted for trial, without jury, solely
and exclusively before the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, provided,
however, that if such Circuit Court does not have jurisdiction, then such Proceeding shall be so submitted solely and
exclusively before the United States District Court for the Middle District of Florida (Orlando Division); and
provided fiuther that if neither of such courts shall have jurisdiction, then such Proceeding shall be so submitted
solely and exclusively before any other court sitting in Orange County, Florida, having jurisdiction. The parties (i)
expressly waive the right to a jury trial, (ii) consent and submit to the sole and exclusive jurisdiction of the requisite
court as provided herein and (iii) agree to accept service of process outside the State of Florida in any matter related
to a Proceeding in accordance with the applicable rules of civil procedure.
(c) In the event that any provision of any of the Contract Documents is judicially construed to
be invalid by a court of competent jurisdiction, such provision shall then be construed in a manner allowing its
validity or, if this leads to an impracticable result, shall be stricken but, in either event, all other provisions of the
Contract Documents shall remain in full force and effect.
M. MISCELLANEOUS PROVISIONS.
a. Any failure by Owner to require. strict compliance with any provision of this Agreement
shall not be construed as a waiver of such provision, and Owner may subsequently require strict compliance at any
time, notwithstanding any prior failure to do so.
b. The acceptance of final payment under this Agreement, or the acceptance of final
payment upon early termination hereof, shall constitute a full and complete release of Owner by Contractor from any
and all claims, demands and causes of action whatsoever which Contractor may have against Owner in any way
related to the subject matter of this Agreement and Contractor shall as a condition precedent to receipt of final
payment from Owner, submit to the Owner a fully and properly executed General Release, in the form attached to
this Agreement. Neither the Owner's review, approval or acceptance of, nor payment for, any of the Services
required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement, and Contractor shall be and remain liable to Owner
in accordance with law for all damages to Owner caused by the Contractor's perforce of any of the Services
furnished pursuant to this Agreement.
C. It is understood and agreed that Contractor is acting as an independent contractor in the
performance of its Services hereunder, and nothing contained in this Agreement shall be deemed to create an agency
relationship between Owner and Contractor.
d. The rights and remedies of Owner provided for under this Agreement are cumulative and
are in addition to any other rights and remedies provided by law.
17. THE OWNER'S REPRESENTATIVES
a. Reedy Creek Energy Services, whose designated representative is Ginger Toombs, and
whose mailing address is P.O. Box 10000, Lake Buena Vista, FL 32830, shall act as the Ownees authorized
representative (herein referred to as the "Owner's Representative"); provided, however, that the Owner may, without
liability to the Contractor, unilaterally amend this Article from time to time by designating a different person or
organization to act as its representative and so advising the Contractor in writing, at which time the person or
organization so designated shall be the Owner's Representative for purposes of this Agreement. Except as otherwise
provided in this Agreement, and until the Contractor is notified in writing to the contrary, all actions to be taken by,
all approvals, notices, consent, directions and instructions to be given by, all notices and other ,matters to be
delivered to, all determinations and decisions to be made by and, in general, all other action to be taken by, or givers
-Dec 1.0 09 03:40p Vac and Jet Services LLC 4072600472 p.8
Services Agreement
Page 7
to, the Owner shall be taken, given and made by, or delivered or given to, the Owner's Representative in the name of
and on behalf of the Owner, provided, however, that the Owner (and not the Owner's Representative) shall be solely
obligated to the Contractor for all sums required to be paid by the Owner to the Contractor hereunder.
b. Nothing contained in this Agreement shall create any contractual relationship between the
Contractor and the Owner's Representative, provided, however, that the Owner's Representative shall be deemed to
be a third party beneficiary of those obligations of the Contractor to the Owner as imposed by this Agreement.
1N WITNESS WHEREOF, the parties have caused this Agreement to be duly executed effective as of the
day and year first above written.
ALjy -t
REEDY CRIE EK IMPROVEMENT DISTRICT
Authorized
Signature:
Print Name: Brace D. Jones
Title: _ Manager Support Services
Date: �d
CONTRACTOR
YAC AND JET SERVICES, LLC
Authorized
Signator.
Date: _1
•Dec 1.0 09 03:40p Vac and Jet Services LLC 4072600472 p,9
Exhibit A
Scope of Services
Contract No. C001792
Contractor shall provide all labor, material, equipment, supervision, transportation, tools, and all other things
necessary to perform vac truck services to clean lift stations, sanitary lines, and storm lines as requested by the
Owner.
All debris will be deposited at Owner's site.
Rate Schedule
$165 /.hour with a 3 -hour minimum (4 hour minimum afler 5 p.m., weekends, and holidays.
End of Exhibit A
May, 1991, ed,
-D6c 10 09 03:40p Vac and Jet Services LLC 4072600472 P.10
Exhibit B
S ecial Contract Conditions
Contract No. C001792
I. CONTRACTOR PARKING AND ACCESS
All workers shall park in the area designated by the Owners Representative. Transportation for workers to the Job
Site shall be the Contractors responsibility. Contractor shall comply with all access requirements for workers and
vehicles as designated by the Owner's Representative.
II. BREAK AREAS
Break areas shall be in the immediate Job Site area and shall be in an area not used by the public.
Ill. SPECIAL PRECAUTIONS
The Contractor is cautioned that due to the special location of the Project (within, adjacent to or near an operating
resort and theme park complex), the Contractor is required to take special precautions so that the use of the resort
and theme park facilities by its guests or employees will not be impacted. The Contractor shall insure that such
guests and employees will not be subjected to dangerous, noxious or offensive construction activities.
IV. INTENTIONALLY DELETED
V. ASBESTOS/CADMIUM OR LEAD/CFC's
A. ASBESTOS
Contractor acknowledges that it has been made aware that Asbestos -Containing Materials (ACM) and/or
Presumed Asbestos -Containing Materials (PALM), including without limitation, thermal system insulation,
and sprayed on or troweled on surfacing material that is presumed to contain asbestos, exists or may exist at
the Job Site and that Contractor may be performing Work or services in or near areas that contain ACM
and/or PACM as specified in the Contract Documents. Contractor takes full and complete responsibility for
communicating existing conditions to all subcontractors and employees thereof in accordance with the
Occupational Safety and Health Administration Hazard Communication Standard 29 CFR Part 1926.59.
The Owner and Contractor agree that the quantities of ACM and/or PACM referred to in the Contract
Documents are approximate and are enumerated for the sole purpose of providing notification pursuant to
the Occupational Safety and Health Administration Asbestos Standards, 29 CFR Parts I910, 1915, and
1926.
B. CADMIUM and/or LEAD
Contractor acknowledges that it has been made aware that cadmium and/or lead exists, or may exist, at the
Job Site and that Contractor may be performing Work or services in or near areas that contain cadmium
and/or lead as specified in the Contract Documents. Contractor takes full and complete responsibility for
communicating existing conditions to all subcontractors and employees thereof in accordance with the
Occupational Safety and Health Administration Hazard Communication Standard 29 GFR Part 1926.59.
The Owner and Contractor agree that the cadmium and/or lead referred to in the Contract Documents are
described for the sole purpose of providing notification pursuant to the Occupational Safety and Health
Administration Cadmium Standard 29 CFR 1926.63 and/or Lead Standard 29 CFR 1926.62.
C. CHLOROFLUOROCARBONS (CFCs)
Contractor acknowledges that it has been made aware that chlorofluorocarbons (CFCs) exist, or may exist at
the Job Site and that Contractor may be performing Work or services in or am areas that contain CFCs as
specified in the Contract Documents. Should the Contractor's work result in (i) any loss or release of CFCs
from any source, including any equipment or containers, or (ii) any addition by Contractor of CFCs to any
equipment or container, then Contractor shall provide all necessary documentation concerning such loss,
-1-
-Deb 10 09 09.41p Vac and Jet Services LLC 4072600472 p.11
release or addition, including the quantities of CFCs affected, to the Owner. The Owner and Contractor
agree that the quantities of CFCs referred to in the Contract Documents are approximate and are
enumerated for the sole purpose of providing notification to the Contractor.
D. USE OF ASBESTOS/LEADICADMIUM CONTAINING MATERIALS
Contractor shall not utilize or install any asbestos, lead, or cadmium containing products on the Owner's
property or within the scope of Work or services contemplated by this Agreement. It is the responsibility of
the Contractor to obtain appropriate Material Safety Data Sheets for all materials to be used, and verify that
the products do not contain asbestos, lead or cadmium. This requirement extends to any materials that may
be specified in the Contract Documents. Specification of a particular material by the Owner in the Contract
Documents does not relieve the Contractor from its responsibility to verify that the specified material does
not contain asbestos, lead or cadmium. If a specified material does contain asbestos, lead or cadmium, then
Contractor shall notify Owner immediately, and submit a proposed alternate material to be used in lieu of
the specified material. Contractor shall submit Material Safety Data Sheets for all installed products, as part
of the As -Built package. If Contractor installs any product containing asbestos, lead or cadmium, without
previously obtaining the written consent of the Owner, Contractor shall be responsible for all costs
associated with removal of the asbestos, lead, or cadmium containing material.
Vl. CONFINED SPACES
Contractor acknowledges that it has been made aware that permit required confined spaces exist or may exist at the
Job Site and that Contractor may be performing Work or services in or near permit -required confined spaces as
specified in the Contract Documents. The Contractor shall fully comply with the requirements of 29 CFR Part
1910.146 in connection with all Work in permit -required confined spaces. Entry into such permit -required confined
spaces is permitted only through compliance with a permit space program meeting the requirements of 29 CFR Part
1910.146. The Contractor shall submit its permit space program to the Owner's Representative prior to carrying out
any such Work. The Contractor shall obtains from the Owner's Representative the following information: (i) the
elements that make the space in question a permit -required confined space, including the hazards identified and the
Owner's experience with the space, (ii) any precautions or procedures that the Owner has implemented for the
protection of employees in or near permit spaces where the Contractor's personnel will be working. The Contractor
shall coordinate entry operations with the Owner's Representative, when both the Owner's personnel and the
Contractor's personnel will be working in or near permit spaces. The Contractor shall inform the Owner's
Representative at the conclusion of the entry operations regarding the permit space program followed and regarding
any hazards confronted or created in permit spaces during entry operations. The Contractor takes full and complete
responsibility for communicating existing conditions to all subcontractors and employees thereof.
VII. HAZARDOUS AND CHEMICAL WASTE DISPOSAL.
All hazardous, regulated, universal and chemical wastes generated by the Contractor during the performance of the
Work shall be managed in accordance with applicable federal, state and local law and regulations, including but not
limited to Title 40 CFR Subchapter 1, Parrs 260 through 265, 273, 279, 302; Title 49 CFR Chapter I, Subchapter A
and Rule 62-730 of the Florida Administrative Code as applicable to "Large Quantity Generators of Hazardous
Wastes". Packaging, labeling, storage and disposal of such wastes shall also comply with Owner's policies, which
are available from Owner's Representative. Such wastes must be properly placed in U.S. Department of
Transportation approved packaging, with appropriate markings at the time of generation. Packages containing such
wastes must be labeled to identify the contents, date of accumulation and the Contractor's name and telephone
number. Such packages must be stored at a secure location and not exposed to weather. Upon completion of the
Project or before 60 days has elapsed from the date of the first accumulation of wastes in each specific container,
whichever is earlier, Contractor shall contact Owner's Representative to arrange for disposal. Owner's
Representative will arrange for the disposal of such wastes by Owner's Representative's approved hazardous waste
disposal vendor, Upon Owner's Representative's receipt of the invoice for disposal costs, a copy of the invoice will
be forwarded to the Contractor and Contractor shall reimburse Owner's Representative therefor. The Contractor
shall be responsible for all packaging, storage, and labeling costs.
End of Exhibit B
-2-
Dec 1.0 09 03:41p Vac and Jet Services LLC 4072600472
EXWbit C
Changed Service Authorisation
Contract No. C001792
Contract Number: C001792 Date:
Service Authorization No.
To: Vac And Jet Services, LLC
P.O. Box 520986
Longwood, Fl. 32752
p.12
Pursuant to the Services Agreement dated November 18, 2009, the Contractor agrees to perform the Changed Services
described below for a fee to be computed in the manner set out below or in accordance with Article 3 of the Agreement.
Description of Chaneed Services:
Contract Status:
1. Original Contract Sura
2. Total net change by previous Service Authorizations
3. Contract Sum prior to this Service Authorization
4. Contract Sum will he increased with this Service Authorization No.
S. Adjusted Contract Sum including this Service Authorization
S. Original Contract Time
7. Contract Time prior to this Service Authorization
8. Total Days of Extension Granted by this Service Authorization No.
9. Adjusted Contract Time including this Service Authorization
$ <<cnt r amt))
«ori COW )>
The total amount of this Changed Service Authorization shall be full and complete consideration to the Contractor for
performance of the Services set forth above and the Contractor hereby waives any and all claims arising out of or related
to the Services covered by this Changed Service Authorization.
Contractor shall commence the aforesaid Changed Services upon the execution hereof and shall perform the same in
accordance with the terms and conditions of the Agreement which, except to the extent expressly altered or changed in
this Changed Service Authorization, remain in full force and effect.
This Changed Service Authorization represents the entire and integrated agreement between the parties, and supersedes
all prior negotiations and qualifications, for this change in scope; but this Changed Service Authorization and the
Services contemplated herein is, except as otherwise specifically provided Herein, subject to all the terms and conditions
of the Agreement including without limitation, those concerning payment.
Accepted and Agreed by Contractor: For Owner.
Vac And Jet Services, LLC «OWNER»
Authorized
Signature:.
Print Name:
Title:
Date:
Authorized
Signature: _
Print Name:
Title:
Date:
i]ec i-0 09 03.41p Vac and ,let; Services LLC 4072600472 p.13
Exhibit D
General Release
ContractNo. CQa1792
FOR AND IN CONSIDERATION OF THE SUM OF DOLLARS
{$ ), as FINAL PAYMENT, the receipt and adequacy of which is hereby acknowledged, Contractor, the
undersigned, hereby fully and forever releases, acquits and discharges the Owner, the Owner's Representative, related and
affiliated companies, their agents, employees, consultants, architects, engineers, supervisors, officers, directors, successors,
assigns, separate contractors and their subcontractors and sub -subcontractors, all of whom are hereinafter referred to as
"Releasees", from any and all claims, actions, causes of action, liens, rights to claim a lien, rights to claim against the payment
bond, suits, expenses, losses and damages (including, without Iimitation, any and all expanses, Iosses and damages, for or
arising out of direct costs, indirect costs, expenses, overhead, profit, labor, labor impacts, materials, supplies, equipment,
changes, cardinal changes, cumulative impacts, disruptions, hindrances, interferences, delays, acceleration, inefficiencies, lost
productivity, taxes, insurance, bonds, deliveries, supervision, or any other costs, expenses, Iosses or damages of any nature
whatsoever), judgments, and rights whatsoever, in law or in equity, known or unknown, now existing through the date of
execution of this General Release or which may hereafter accrue (hereinafter referred to collectively as "Claims") in favor of
the undersigned for, by reason of, or arising out of or in connect -ton with any matter, transaction, contract, agreement,
occurrence, act, event, cause or thing whatsoever from the beginning of time to the date of this General Release arising out of
or in connection with the above -referenced Contract and/or all work, labor, services, materials, equipment and other items
famished, performed or provided pursuant to said Contract.
The undersigned covenants that except for actions and suits based upon breaches of the terms of this
Release, it shall not commence or prosecute any action or suit in law or in equity, against the Releasees, or any of them, on
account of any action or cause of action which now exists or which may hereafter accrue in its favor arising out of or in
connection with (i) the above -referenced Contract or (ii) all work, labor, services, materials, equipment and other items
furnished, performed or provided pursuant to said Contract,
In addition to any other liability which shall accrue upon the breach of the covenants contaiaxed herein,
undersigned shall be liable to pay all reasonable attorneys' fees and costs incurred by the Releasees, or any of them, in the
defense of any such action or suit brought in violation of the covenant contained in Paragraph 2 hereof.
WITNESS our hands this o£ 20 .
WITNESSES:
1)
2)
STATE OF
The foregoing instrument was acknowledged before me this
(Contractor)
Sigtfature
Print Name/ Title
by
of a
corporation, on behalf of the corporation. He/she is personally known
to me or has produced as identification and did (did not) take an oath.
Notary Public -,State of Florida
Positive aspects of Option 2:
• Possible reduction in costs. The Stormwater Fund will have to pay the City for staff time and
materials used to perform the work under option 2. We have no way to calculate exact
savings. However, based upon discussion with the City of Cocoa Beach we anticipate the
assessment and cleaning would save some money. The remaining funds would then be
available for construction tasks.
• The city would be part owner of a new camera, which allows staff to look down stormwater
pipes from man holes.
• Staff would be trained for future cleaning work and assessment of debris in the stormwater
system.
• The City of Cocoa Beach would provide an older vacuum truck to perform the cleaning work.
Negative aspects of Option 2:
• Equipment being loaned is older and the City would be responsible for repair of any damage.
• The city would be part owner of a new camera to look down stormwater pipes from man holes.
This is also a negative because the camera is not sent through the lines but remains in the
manhole and can reportedly view conditions up to 250 feet in the stormwater lines.
• The City would not have a video of the interior of the stormwater pipes for future use and it will
be difficult to identify areas that would require construction tasks to repair defects, since the
camera is not sent through the lines.
• The proposed camera equipment can only detect clogged lines — it cannot detect bad joints,
cracked pipes, etc. because the camera is not sent through the lines.
• City field staff is not adequate for the project which will take several months to complete each
year. A minimum of two staff members would be required and the current staffing levels do not
support the additional task without reduction in service levels in other areas.
• The truck being loaned requires a staff member to maintain a "B" commercial driver's license.
• City supervisory staff is not adequate for the project which would take several months. Walt
and Jeff are working on several other construction projects and do not feel they can
appropriately supervise City Staff to ensure the correct outcome is achieved. A qualified
contractor could complete the project in a timely manner, as they once they are mobilized and
requires a lesser degree of supervision, as these individuals do this work daily. Walt and Jeff
feel a project with a shorter timeframe can be adequately supervised by them.
• City Staff would need an unknown amount of time to be adequately trained. The workers
compensation liability is increased as this uses high pressure water and hydraulics.
• Some of the lines will require large plugs to block water movement and the City doesn't have
this type of equipment.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/1612010
Item No. /D
Subject: Discussion about a request for information, similar to that of
"Open. palmbayflorida.org, to be placed on the City website.
Department:
Summary:
Council Member Roberts proposes Council discuss an "Open Cape Canaveral" web site
item on this agenda to discuss/decide the opportunity to do something similar to the City
of Palm Bay's "Open. palm bayflorida.org - Financial Transparency in Government"
offered to the public.
Requested Council Action: Provide direction.
Financial Impact: Unable to assess fiscal impact at this time.
Attachments: Example of Open.paimbayflorida.org front page and emails.
Submitting Department Head: Date:
Approved by Acting City Manager: G`"� v Date:2/,,��o
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Open.palmbaylora da.org
Page 'I of I
r7
)A
I iofmcrq,rtad 4dos5arY FAQ i ei ns 811 Lis e Polic. y (::[l�Y of Polnn B�V
Ways to Use Open.paimbayfloridaorg is a gateway for obtaining information and key documents about
For citizens: how the City of Palm Bay spends tax dollars and other revenues to provide services to the
Find information on how your tax residents of Palm Bay, The information maintained on this site comes from a variety of
dollars are being put to work in resources and its updated quarterly, Last Update. December 31, 2009
Palm Bay.
001
14
lj?e "IDO
For businesses. V
See the types of goods and
services Palm Bay is buying to Expenciftures, Salanes Revenue CAFR fin=�W Reimls
discover new business
opportunities.
For government:
Study government buying
patterns to identify new
opportunities to leverage the
city's buying power. See what
the City is buying and from
whom.
Cupyn,,jht. , 20M) 0 L y o1 1-1 i I i i i B,,,,j y
littp://oli�en.paimbayflorida.org/ 2/8/2010
Angela Apperson.
.From: C. Shan.non Roberts [csrobei-ts@cfl.iT.com]
Sent: Friday, January 22, 2010 4:11 PNI
To: Angela Apperson
Subject: Re: Proposed Agenda Item - February 2, 2010 Council Meeting - Oppen Cape
Canaveral
Angie,
Thanks so much for keeping us "connected".
Yes, 1 would like to put it on the February 16th Council agenda thanks for letting me know what date you
would advise given what we are proposing for the meeting on the 2nd.
I appreciate Andrea's observations .. this helps us realize what potential staff and resources we may need for
our City that would help us "move forward."
Have a great weekend!
Shannon
On Jan 22, 2010, at 3:38 PM, Angela Apperson wrote:
> Shannon,
• The Feb 2nd agenda is quite full already. I'd be glad to place the
• item on a future agenda on your behalf, however, before we do so, I'd
• like for you to be aware of Andrea's comments on this subject, which
• she shared as a result of Dave Schirtzinger's suggestion for the same.
> "'Angie, I have seen, Palm Bay's web site and think the "transparency"
�> of financial data is great. They have an IT department and use HTE
• software. We aren't in a position to expend the funds/staff necessary
• to put the general ledger out there they way they have theirs. If you
• have any suggestions, I am open. Andrea"
• Unfortunately, I have no suggestions other than, placing more PDF type
• documents on the web.
• Please advise if you would like to proceed with the agenda item for
• the February 16th Meeting.
> Thanks,
• Angela Apperson, CMC,
• Acting City Manager
• City of Cape, Canaveral
• 105 Polk Avenue
• P.O. Box 326
• Cape Canaveral, Florida 32920
• Tel: (321) 868-1220/ 1221
• FAX: (3211) 868-1248
•gppersqnLgape@(,Il.rL.com
• www.citvofcaPecanaveral.grg
> P Conserve paper, Please don't print this e-mail unless you really
> need to,
• -----Original Message-----
• From: C. Shannon Roberts [mailto:csroberts@cfl,rr.com]
• Sent: Friday, January 22, 2010 2-36 PM
• To: Angela Apperson
• Cc: Andrea Bowers
• Subject: Proposed Agenda Item - February 2, 2010 Council Meeting -
• Open Cape Canaveral:
> Angie,
> Good afternoon!
• You may have seen in yesterday and today's Florida Today the article
• on Palm Bay's "Open Palm Bay" site, which provides excellent
• information to the community on the City's finances and
• infrastructure.
> This is similar to what our residents have been asking for in Cape
> Canaveral.
• I propose that we put an "Open Cape Canaveral" web site item on the
• February 2nd: Council Agenda, so we can: discuss/decide the opportunity
• to do something similar in the City of Cape Canaveral for our
• community.
• Andrea might be able to share with us at that time what would be
• involved in preparing the information for the City of Cape Canaveral
• and keep it updated.
• I am assuming the "State of the City" report will be on the agenda for
• February 2nd, too? Thanks for mentioning this at the last Council
• meeting. You may have also noted in Florida Today that the City of
• Palm Bay provides in its charter for the Mayor of that City to provide
• a "State of the City" report to their community each January. This
• might be something our Charter Review Committee would like to
• consider.
> Thanks for all you are doing to help our City transition and move
> forward
> Shannon
Angela Atmerson
From: Andrea Bowers [bowers -cape@
,cfl.rr.com]
Sent: Monday, January 25, 2010 4:22 PM
To: 'David Schirtzinger'; 'Angela Apperson'
Cc: Shannon Roberts; 'Buzz Petsos'; Mayor Rocky Randels; 'Bong Iloog'; 'Betty Walsh'
Subject: RE: Open.palinbayflorida.org Contact Us Comment
I spoke to Mike in Palm Bay's IT department. They Use a financial package HTE, which is used in larger cities. Not taking
Into consideration the financuall software they Use, implementation costs are around $300,000, They had fouir IT people
work on this almost exclusively for 9 months along with two finance people to get the site up and running, -Chis work
was all done inhouse,
From: David Schirtzinger [m,ailto:dschirtzinger@yahoo.com]
Sent: Monday, January 25, 2010 4:08 PM
To: Angela Apperson
Cc: bowers-cape@cfl.rr.com; Shannon Roberts
Subject: FW: Open. paIrn bayflorida.org Contact Us Comment
Hi Angie,
Thank you for including me in the loop with Andrea and Shannon in regard to the Open.palmbayflorida.org
issue. In -addition to, time and cost there are undoubtedly others issues which would need to be addressed prior
to, moving in the direction of Palm Bay's site. Regardless, I thought you may be interested in the forwarded
message below from Lee Feldman, Palm Bay's City Manager.
Thanks again,
Dave
--- On Mon, 1/25/10, Lee Feldman <k1dinl(d)Pall P11
t��r => wrote:
From: Lee Feldman )fida.qr
L __ _I
Subject: FW: Openpalmbayflorida.org Contact Us Comment
To: "dsciiii-tziii&LLrLilmy�r-hoo.cotii" <dschirtzingeKLi)yLihoo. orn.>
Date: Monday, January 25, 2010, 3:34 P,M
Dear Mr. Schirtzinger:
Thank you for your comments.
We use a database manager called Iron Speed. Cost to the City was $6,000,
Lee Feldman
F1
Promoting a Green Palm Bay - Please consider the environment before printing this e-n-lail
-----Original Message -----
From dschirtzinei-Ovahoo.corn [mailto:dschii-t,ziiigerL�.,yalioo.coiii]
Sent: Friday, January 22, 2010 4:38 PM
To: Palm Bay; Stacy LaVanture
Subject: Open. pal nibayf! orida. org Contact Us Comment
Results from form -
first narne: david
last name: schirtzinger
email: d schirtzi ngggy�Lioo. qo�kn
phone:
comments'. Congratulations on your implementation of Open, p alrnbayflorid a. org.
The transparency is awesome and will be invaluable in the future growth of Palm Bay.
What software is being used for this program and what is the ball -park cost?
Thanks!
submit: Submit
CONFIDENTIAI,ITY NOTICE:
The information contained in this email is strictly confidential and prepared solely for the use of the intended
recipient(s). The copyright of this communication belongs to the City of Palm Bay. If you are not the intended
recipient, please do not read, use, disseminate, distribute or copy this message or attachments.1f you have
received this ri-iessage in error, please notify the sender immediately and delete this message. Views expressed
in this message are those of the individual sender, and are not necessarily the views of the City of Palm Bay
City Council.
DISCLAIMER:
Before opening any attachments, please check them for viruses and defects.The sender does not accept liability
for any viruses, errors or omissions in the contents of this message or attachment, which arise as a result of
email transmission.
Promoting a Green Palm Bay - Please consider the environment before printing this e-rnail
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 02/16/2010
Item No. 1/
Subject: Discussion: History Video Post Production Options
Department:
Summary:
The City Council accepted the Final History Video, produced by David Stanley, at the
12-22-09 Special City Council Meeting. Staff is requesting direction from Council
regarding:
1) Whether a "Premier" event will be held; and
2) How the video will be disseminated to the Public:
- Mass production of CDs for purchase or make copies on as -needed basis for
purchase.
- Streaming video on a web site with possibilities for advertising revenue and/or
charge a fee for people to view.
Requested Council Action: Provide direction.
Financial Impact:
Unable to assess until direction is provided on how to proceed.
Attachments: DVD Duplication Quote and Streaming Media Hosting Quote.
Submitting Department Head: Date:
Approved by Acting City Manager: a h"'7o' Date: -21.1.,
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
DA\Vid Productions
(321)431-8394
Digital Audio\Video Production Services
Your GURU of Multi -Media
Date: 2/02109 Name: City of Cape Canaveral Phone: 321-868-1230
Type or Work: Oral History Project Duplication Quote
Description: Cost to duplicate and print lables in a paper sleeve for the council.
Final Product: DVD Copies
Due Date: Unknown
October 18-24, 2009
November 15-21, 2009
November 22 — December 1 , 2009
Date:
Services:
Time:
Charge:
This is a quote for dupication to the council.
DVD duplicaton at a rate of $3.00 a disk for over 400 copies.
DVD duplicaton at a rate of $5.00 a disk for under 400 copies.
For small orders of 50 or less $10.00 a copy.
Make Check Payable to:
David Stanley or
DBA DA\Vid Productions
457 Skylark Blvd.
Satellite Beach, Florida 32937
January 20, 2010
David Stanley
DANID Productions
Satellite Beach, Florida
321-431-8394
davidnroductions2000CUOgM.qil.com
Dear David:
Harley Interactive, Inc. (dba Seminars Express) is proud to offer our streaming media hosting for the City
of Cape Canaveral's 90 minute video.
The benefit of using a streaming media server is the video does not need to be downloaded onto a user's
computer before playback begins. Streaming media playback occurs as the file is being transferred. The
data is played back and then discarded. This allows for reasonable degree of copyright protecfion.
Streaming media never touches the user's hard drive so it cannot be saved.
Streaming media servers offer the user control over the stream. The user can control playback as if it
were a VCR. This type of control is not available with downloaded files until, of course, the whole file is
downloaded. User interactivity and ability to seek to different time codes in the file is a great advantage of
streaming media.
Due to the length of the video, a Table of Contents can be added that enables the viewer to jump to
specific times in the video. This works the same as the "scene selection" functionality of a DVD.
Additional functionality is an Ask a Question button that allows viewers to ask questions via email and a
Share Presentation button that allows viewers to send the URL via email.
Revenue Oonortunities
Although having the capability to deliver video from a website for marketing and promotional is beneficial
in itself, video can also be offered for a fee. Utilizing an e-commerce solution (such as PayPal), a buyer
can purchase the license to view the video through a provided web link. A URL will be sent to the buyer
after the transaction is complete.
Another revenue stream is with sponsorship and advertising, The Seminars Express Video Interface
includes a Title Bar, This area could be sold to sponsors for an advertising fee. An additional Ad Banner
graphic could be added to the User Interface, if requested.
Mr. David Sfanley
Page 2 of 10
-*- Brevard Workforce
inent Board, 111C.
Sample Link: Corporate Promotional Video
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Harley Interactive, proposes to host the City of Cape Canaveral video for 12 months on a fixed price basis
of $750.00 for 12 months hosting of a 90 minute video for up to 10 concurrent viewer sessions accessed
at one time.
The above cost includes a setup fee to Iupload video, link Table of Contents, and create the custom user
interface title graphic.
Note: Additional videos may be hosted on the streaming media servers for $0.30 per minute of video Iper
month if prepaid in advance,
1. Payment is due on contract award,
2. Video will be streamed at 225 kbits per second.
3. No more than 10 concurrent viewer sessions may be accessed at one time.
4. To view video, streaming media ports 1755 and/or 544 must be open.
5. If a high level of Internet security settings is set; httio,//seminarsexpress.riiedliasite.com/ needs to
be added to the list of trusted websites,
Mr. David Stanley
Page 3 of 10
January 20, 2010
Thank you for the opportunity to propose our services to assist in training and learning technology. If you
have any questions regarding these rates, please feel free to contact me at 321-453-8133 or via email at
karIa,roberjsP_sqn
Sincerely,
Karla Roberts
Mr. David Stanley
Page 4 of 10
Hosting Agreement
RECITALS
January 20, 2010
WHEREAS, Harley Interactive offers application and streaming media service provider hosting solutions
allowing clients to access video via the Internet or an intranet;
WHEREAS, Client is the owner, lessee and or licensee of various media content including without
limitation images, scripts, graphics, audio, video, text and data (the "Client Data"); and
WHEREAS, Client further desires to have Harley Interactive host the video at Harley Interactive's system
(the "System", as further defined in STREAMING VIDEO SYSTEM INFRASTRUCTURE DETAILS).
NOW, THEREFORE, in consideration of the mutual promises set forth below, the parties hereby agree as
follows:
1. Services and Payments.
Harley Interactive shall provide to Client the services described in this Agreement that are ordered by
Client (collectively, the "Services"), and Client agrees to pay Harley Interactive the charges, fees, and
other amounts as described in this Agreement. Harley Interactive and Client agree to follow the billing and
payment terms, conditions, and procedures set forth in this agreement.
2. Responsibilities.
Client Responsibilities: The Client will be responsible for (a) the procurement and licensing of video
hosting on the system; (b) installing and maintaining communications and interfaces between the Client
Data and remote terminals; (c) input and processing of Client Data.
Harley Interactive Responsibilities: Harley Interactive will be responsible for (a) the support and
performance of the System; (b) management of the Software; (c) procurement and maintenance of
insurance on the System and its operation; (d) all remedial and preventative maintenance of the System,
including, without limitation, the responsibility for technical support maintenance on the System, unless
otherwise expressly agreed to by the parties; and (e) system security safeguarding the Client Data.
3. Term and Termination.
This Agreement shall be effective as of the Effective Date and shall remain in effect for the period
referenced in STREAMING VIDEO SYSTEM INFRASTRUCTURE DETAILS (the "Initial Term"), unless
earlier terminated as otherwise provided in this Agreement. Client shall have the right to extend the Initial
Term on the same terms and conditions for additional periods, as agreed, by so -notifying Harley
Interactive in writing at least thirty (30) days prior to the original expiration date thereof (each, a "Renewal
Term"). In the event of a termination, Client shall not be entitled to any refund of any payments made to
Harley Interactive by Client and shall pay all fees due up to the effective date of termination. Either party
may terminate this Agreement if the other party materially breaches any of its representations, warranties,
or obligations under this Agreement, and, except as otherwise provided hereunder, such breach is not
cured within fourteen (14) days of receipt of written notice specifying the breach.
4. Relationship; Nature of Agreement.
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or
agency between Harley Interactive and Client. Neither Harley Interactive nor Client will have the power to
bind the other or incur obligations on the other's behalf without the other's prior written consent. The
parties agree that this Agreement is a hosting and services Agreement, and this Agreement is not
intended to, and will not, constitute a lease of any property.
Client acknowledges and agrees that (a) it has been granted only the rights to use the System in
accordance with this Agreement; (b) Client has not been granted any real property interest in any portion
of the Harley Interactive data center. Harley Interactive acknowledges and agrees that all right, title and
interest in and to the Client Data remains with Client, and it has not been granted any interest therein.
5. Confidentiality.
Mr. David Stanley
Page 5 of 10
January 20, 2010
Each party ("Receiving Party") agrees to keep confidential and not disclose or use except in performance
of its obligations under this Agreement, confidential or proprietary information relating to the other party's
("Disclosing Party") technology or business that the Receiving Party learns in connection with this
Agreement and any other information received from the other, including, and without limitation, to the
extent previously, currently or subsequently disclosed to the Receiving Party hereunder or otherwise:
information relating to products or technology of the Disclosing Party or the properties, composition,
structure, use or processing thereof, or systems thereof, or to the Disclosing Party's business including
and without limitation computer programs, code, algorithms, schematics, data, know-how, trade secrets,
processes, ideas, inventions whether patentable or not, names and expertise of employees and
consultants, all information relating to clients and clients transactions, and other technical, business,
financial, client and product development plans, forecasts, strategies and information, all of the foregoing,
"Confidential Information". Confidential Information shall also include any proprietary or confidential
information owned by a third party that is available to a party hereto pursuant to a non -disclosure
agreement with such third party.
Neither party shall disclose the terms of this Agreement to any third party without the prior written consent
of the other party. Each party shall use reasonable precautions to protect the other's Confidential
Information and employ at least those precautions that such party employs to protect its own confidential
or proprietary information, but in no event shall the standard of care be less than the standard of care
which a reasonable business person would use in protecting
its own confidential information.
"Confidential Information" shall not include information the Receiving Party can document (a) is in or
(through no improper action or inaction by the Receiving Party or any affiliate, agent or employee) enters
the public domain, or (b) was rightfully in its possession or known by it prior to receipt from the Disclosing
Party, as evidenced by the Receiving Party's written records in existence prior to the disclosure by the
Disclosing Party, or (c) was rightfully disclosed to it by another person without restriction, or (d) was
independently developed by it by persons without access to such information and without use of any
Confidential Information of the Disclosing Party.
Each Party, with prior written notice to the Disclosing Party, may disclose such Confidential Information to
the minimum extent necessary that is required to be disclosed to a governmental entity or agency in
connection with seeking any governmental or regulatory approval, or pursuant to the lawful requirement
or request of a governmental entity or agency, provided that reasonable measures are taken to guard
against further disclosure, including without limitation, seeking appropriate confidential treatment or a
protective order, or assisting the other party to do so.
6. Client Warranties.
Client represents and warrants that (a) Client has the legal right and authority, and will continue to have
the legal right and authority throughout the term of this Agreement, to and in the Client Data; (b) Client
has the power and authority to enter into and fully perform its obligations under this Agreement; (c) to the
best of its knowledge, the Client Data do not and shall not contain any material that violates any
applicable law, rule or regulation (including without limitation, export laws) or that infringes upon any
common law or statutory right of any person or entity, including, without limitation, any proprietary,
contract, moral, privacy or publicity right, copyright, patent, trademark, trade secret, or any other third
party right; (d) the Client Data do not and shall not contain any material that, in Client's good faith
judgment, is obscene, threatening, malicious, defamatory, libelous, slanderous, or pornographic.
7. Harley Interactive's Warranties.
Harley Interactive represents and warrants that: (a) Harley Interactive owns or has the legal right to use
the System; (b) Harley Interactive has the power and authority to enter into and fully perform its
obligations under this Agreement; (c) all Services to be provided hereunder will be performed in a
professional, industry standard, competent and timely manner; (d) the System does not infringe the
intellectual property rights of any third party including, without limitation, patent, trademark, copyrights and
trade secrets; and (e) there are no existing or threatened legal proceedings against Harley Interactive that
would have an adverse affect upon its ability to perform its obligations under this Agreement or its
Mr. David Stanley
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January 20, 2010
financial condition or operations. HARLEY INTERACTIVE DOES NOT WARRANT THAT THE SERVICES PROVIDED
HEREUNDER WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE.
8. LIMITATION OF LIABILITY.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSSES, LOST PROFITS, LOSS OF
BUSINESS, LOST REVENUES, LOST DATA, DELAYS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES,
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES, OR VIRUSES
ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT
DAMAGES (AND WITH DIRECT DAMAGES, ONLY TO THE EX'T'ENT PERMITTED IN THIS AGREEMENT). TO THE EXTENT
PERMITTED BY LAW, HARLEY INTERACTIVE WILLNOT HAVE ANY LIABILITY FOR ANY HARM OR PERSONAL
INJURY TO CLIENT, ITS PRESENT OR FORMER OWNERS,
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS OR CLIENT'S
AUTHORIZED PERSONS UNLESS SUCH INJURY OR HARM IS CAUSED BY HARLEY INTERACTIVE'S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT DURING SUCH PERSON'S VISIT. ALL LIMITATIONS SET FORTH IN THIS
SECTION APPLY TO ALL CAUSES OF ACTION AND CLAIMS.
HARLEY INTERACTIVE DOES NOT CONTROL, NOR CAN IT CONTROL, THE FLOW OF
DATA TO OR FROM INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS AND
OTHER PORTIONS OF THE INTERNET OR THE CLIENT'S OWN INTERNAL SYSTEMS, INCLUDING
INTRANETS AND OTHER WIDE AND/OR LOCAL AREA NETWORKS (COLLECTIVELY, "INTERNAL
SYSTEMS") AND ACCESS SYSTEM. SUCH FLOW DEPENDS IN LARGE PART ON THE
PERFORMANCE OF INTERNET AND INTERNAL SERVICES PROVIDED OR CONTROLLED BY
THIRD PARTIES INCLUDING, WITHOUT LIMITATION, THE CLIENT (COLLECTIVELY, FOR THE
PURPOSES OF THIS DISCLAIMER, "THIRD PARTIES"). AT TIMES, ACTIONS OR INACTION
CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH A PARTY'S
CONNECTIONS TO THE INTERNET, ACCESS SYSTEM, OR INTERNAL SYSTEMS (OR PORTIONS
THEREOF) MAY BE IMPAIRED OR DISRUPTED, AND HARLEY INTERACTIVE CANNOT
GUARANTEE
THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, HARLEY INTERACTIVE DISCLAIMS
ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. HARLEY
INTERACTIVE SHALLNOT BE LIABLE TO THE CLIENT, ANY AUTHORIZED USER, OR ANY OTHER
THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY BE SUFFERED BY THE CLIENT, ANY
AUTHORIZED USER OR ANY SUCH THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LOSSES
OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY
TO ACCESS THE INTERNET OR INTERNAL SYSTEMS, OR INABILITY TO TRANSMIT OR RECEIVE
INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERY, OR SERVICE
INTERRUPTIONS, WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF Harley
Interactive. HARLEY INTERACTIVE SHALL NOT BE RESPONSIBLE FOR THE SERVERS NOT
BEING
ACCESSIBLE ON THE INTERNET OR ON ITS INTERNAL SYSTEMS DUE TO CIRCUMSTANCES
NOT IN THE DIRECT CONTROL OF HARLEY INTERACTIVE SUCH AS, WITHOUT LIMITATION, THE
CLIENT'S OR ANY OTHER THIRD PARTIES, INCLUDING AN INTERNET SERVICE PROVIDER'S,
EQUIPMENT CAPABILITIES.
9. Indemnification.
Each party agrees to indemnify, defend and forever hold the other (and each of its affiliates, and all of
their respective present and former officers, members, shareholders, directors, employees,
representatives, attorneys, insurers and agents, and the successors, heirs and assigns of any of these)
harmless from and against any and all losses, liabilities, claims, costs, damages and expenses (including,
without limitation, fines, forfeitures, attorneys' fees, disbursements and
administrative or court costs) arising directly or indirectly out of any breach or alleged breach of its
representations or warranties under this Agreement. The Indemnified Party shall promptly provide the
indemnifying Party with written notice of any claim which it believes falls within the scope of this
paragraph and shall cooperate with Indemnifying Party in the investigation and defense of the same. The
Indemnified Party may, at its own expense, assist in the defense if it so
chooses, provided that the Indemnifying Party shall control such defense and all negotiations relative to
the settlement of any such claim and that any settlement intended to bind the Indemnified Party shall not
be final without the Indemnified Party's written consent, which shall not be unreasonably withheld.
Mr. David Stanley January 20, 2010
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10. Force Majeure.
Neither party shall be deemed in default or otherwise liable under this Agreement due to its inability to
perform its obligations, except for the obligation to pay amounts owed under this Agreement, by reason of
any fire, earthquake, flood, hurricane, tornado, substantial snowstorm, epidemic, accident explosions,
casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act
of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or
judicial order (which is not the result of any act or omission which would constitute a default hereunder),
or any failure or delay of any transportation, power, or communications system or any other or similar
cause beyond that party's reasonable control provided, however, that if Harley Interactive is unable to
provide the Services for a period of ten (10) days or longer due to any of the foregoing events, Client shall
have the right to terminate this Agreement, and receive a pro -rata refund of payments made by Client to
Harley Interactive covering the remainder of the Initial Term or any Renewal Term, immediately upon
notice.
Harley Interactive does not and cannot control the flow of data to or from Harley Interactive's network and
other portions of the Internet. Such flow depends in large part on the performance of Internet services
provided or controlled by third parties. At times, actions or inactions of such third parties can impair or
disrupt Client's access to the System and Client Data (or portions thereof). Although Harley Interactive will
use commercially reasonable efforts to take all actions it deems
appropriate to remedy and avoid such events, Harley Interactive cannot guarantee that such events will
not occur. Accordingly, Harley Interactive disclaims any and all liability resulting from or relating to such
events.
11. IP Addresses.
Harley Interactive will provide an Internet Protocol ("IP") address in order to allow Client to access the
Client Data on the System. Harley Interactive reserves the right to change the IP address; however,
Harley Interactive will give Client reasonable notice of such renumbering. Client agrees that it will have no
right to IP Addresses upon termination of this Agreement, and that any renumbering required of Client
after termination shall be the sole responsibility of Client.
12. Payment Terms.
Harley Interactive will issue its invoices for each Initial Term and Renewal Term in advance. Client shall
pay such invoices within thirty (30) days of receipt depending or as otherwise determined by Harley
Interactive based on its credit evaluation. A late fee of one and one-half percent (1.5%) per month may be
charged on any undisputed balance more than thirty (30) days past due. Any objections by Client to an
invoice must be made to Harley Interactive within thirty (30) days after receipt of the invoice. Client shall
pay or reimburse Harley Interactive for all sales, use, transfer, privilege, excise, and all other taxes and all
duties, whether international, national, state or local, however designated, which are levied or imposed by
reason of the performance by Harley Interactive under this Agreement; excluding, however, income taxes
on profits which may be levied against Harley Interactive.
13. Harley Interactive Infrastructure Unavailability Credits and Termination Rights.
Harley Interactive guarantees that the Harley Interactive System that supports the Client Data will be
available 99.5% of each calendar month, as described in this Agreement. If Harley Interactive fails to
meet this guarantee due to "Harley Interactive Infrastructure Unavailability", Harley Interactive will credit
the Client's account as follows. For each cumulative hour of Harley Interactive Infrastructure Unavailability
or fraction thereof within a calendar month, Client's account shall be credited with one day's worth of
"Hosting Fees". Fees will be calculated on a pro rata basis from the actual fees billed at the end of the
calendar month in which the Harley Interactive Infrastructure Unavailability occurred. Harley interactive
Infrastructure Unavailability is defined as the number of minutes during which the Client Data is
electronically unreachable either from outside or within the Harley Interactive local network, but does not
include any unavailability attributable to: (a) scheduled maintenance (whether by Harley Interactive, a
vendor, including telecommunications carriers, or by Client); (b) acts or omissions of Client or any user of
the Client Data authorized by the Client; or (c) any of the force majeure events set forth in Section 10 of
the Agreement. In any calendar month, credits provided to Client with respect to Harley Interactive
Infrastructure Unavailability may not exceed one month's "Hosting Fee" for the affected host(s).
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January 20, 2010
In order for the Client to receive credit for Harley Interactive Infrastructure Unavailability, claims by Client
must be submitted by the Client's authorized technical contact within 10 calendar days of the end of the
month in which the Harley Interactive Infrastructure Unavailability occurred. All claims are subject to
review and verification by Harley Interactive prior to any credits being granted. Credit requests should be
sent via e-mail) and addressed to karta harieviriteractive.com. Harley Interactive will acknowledge credit
requests within 2 business days of receipt and will inform Client via e-mail or U,S. Postal Mail within 10
days of this acknowledgment whether the claim request is approved or denied. Approved credits will
appear on the Client's next monthly hosting bill.
In the event that Harley Interactive Infrastructure Unavailability exceeds thirty (30) hours in any calendar
month, Client shall have the right to terminate this Agreement without penalty, effective upon thirty (114)
days prior written notice to Harley Interactive,
14. Miscellaneous.
14.1. This Agreement, and any exhibits attached hereto, all' of which are (or which will be when executed
if subsequently executed) incorporated herein by reference into this Agreement, constitute the complete
and entire agreement between the parties with respect to the subject matter hereof, and supersede and
replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements,
written and oral, regarding such subject matter. No modification, amendment or waiver of any provision of
this Agreement shallbe effective unless approved in writing by both parties.
14.2. This Agreement will be binding upon and inure to the benefit of all successors and permitted
assigns of Harley Interactive and Client, who will be bound by all of the obligations of their predecessors
or assignors. Neither party may assign its rights or obligations under this Agreement without the written
consent of the other party, except that if either party merges or consolidates with or into or transfers
substantially all of its assets to another entity, this Agreement may be assigned to such successor.
Without limiting the foregoing, under no circumstances will either party sublicense any or all of its rights
and obligations under this Agreement.
14.3. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no
way be construed as, a waiver of such provisions and' shall not affect the right of either party thereafter to
enforce each and every provision thereof in accordance with its terms.
14.4. Notwithstanding anything in Section 5 of the Agreement to the contrary, Harley Interactive, may use
the name and identity of Client as a Harley Interactive Client in advertising, publicity, or similar materials.
14.5. This Agreement shall be construed in accordance with, and governed by, the laws of the state of
Florida, without reference to the choice of law provisions thereof,
14.6. Signatures on a copy of this Agreement or on copies of any other documents provided pursuant to
this Agreement transmitted by facsimile machine shall be binding upon the parties and of the same legal
effect as original signatures.
14.7. All of Sections 5, 6, 7, 8, and 9 of the Agreement will survive the termination of this Agreement. In
addition, all provisions of this Agreement that can only be given proper effect if they survive the
termination of this Agreement will survive the termination of this Agreement. This Agreement will be valid
as to any obligation incurred prior to termination of this Agreement. Without limiting the foregoing, Client
must pay all amounts owed to Harley Interactive under this Agreement, including, without limitation, any
amounts that are not due until after the expiration or earlier termination of this Agreement,
14.8. Each party has reviewed, and has had an opportunity to have reviewed, this, Agreement, and it is
the parties' intent that this Agreement will not be construed against either party. The section headings
throughout this Agreement are for convenience and reference only,, and will not be used to construe this
Agreement.
14.9. Any notice, approval, request, authorization, direction or other communication under this Agreement
shall be given in writing, to the persons set forth in Exhibit A, in the case of Client, and shall be deemed to
Mr. David Stanley January 20, 2010
Page 9 of 10
have been delivered and given for all purposes (a) on the delivery date if delivered personally to the party
to whom the same is directed or sent by e-mail; (b) on the delivery date if sent by confirmed facsimile,
followed up with an original sent by one of the other methods set forth herein; (c) one business day after
deposit with a commercial overnight carrier, with written verification of receipt, or (d) five business days
after the mailing date, if sent by U.S. mail, return receipt requested, postage and charges prepaid, or any
other means of rapid mail delivery for which a receipt is available.
DESCRIPTION OF HARLEY INTERACTIVE HOSTING SERVICES SYSTEM INFRASTRUCTURE AT
SONICFOUNDRY, INC., MADISON, WISCONSIN
STREAMING VIDEO SYSTEM INFRASTRUCTURE DETAILS.
Robust Telecommunications Infrastructure
Sonic Foundry has obtained redundant telecommunication services via ATM links to an OC -48 SONET
ring and a direct link to an OC -192 internet connection. Both connections provide for large Internet
capacity as well as unparalleled reliability. In the event of a failure on either connection, traffic
automatically reroutes itself until the connection is restored.
Independent Internet Connections
Sonic Foundry maintains and balances video stream across multiple high-speed OC -3 and OC -192
connections to Tier One providers. The combination of these connections allows for reliable and swift
delivery of content for even the most demanding bandwidth needs. Border Gateway Protocol (BGP)
routing guarantees the end-user the best possible Internet experience regardless of geographic location
On an automated basis, trace -route functions are performed which identify response time delays with all
Internet connections. Should one connection fail or experience unacceptable response time delay, the
other connections have enough capacity to handle our full workload.
Highly Available Server Infrastructure
Streaming media hosted by Sonic Foundry are powered by redundant servers running the most current
platforms. Redundancy and load balancing across these servers is provided by our redundant core
network.
Power Failure Protection
Sonic Foundry has two levels of power protection. First the facility sits on the same dual electric power
grid that powers the most important government facilities in Madison. Second, we have an Uninterruptible
Power Supply (UPS) that immediately provides power to the data center if power is lost.
24x7 Monitoring
Our network staff monitors all aspects of our network and is alerted in the event of component failure 24
hours a day, 7 days a week.
Environmental Controls
To further ensure that environmental conditions are controlled and maintained, monitoring hardware has
been implemented within Sonic Foundry's data center. The hardware monitors for temperature, humidity
and airflow. Alerts are generated when conditions in the data center exceed predetermined thresholds.
Fire Suppression
Sonic Foundry's data center is equipped with a complete smoke detection system and FM -200 fire
suppression system. The FM 200 system utilizes heptaflouropropane gas, the environmentally friendly
answer to Halon that is both safe and non -corrosive to electrical equipment. This gas deploys after a 30 -
second countdown and slows the fire by chemically
preventing combustion.
Physical Security
The facility is completely free of glass and unsecured entry points. Only a select group of our network
staff has security clearance into the data center.
Mr. David Stanley January 20, 2010
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Network Security
All systems in Sonic Foundry's data center are protected by redundant firewalls.
Data Storage
All content is stored on extremely fast and highly reliable storage. The storage features N+1 redundancy
on all parts.
3. INTERNET BANDWIDTH USAGE.
Harley Interactive will provide access to streaming video via the Internet through multiple Internet
connections. For the hosting fee, Client is allowed up to 50 concurrent viewer sessions of streaming
video.
4. TECHNICAL SUPPORT AND INSTALLATION SERVICES.
Harley Interactive will provide technical support to customers who have active
Normal Business Hours are Monday through Friday, 8 a.m. to 5 p.m., Eastern Standard Time zone
(excluding holidays).
IN WITNESS WHEREOF the parties have entered into this Hosting Agreement as of the date below.
HARLEY INTERACTIVE, INC.
By:
Printed Name: Karla Roberts
Title: President
Date:
[City of Cape Canaveral]
By:
Printed Name:
Title:
Date: