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HomeMy WebLinkAboutCommerce StreetShuford Development, Inc, Post Office Box 2228 I-Hckory, f,,dorffi Caroliria 2860'.'� (704) 328-4157 Fax (704) 322-6501 Via Fed Ex May 14, 1997 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl. 32920 Dear Mr. BOLIChCr: % r s It has been slightly less than one month since you received my letter dated April 17, 1997. Like the correspondence you have received in the past from our attorney, Mr. John Starling, you have chosen not to respond to it. Mr. Rocky Randals, however, took the time to call me and bring me LIP to date on the most recent City Council meeting. I would like to reiterate to you what I said to Mr. Randals on two issues: Commerce Street between Central Boulevard and A I A - Cevesco, Inc. and its legal Counsel believe that the Post Office has been granted an easement onto Commerce Street by the City of Cape Canaveral, an easement which the City had no legal right to grant. Cevesco. Inc. intends to spend no money improving this road and is in fact demanding that the City accept ownership of the property. If a satisfactory plan to deal with this, problem is not agreed to in writing by June 1, 1997, Cevesco, through its legal counsel, will notify the owners of the Post Office of the problem and grant the owners a reasonable time period to find alternative access. 2. Tower Boulevard - Cevesco,, Inc, and its legal counsel believe that the City of Cape Canaveral has failed to live Lip to its part of an agreement made in 1990, whereby in exchange for a quitclaim deed of 8.6 acres of land to the City, the City would pave Tower and Central Boulevards. If a satisfactory plan to pave these roads cannot be agreed upon in writing by June 1, 1997, Cevesco, through its legal counsel, will begin proceedings to reclaim this property or, alternatively, to require the City of pave the streets. I am aware that you apparently somehow think that you are in the right on this issue.- however, that is not the opinion of our counsel and Cevesco intends to act accordingly. C � T F -I' V F"' S Co RO A D9 7 -3. W 11 1) Please feel free to call me at any time. The easiest telephone number to reach me is 704.328.2141 ext. 8500. As before, I look forward to your prompt response to my requests. Sincerely, C. Hunt Shuford, Jr. President Shuford Development, Inc., Shuford Development Company, Cevesco, Inc., and Canaveral Beach Garden Apartments, Inc. cc: Mr. George H. Firkins, Jr., Agent to Cevesco, Inc. - Via Fax Mr. John M. Starling, Severs, Stadler & Harris, P.A. - Via Fax CACE V ESCO\ROAD97-3. W PD Ing T -pe. Regular Meeting Date: 05-20-97 bb AGENDA uwAms Discussion item 11 No. => Commerce Street AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SHUFORD DEVELOPMENT'S REQUEST TO DE® ROADWAYS TO THE CITY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council evaluate the street dedication request made by Shuford Development, Inc. and formulate a response. Summary Explanation & Background: The request is for the City to take ownership of the following roadways: => Imperial Blvd. => Brown Circle => Commerce Street The City has a policy of not accepting any roadway that does not meet City specifications. Recent examples are Cheri Down Lane and the entrance portion of Ocean Woods Blvd. - Therefore, unless these roadways are repaired to City specifications, I would recommend disapproval of this request. Exhibits Attached: Shuford Development's letter of 04-17-97; P&Z's minutes of 09-27-95; Building Department's memos of 12- 18-96 and 01-06-97• Aedile Contractors' letter of 12-31-97 City er's Office Department LEGISLATIVE Shuford Development, Inc. Post Office Box 2228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 IT. Via Fed Ex April 17, 1997 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl. 32920 Dear Mr. Boucher: Congratulations to you and the City of Cape Canaveral on the recent purchase of land from Cevesco, Inc. As a long time taxpayer .and corporate citizen of Cape Canaveral, Cevesco and its parent, Shuford Development, Inc. are pleased to see the land put to such a worthy long term use. We have several issues unrelated to this land transaction that urgently need to be addressed. /40"', As you are aware, Cevesco, Inc. still owns a number of roads which it build many years ago when it and various other related entities were actively developing Cape Canaveral. Specifically, Cevesco still owns Imperial Boulevard, Brown Circle, Commerce Street from Central Boulevard to Imperial Boulevard, and Commerce Street from AIA to Central Boulevard. With the exception of the last road mentioned, Cevesco has not owned adjoining property in many years. Despite this fact, these roads have continued to be a source of property tax revenue for your city. We feel that the time has come for the City of Cape Canaveral to take over ownership of these roads. The first three roads mentioned appear to be in reasonably good shape and are not heavily travelled. The fourth road mentioned, Commerce Street from AIA to Central Boulevard appears to be a problem. Like the others, it was in reasonably good shape until traffic in and out of the Post Office began to accelerate the normal deterioration of the road. Shuford Development Co. received a letter (attached) dated December 18, 1996 (the letter should have been addressed to Cevesco, Inc. P.C. Box 2228, Hickory, NC 28603) notifying that we were in violation of a City ordinances relative to your responsibility to maintain this road. With the help of Mr. Art Berger, Vice President of Aedile Contractors, Inc. we have reluctantly made temporary repairs. Cevesco, Inc. believes that the easiest and most equitable solution to the problem with this CACEVESMROAD97 LWPD section of Commerce Street is for Cevesco to deed the property, as is, to the City. We believe that the Post Office, for whatever reason, but presumably at the direction of your office, has been granted, or taken an easement onto Commerce Street. Cevesco, Inc., as owner of this road, is the only entity that can grant this easement. We never granted such easement. I have attached a copy of the closing documents, including the Warranty Deed, for Cevesco's sale dated August 24, 1995 to William J. Kuczek, et. al. of the property on which the Post Office was built. Cevesco, Inc. is not in a position to, and has no intention of, making substantial improvements to this road. The various Shuford companies have been excellent citizen of Cape Canaveral for many years. We do not feel that this request is out of line. A second issue that needs to be addressed is the completion of the paving of Tower Boulevard - and Central Boulevard. On April 19, 1990, the City Manager wrote to Cevesco, Inc. stating that upon conveyance of approximately 8.6 acres of land from Cevesco, Inc. to the City, the City would pave these roads. The transfer took place and the deed was recorded, and to date the City has paved only back to the water treatment plant. While we knew that deeding this land would serve the City's needs, it was also done with the idea that it would make our land to the west of the Radisson more accessible (read saleable). This has not happened and consequently, the probability of reducing Cevesco's holding period on the remaining approximately 70 acres of land was not decreased, which was our goal. I have included copies of correspondence between our Company, our attorney, our engineers, and the City of Cape Canaveral for your review. I remind you that our correspondence with the City of Cape Canaveral has gone largely unanswered. Presumably, with the construction of the new Park, you will have an additional incentive to pave the rest of the road. We would like to know as soon as possible when the City intends to honor its part of this agreement made seven (7) years ago. Up until now, Cevesco, Inc. has been patient to the point of our own financial detriment. We continue to be selective about who we sell to. As a result, the development of the land we have sold in the past few years has enhanced your tax base and resulted in what appears to be the best looking part of the City. It is time is for the City of Cape Canaveral to do what is right. The easiest telephone number to reach me is 704.328.2141 ext. 8500. I look forward to your prompt response to my requests. Sincerely, L C. Hunt Shuford, Jr. President Shuford Development, Inc., Shuford Development Company, Cevesco, Inc., and Canaveral Beach Garden Apartments, Inc. CACEVESCOMAD971.WPD 0 cc: Mr. George H. Firkins, Jr., Agent to Cevesco, Inc. Mr. John M. Starling, Severs, Stadler & Harris, P.A. Mr. John Porter, Mayor, City of Cape Canaveral Mr. Rocky Randals, Vice -Mayor, City of Cape Canaveral Attachments CACEVESCO\ROAD971.W PD C ItY of Cape Canaveral F o i MY —�-- I/ CAPE CANAVERAL NOTICE OF ORDINANCE/CODE VIOLATION CORRECTIVE ACTION TAKEN TIME FOR COMPLIANCE SHUFORD DEVELOPMENT CO. 18 DEC 96 211 CAROLINE ST. CAPE CANAVERAL, FL 32920 According to our records you are the owners Of the following described roadway: Section 15, Township 24 South, Range 37 East, Plat Book 782, Page 143, (Commerce Drive), Brevard County, Florida. The roadway is in violation of the City of Cape Canaveral Code of Ordinances, Chapter 34 Environment, Section 34-97 Duties and Reqnnn6h;1itjP,, ir,, Maintenance (3), in that Commerce Drive has numerous pot holes throughout the piece running from SR AIA to west Central Blvd. The violations can be corrected by performing the following: I. Repair the roadway, fill all pot holes, or If Corrective action is, taken within 15 days receipt of this notice then no further action will be taken. If corrective action is not taken within 15 days receipt of this notice, then this case will be heard by the Code Enforcement Board at their next scheduled meeting, The City has received numerous phone complaints and several in person complaints, in reference to the condition of the roadway. If you have any questions concerning this matter, please contact the Building Department at 868-1222, Aincerely, Greg Mullins Code Enforcement Officer 105 POLK AVENUE I POST OFFICE BOX 32G 0 CAPE CANAWRAL, I"L 32920 032G TELEPIIONE 1407) 868-1200 0 FAX 14073 799-3170 CONTRACTORS AEDILE —.A600aft I sc:...r.r., December 31, 1996 City of Cape Canaveral 113 Polk Ave. Cape Canaveral, 32920 RE: Easement Section 15, Dear Greg: GENERAL CONTRACTORS DesignlBuild F�Cf COpY We are in possession of your letter dated December 18th, 1996 to Shuford Mills Development Company. Please let me remind you: 1. That this is an easement not a roadway. 2. The City, in making the post office (as well as other properties) use this private easement has created and caused this pot hole problem. Therefore, we feet it is the City's responsibility to take on the financial burden of the repair work. 3, 1 requested a conference with the City concerning dedicating this easement and solving this problem' Instead you elected to take this action, I would think it would be in your best interest to work out a compromise, 4. We are aware that the City has set a precedent by fi:ung and maintaining the easement in the past_ If'you have any questions or concerns, please don't hesitate to call. Sincerely yours, AEDILE CON71 Arthur W. Bc 8660 Astronaut Boulevard, Suite #1 - Cape Canaveral, FL 32920 9 (407) 868-6700 - Fax: (407) 868-1()08 MY OF CAPE CANAVEnAL Mr. Arthur W. Berger Aedile Contractors, Inc, 8660 Astronaut Blvd. Suite. # I Cape Canaveral, FL. 32920 RE: Comrherce Street / Repairs C I *ty of Capie Canaver4 January 6, `1997 Your correspondence of December 31, 1996, has been forwarded to my attention for evaluation and final determination, Commerce Street is a private street by definition (see attached) The City of Cape Canaveral is prohibited by State Statute from expending tax moneys for private interests. The City of Cape Canaveral has not, in the past, made repairs, other than an open cut for the installation of utilities, by the city, with authorization of the property owners. City Ordinances require that private property owners maintain said property in an acceptable condition, Commerce Street is not being maintained in such condition, therefore, Code Enforcement action is appropriate and will continue. If further information- or explanation is necessary you may contact this office at (407) 868-1222 durin_normal working hours. IN G.7 -Moran, CBO Building Official /00000111 cc: Bennett Boucher, City Manager Greg Mullins, Code Enforcement Officer Shuford Development Co. file 10S POLK AVENUE 0 POST OFFICE anX igr * Pftpr nAmAiirm— � -- President Shuford Development Inc. P. 0. Box 228 Flickory, North Carolina 28603 Dear Mr. Shuford: NATURE SAVER TmFAXMEMO 01616, Date , I, , � "I #Of ItY 0 To F,om z Pages L �r� F GO /Dept Co. I1110111P # G`ter# 2 Fax # May 15, 1997 This letter is in response to your inquiry which I received today regarding the status of your original request concerning the dedication of certain roadways and the construction of the east -west segment of Tower Blvd. I have consulted with the City Council on your original request of May 6, 1997, Mayor Pro Tem. Rocky Randels was to have conveyed the City Council's, position, and I have been assured that he has done so. Your request for the above actions will, again, be discussed at the May 20, 1997 City Council meeting and attached you will find my recommendations regarding same. I would encourage your representatives to attend that meeting and, hopefully, a resolution can be reached. Regarding your statement that the City gave the post office an casement onto Commerce Street, a review of the minutes and tape recording of the September 27, 1995 Planning & Zoning Board meeting when the board approved the site plan for the post office, confirmed that it was disclosed to the City board that this was a private roadway and the applicant assured the City that he would work out all property egress and ingress requirements with your representative who, at that time, was Mr. George Firkins. It was understood by everyone at that meeting that the burden of egress and ingress was that of the applicant. If you have any further comments or concerns, please call me at any time. My door is always open to help resolve these issues, but the ultimate authority rests with the City Council. I look forward to meeting with you or your representatives next Tuesday. Sincerely Boucher City Manager BCB:kmrn Encs. cc: Honorable Mayor and Members of City Council City Attorney Public Works Director 105 POLK AVENUE * POST OFFICE BOX 326 0 CAPE CANAVERAL, FL 32920,0326 TELEPHONE 14071 868-1200 * FAX M71 799,-3170 City of Cape Canaveral City Council Regular Meeting Minutes Excerpt January 5, 1999 DISCUSION: 4. (Tape 2, goo) Tower Boulevard City Manager, Bennett Boucher reported that Mr. Shuford adamantly declined taking Tower Boulevard back. Mr. George Firkins presented numerous documents attesting that the City is obligated to pave Tower Boulevard. Council concurred that the issue must be addressed immediately. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to authorize the City Engineer to prepare drawings to let for bids and for Mr. Boucher to send a letter to Mr. Shuford outlining the City's intent to pave Tower Boulevard. REPORTS: City Manager's Report The meeting adjourned at 10:05 p.m. g:tcitycIkVrunutcslraguLu\I999%1-5-99.doc r3i3FIst January 13,1999 Mr. Ed Gardulski Director of Public Works City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 RE: SSA Fee Proposal for Tower Road Bid Package Dear Ed: SSA Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our fee proposal for updating the Briley -Wild (1991) construction drawings for the remaining segments of Tower Road. In general, SSA will obtain additional soil and site topography for the roadway segment (approximately 2,200+ ft.) to coordinate tie in road construction. A bid package for construction of the facility will also be a part of the work. SSA will be re-evaluating the earlier roadway designs to see if a cost savings in construction can be achieved. SSA's specific scope of services is as follows: SSA SCOPE OF SERVICES Task 1 - Data Collection: SSA will obtain shallow soil borings for the roadway along with a structural roadway design for the remaining segment of Tower Road. SSA will also obtain topographic surveys for the proposed roadway tie in points and drainage systems. Task 2 - Redesign of Roadway Plans: For the remaining roadway segments (approximately 2,200± ft) SSA will prepare a design package for completion. Construction drawings will include: • Cover Sheet • Plan & Profile Sheet • Typical Detail Sheet As a part of this work the City will furnish record drawings of existing utilities in the roadway rights- of-way along with the roadway rights-of-way maps. SSA will also prepare a bid package for construction of this segment of Tower Road. Task 3 - City Coordination: Throughout the work SSA will coordinate with City staff and will evaluate potential cost saving designs for Tower Road. Exclusions No SJRWMD permitting task is included as it is anticipated that the City will extend its' earlier permit with the District No landscaping or sidewalks are included as these items were not part of the original plans. STOMA STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407-783.1320 Fax 407-7837065 Uc. 0AAC000329 #EB0000762 ILB0006700 d: lcivitlprojectsVroposailp•tower road.doc Mr. Ed Gardulski January 13,1999 Page 2 SSA Fee Proposal - Tower Road Bid Package • No additional rights-of-way is proposed for this project. • Offsite designs are not a part of this project. SCHEDULES AND FEES Schedules: Upon receipt of written notice to proceed SSA will begin work immediately. It is anticipated that forty (40) working days will be required to obtain field data and complete the construction design. Fees: SSA's fees for Tasks 1- 3 above will be a lump sum fee of $4,500.00. The above fees include reproducible services for ten (10) sets of construction drawings and submittal sets for regulatory permit packages. Additional printing requested by the City will be invoiced at our cost plus 10%. SSA's fees will be invoiced once per month based on a percentage of work being completed and payment will be due within thirty (30) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal will be billed at SSA's standard hourly rates per our contract with the City or negotiated as a lump sum. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 15, 1998. Acceptance after this date may necessitate increased fees or altered conditions. Ed, we are looking forward to assisting you with this exciting project and are prepared to begin work immediately upon authorization. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP:jIs cc: Pat Dwyer d.kiviilprojectMproposaRp-tower road.doc ACCEPTANCE: BY: TITLE: DATE: Meeting Type: Regular NJ Meeting Date: 01-05-99 AGENDA Heading Discussion Item 4 No. pave and maintain a public road known as Tower Blvd. There was no stipulated time frame. There is no City AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: TOWER BLVD. DEPT./DIVISION: STREET/PUBLIC WORKS Requested Action: Mr. Hunt Shuford of Cevesco, Inc. has requested that the City Council commit to the construction of the remaining east/west section of Tower Blvd. He has rejected City Council's offer to retuirl the unpaved portion Of Tower Blvd. back to Cevesco, Inc. Summary Explanation & Background: A April of 1990, Cevesco, Inc. deeded the Tower Blvd. land to the city. The deed stated that the city install, pave and maintain a public road known as Tower Blvd. There was no stipulated time frame. There is no City Council motion, resolution or ordinance on record for acceptance of the dedication of this property. During this time frame, construction plans were drafted and there was a letter written by former city manager, Lea Nicholas, stating that once Cevesco, Inc. had executed the deeds, the city would proceed with the paving project. ' Currently the north/south section of this roadway is complete. City Engineers SSA provided an estimate of approximately $115,000 to construct the remainder of this roadway. Does the City Council wish to proceed with this project? If so, it will have to be funded with general fund reserves. Please advise. Exhibits Attached: Deed/Nicholas letter/SSA construction estimate/Shuford's letter of 12/28/98 City A s " f ice Department STREET/PUBLIC WORKS g:/admi u eeting/1 9/01 er.doe 2 DEC. -28' WNW 15:38 TREASURER TEL. 7043226, P. 001 Shuford Development, Inca Post Office Box 2228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 December 28, 1998 Mr. Bennett C. Boucher City Manager - CITY of Cape Canaveral 105 Polk Avenue P-0- Box 326 Cape Canaveral, FL. 32920-0326 RE: Tower Boulevard Dear Mr. Boucher: Pursuant of your request for a written response to the City of Cape Canaveral's offer to return the unpaved portion of the Tower Blvd. right of way, less any utility easements, quit -claim deeded by Cevesco, Inc. to the City of Cape Canaveral on April 24, 1990: Cevesco, Inc, does not accept the offer. C. Hunt Shuford, Jr. President. Shuford Devcloprnent, Inc. and Cevesco, Inc. cc: Mr. A. Alex Shuford, 11, Vice -Chairman, CV Industries, Inc. Mr- Michael M. Wallis, Esquire P.O. Box 1210 Melbourne, FL 32902.1210 \\STSVRI\userr\l-lShuford\CEVF-SCO\Refu.saI of CC offer to return Tower, Dec. 28, 1998,doc MEMORANDUM DATE: December 9, 1998 TO: Ed Gardulski Public Works Director FROM: John Pekar, PE SSA SUBJ: Engineering Construction Cost Estimate for Paving and Drainage of Final Road Segment of Tower Road, Cape Canaveral, Florida General The following construction paving and drainage estimate for segments of Tower Road has been prepared based on Briley Wild & Associates plans dated 216191. Other pertinent items for this estimate include: 1. Roadway construction has been estimated from approximately Sta. 11+00 to Sta. 267ffirom the above referenced plans. 2. No soil borings or recent survey cross sections have been furnished to SSA. Subsurface soil costs and earthwork quantities may be required based on this field data. (Contractor items should be included in the bid document for these conditions.) 3. Placement of culverts at existing "paved" intersections will be necessary. (No costs for repaving these two areas have been included as a line item in the estimate, although the pipe costs have been added. Repaving has been included in the contingency.) 4. No record drawings for existing utilities have been supplied to SSA. Contractor should verify all utilities prior to bidding on work. 5. Some transition paving costs should be anticipated with this project These costs have also been included in the contingency. STOTMER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. - 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 407-783.1320 Fax 407-783.W65 Page 1 Of 2 Uc. #AkOW329 #EB0000752 #LB0006700 t' ri•�, ,;M.n;wrfeir�oelm-iawer cost estimate.doc "Great To Work For... 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Totai ;Puce `. 1 Mobilization 1.0 L.S. $ 10,000.00 $ 10,000.00 2 Construction Survey 1.0 L.S. $ 5,000.00 S 5,000.00 3 Laboratory Testing 1.0 L.S. $ 2,500.00 S 2,500.00 4 Clearing & Grubbing 1.9 AC. $ 1,500.00 $ 2,850.00 5 1-1/2" Type S-1 A.C.S.C. 3735.0 S.Y. $ 3.25 S 12,138.75 6 8" Limerock Base 4045.0 S.Y. $ 6.50 S 26,292.50 7 10" Stabilized Subgrade 4665.0 S.Y. $ 3.75 $ 17,493.75 8 6" Stabilized Shoulder 1556.0 S.Y. $ 3.00 S 4,668.00 9 Swale Excavation' 1170.0 C.Y. $ 3.00 $ 3,510.00 10 Swale Ditch Block (w/Sodding) 8.0 EA. $ 250.00 $ 2,000.00 11 14" x 23" ERCT' 174.0 L.F. $ 25.00 S 4,350.00 12 14" x 23" M.E.S. 6.0 EA. $ 500.00 S 3,000.00 13 Sodding 622.0 S.Y. $ 1.60 S 995.20 14 Seed & Mulch 4980.0 S.Y. $ - 0.30 S 1,494.00 Sub -Total S 96,292.20 20% Contingency S 19,258.44 :'::......:...Total . $ 1:1:5;550 64 } civ Td:kcMllcapeltower blvd cost estimate Page 2 of 2 Vi dein , ee salf•addressod stamped onvelop.0 a Jala'e: 3. Theriac r,.u: 96 Willard Street Suite 302 -Cocoa, Florida 32922 ils frulrument Preptred by: James S . The r iac trey: 96 Willard Street Suite 302 Cocoa, Florida 32322 848367 u 90 APR 27 Atfll: 24 L Z' _..._ 11rr r• 47 Chili t:a"ti Aetat IiI.ICiitt i 11,avard t:o., Itot Wit SPACE ABOVE IRIS LIVE FOR PROLESSINO DATA SPACE ABOVE THIS LINE FOR RECDROINO OATA This Quit -Maim Deed, Exrenlarl Ibis PYLi tiny of p1prI 1 A. D. i990 , by CEVESCO, INC., a Florida Corporation first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida wltoseposlofficedddressis post Office Box 326 Cape Canaveral, Florida 32920 second party: (Whera.'er ared hoeie the true. '•Finl party • "If •'"r.ad pun•' rh.11 i tmb riagd.r red Aural, hrirr, lord rePrereeutiw. .ed .riser..1 indiridualr, .ed the trr.em.rr amt euiear of errrp.ruiam, wh" r the saete.t w .datit. or r.toeives.) litnesseth, That lite said first poorly, for and -in ronsideroliart of the joint of S 10.00 in hand paid by filo said second party, Ilia receipt u,isereof is lterelty acGnnurledued, dues hareby remise. re. lease and quil•clairrs unto the said saeond party forever. all Ilse rigid, title, inleresl, claim anti demand tultieh Ilto said first party has in and to lite following described lot, piece or parcel of land. situate, lying and being in Ilia County of Brevard State of Florida , to -wit: See Exhibit "A" attadhed hereto and incorporated herein by this reference. The purpose of this quitclaim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpot;a- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to install', pave and maintain a public road known as Tower Boulevard in the right-of-way described In Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for Cite cost of such installation, paving and maintenance. 10 '10 31ave and to NOW Ilse same Iogalher wilh all and singular file appurtenances Iltermrnto belonging or in anywise appertaining, and all floe estate, right, Title, interest, lien, equity and claim what- saevcr of Ilia said first party, eilbor in law or equity, Io Ilia only proper rose, bonaflt and bahoof of Inas '.W.9" second party forouar. rail+ri"'' In Witness bliereof, Tito said first pnoy bas s'Im'd and serob-d Riese pre4yfi:Flt,VTeY lrtrl(7j;7"Ar'.-- first nbovc writlan., COINC. a Flor .e7a-1 , , _ QZr�pR►7r' i})�,; Sigoierl, sealed and delivereddeliveredin p►osmtce. uf CE 3. : r•�; C s, b+�ttiiir�s r.{�r( ..... ............(.h..... q.. ............................ By..'. � � ern•: ,r' f ,V �r • �'�fdw.Yjr�.��' A�.IO.E. r�. •�.a.:i'r ••rr"4Ur111;..lfftiYY��y`� r 1...L..:....i, axcarr.%................. A.t;testi.i....................................................... ............ 2 „t S'rA'r E OF FLORIDA, COUNTY OF I 1191I.EnY CERTIFY that on this day, before .alt•. e, all r• offirer duly authorised in lite State aforesaid and in tile es e County aforesaid to take arknowlydgtnep�t,,y!'T. 117.. oiJ+fX fd ;:•...., iy= GtoryG f/. Firieiet, 7r• �11R. •�,_�: its ase known to he the personSdeseribrd in and who eotreuird the foregoing instrument and til .lfs"•ttt� �i •rl kTad 1tr•rdre the ilial they executed the same. on behalf of said Corporati u:.rW, V, r. {�ITNFSS my hsnd angdgollicial teal in the County anti State last aforrriahl this . '�r'r 7 Nnt±itnl+rif.tG•�ft:de �f ria wa n: I.arnn .�.I.CGII•/! ....!/ .. at r =,t^I s. ..,rr`o";q•+ rY r:xu t it I !� r SURVEYOR'S,DE£CRIPTION: (CENTRAL BOULEVARD) A STRIP OF' LAND 100.00 FEET IN WIDTH LYING 50.00 FEET ON EACH SIDE OF TILE FOLLOWING DESCRIBED CENTER LINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 15, THENCE N 35 46'12" W, FOR A DISTANCE OF 401.26 FEET TO A 1/2" IRON ROD IN THE CENTERLINE OF STATE ROAD 401, A 100.00 FOOT RIGHT OF WAY AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 70080-2202, APPROVED 9-2-59; THENCE N 37 22112" W, AS A REFERENCE BEARING ALONG SAID CENTERLINE, FOR A DISTANCE OF 2037.55 FEET TO A NAIL; THENCE S 62 37'48" W, FOR A DISTANCE OF 50.77 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 BEING TIIE POINT OF BEGINNING; TIIENCE CONTINUE S 62 37'48" W, FOR A DISTANCE OF 374.73 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 611.05 FEET; THENCE WESTERLY, ALONG TIIE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 27 54'52", FOR A DISTANCE OF 297.70 FEET TO A POINT OF TANGENCY; THENCE N 89 27'20" W, FOR A DISTANCE OF 1008.73 FEET TO THE POINT OF TERMINATION OF SAID 100.00 FOOT STRIP OF LAND. SAID 100.00 FOOT OF LAND BEING BOUND ON TIIE EAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 AND ON THE WEST BY A LINE PASSING THRU THE POINT OF TERMINATION BEARING N 00 50'54" W. AND TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP; ON THE NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND ON THE SOUTH BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET CONCAVE TO THE SOUTH, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO TIIE SOUTHEASTERLY LINE OF SAID 100.00 FOOT STRIP OF LAND. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE SOUTHEAST BY THE NORTHWESTERLY LINE OF TIIE ABOVE DESCRIBED 100.00 FOOT STRIP; ON VHE NORTHEAST BY TfiE SOUTHWESTERLY RIGHT OF' -WAY LINE OF SAID STATE ROAD 401; AND 7N TIIE NORTHWEST BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET CONCAVE TO CITE NORTHWEST, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO TETE AORTHWESTERLY LINE OF SAID 100.00 FOOT STRIP OF LAND. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL OF LAND BOUNDED AS FOLLOWS: ON VH E NORTH BY THE SOUTH LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP OF LAND; ON rllE WEST BY THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE WEST 60.00 FEET OF SAID 100.00 FOOT STRIP OF LAND AND ON THE SOUTHEAST BY THE ARC OF A CURVE HAVING N RADIUS 25.00 FEET CONCAVE TO THE SOUTHEAST, TANGENT TO THE SOUTHERLY EXTENSION )F SAID EAST LINE AND TO THE SOUTH LINE OF SAID 100'.00 FOOT STRIP OF LAND. LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD LOOK 782 AT PAGE 150 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE 'ARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF TERMINATION OF THE XBOVE DESCRIBED 100.00 FOOT STRIP OF LAND; THENCE N 00 50'54" W, ALONG THE WEST ,INE OF SAID 100.00 FOOT STRIP OF LAND, FOR A DISTANCE OF 31.91 FEET TO THE JOINT OF BEGINNING; TIIENCE CONTINUE N 00 50'54" W, FOR A DISTANCE OF 18.10 FEET; CIIENCE S 89 27'20" E, FOR A DISTANCE OF 19.83 FEET; THENCE S 31 38'24" E, FOR A )[STANCE OF 4.99 FEET; THENCE S 58 21'36" W, FOR A DISTANCE OF 26.05 FEET TO THE 'OINT OF BEGINNING. OFF. REC. PAGE 13. City Manager's Report Mr. Nicholas reported on the signs, lighting and painting at the Library. He noted that there was paint peeling from an inside exterior wall of the building. Fie reported on the Beautification projects which is mostly replacing plants damaged by the freeze, mowing and general main- tenance. fie also noted that CEVSCO had' signed a quit claim deed on Tower Boulevard. The Purchase Order for the traffic light at AlA and Canaveral Beach had been issued and the work on the Long Point Road Sewer extension was underway. fie informed Council that the VFW had received several sugges- tions regarding places for the Veterans' Memorial to be placed, including Cheri Down Park, NE corner of Library Property and a few other locations. He noted that the Memorial would be one that would be an asset to the City. Mr. Randels and Mrs. Thurm supported the idea of the Memorial being placed at the Library. The question was raised regarding the enforcement of parking at Harbor Heights. Sgt. McGhee has been instructed to enforce all violations. There being no further business, the meeting was adjourned at 10:00 P.M. Anqel R. Taylor Deputy City Clerk City Council Workshop Meeting April 26, 1990 Page 3 of 3 r of Cape Canaveral 105 POLK AVENUE - P,O. BOX 328 CAPE CANAVERAL. FLORIDA 32920 TELEPHONE 407 783-1 100 April 19, 1990 P.O. Drawer "S" Cape Canaveral, FL 32920 Dear George: '4 Thank you for your prompt reply in having the surveys made of the Tower Boulvard relocation and of west Central Avenue, The City Attorney has prepared Quick -Claim Deeds for these roads, and once they are executed we will proceed with the paving project as we have discussed. Your cooperation in this matter is greatly appreciated and will certainly result in improvements which will benefit the City and Cevesco. Sincerely, Leo C. NichoLas City,Manager LCN/ab DATF— TO: CONTANY. A= - FAX NANM: ILI T=: FAX NO: (407) 799-j '170 MqARKS: OF= Telephone: (407) 368-1230 c=echrgAi. jLSL-Ltc_fLus Web Page: http�/fcm:stam.fLus/c=e/ n 4 - CEVESCO, INC., a corporation organized and existing under the laws of the State of Delaware, and duly qualified to do business in the State of Florida, party of the first part, does hereby grant, bargain and sell to the City of Cape Canaveral, a municipal corporation, party of the second part, whose post office address is 105 Polk Avenue, Cape Canveral, Florida 32920 , for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by said party of the second part, receipt whereof is hereby acknowledged, the following described land situate, lying and being in the County of Brevard. State of Florida, to wit: A portion of Section 15, Township 24 South. Range 37 East, City of Cape Canaveral, Brevard County. Florida, move particularly de- scribed as follows: Commence at the Southeast corner of said Section 15; thence N89027020"W along the South line of said Section for a distance of 781.10 feet; thence N00032'40"E for a distance of 942.28 feet to a point on the Westerly right of way line of State Road A -1-A. a 100.00 foot right of way, thence S52038'50"W along the centerline of Tower Boulevard. a 60.00 foot undedicated right of way, for a distance of 911.00 feet to the Point of Beginning; thence S37°21'10"E for a distance of 5.00 feet; thence S52°38'50"W for a distance of 10.00 feet; thence N37°21'10"W for a distance of 10.00 feet: thence N52'38'50"E for a distance of 10.00 feet; thence 537'21'10"E for a distance of 5.00 feet to the Point of Beginning. Containing 100.00 square feet. This Deed is given to the City of Cape Canaveral for the purpose of FILE: COPY DEED AND EASEMENTS conveying title to a parcel of land on which has been constructed a CEVESCO, INC., a corporation organized and existing under the laws of the State of Delaware, and duly qualified to do business in the State of Florida, party of the first part, does hereby grant, bargain and sell to the City of Cape Canaveral, a municipal corporation, party of the second part, whose post office address is 105 Polk Avenue, Cape Canveral, Florida 32920 , for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by said party of the second part, receipt whereof is hereby acknowledged, the following described land situate, lying and being in the County of Brevard. State of Florida, to wit: A portion of Section 15, Township 24 South. Range 37 East, City of Cape Canaveral, Brevard County. Florida, move particularly de- scribed as follows: Commence at the Southeast corner of said Section 15; thence N89027020"W along the South line of said Section for a distance of 781.10 feet; thence N00032'40"E for a distance of 942.28 feet to a point on the Westerly right of way line of State Road A -1-A. a 100.00 foot right of way, thence S52038'50"W along the centerline of Tower Boulevard. a 60.00 foot undedicated right of way, for a distance of 911.00 feet to the Point of Beginning; thence S37°21'10"E for a distance of 5.00 feet; thence S52°38'50"W for a distance of 10.00 feet; thence N37°21'10"W for a distance of 10.00 feet: thence N52'38'50"E for a distance of 10.00 feet; thence 537'21'10"E for a distance of 5.00 feet to the Point of Beginning. Containing 100.00 square feet. lying and being in Brevard County, Florida, to wit: PeTi"h tC :/ REC FEE E `�'REe,n PAYMENT AS This Instrument Prepared by DOC ST. $ VDICAlfD I ON CLASS J. M. STARLING INT TAX $ 'L INIAtt ULf & WC E $ $IAMP TARE WITH, 1101103. STA`11N6, P. A. REFUND S 00 Palm Ave. P. O. Sox 669 TitusvlUe, Fla. 32780 pEIACAC3MCoisterewiOGu rbw� This Deed is given to the City of Cape Canaveral for the purpose of co conveying title to a parcel of land on which has been constructed a -4 . W sewerage lift station, and should this use of said property be ever o fes) o C:) �^ discontinued or abandoned by the City of Cape Canaveral, title of -the CO a __j n land described above shall revert to Cevesco, Inc., its successors and assigns. EASEMENTS CEVESCO, INC. also hereby grants, bargains and sells to the City of CO: Cape Canaveral, an assignable, non-exclusive easement for street a• N right-of-way and utility lines, including the right to construct, ti N emplace, maintain. inspect, operate, protect, repair, and remove such L'3 '3 3.- " c� utilities over, under and across the following described lands situate. N lying and being in Brevard County, Florida, to wit: PeTi"h tC :/ REC FEE E `�'REe,n PAYMENT AS This Instrument Prepared by DOC ST. $ VDICAlfD I ON CLASS J. M. STARLING INT TAX $ 'L INIAtt ULf & WC E $ $IAMP TARE WITH, 1101103. STA`11N6, P. A. REFUND S 00 Palm Ave. P. O. Sox 669 TitusvlUe, Fla. 32780 pEIACAC3MCoisterewiOGu rbw� PARCEL 2 - Easement A portion of Section 15, Township 24 South, Range 37 East, City of Cape Canveral, Brevard County. Florida. being a strip of land 100.00 feet in width lying 50.00 feet on each side of the following described centerline: Commence at the Southeast corner of said Section 15; thence N X0' 89°27'20"W along the South line of said Section for a distance of o��g/ 1532.48 feet; thence N00°32'40"E for a distance of 1907.62 feet to �tv' a point on the Westerly right of way line of State Road A -1-A, a 4 q 100.00 foot right of way, the Point of Beginning; thence S 62°38'50"W for a distance of 378.00 feet to a point of curvature of L ��o a curve to the right having a radius of 611.05 feet; thence Southwesterly along the are of said curve thru a central angle of \ 27°53'50" for a distance of 297.52 feet to a point of tangency; (X thence N89°27120"W for a distance of 1007.77 feet to the Point of Termination. Said 100.00 foot strip of land is bounded on the East by the Westerly right of way of State Road A -1-A and on the West by the Westerly right-of-way line of Tower Boulevard, an undedicated 60.00 foot right of way, being a line bearing N00°50'54"W. V The City of Cape Canaveral and its assigns shall utilize the ,,> n J m easements herein granted in such a manner that such use does not unduly V interfere with the use by others of the easement areae for purposes of ingress and egress and other utilities. .IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its proper officer, and its 6orp6rate seal to be affixed, the day and year above written. C SCO, IN. ' tCOit80RA'YB, SLAL) ��a/,►� By. o• } ° eok�eHC irkins, Jr.. �' e) '' Vice President PARCEL 1 - Easement A portion of Section 15, Township 24 South, Range 37 East, City of Cape Canveral, Brevard County, Florida, being a strip of land 60.00 feet in width lying 30.00 feet on each side of the following described centerline: Yv Commence at the Southeast corner of said Section 15; thence N89°27120"W along the South line of said Section for a distance of 781.10 feet; thence N00°32'40"E for a distance of 942.28 feet to a 16_� point on the Westerly right of way line of State Road A -1-A, a S 100.00 foot right of way, the Point of Beginning; thence 4 52°38'50"W for a distance of 958.13 feet to a point of curvature of a curve to the right having a radius of 349.73 feet' thence \ Southwesterly along the arc of said curve thru a central angle of Qi 37°53'50" for a distance of 231.32 feet to a point of tangency; thence N89°27'20"W for a distance of 158.78 feet to a point of curvature of a curve to the right having a radius of 1043.56 feet; thence Westerly along the arc of said curve thru a central angle of 27"06'26" for a distance of 493.72 feet to a point of tangency; thence N62°20'54"W for a distance of 186.60 feet to a point of curvature of a curve to the right having a radius of 1050.00 feet; thence Northwesterly along the arc of said curve thru a central angle of 61°30'00" for a distance of 1127.05 feet to a point of tangency; thence N00°50'54"W for a distance of 321.05 feet to the Point of Termination. Said 60.00 foot strip of land is bounded on the East by the Westerly right of way of State Road A -1-A and on the Northwest by the North right of way line of Central Boulevard, an undedicated 100.00 foot right of way, being a line bearing N89027120"W. PARCEL 2 - Easement A portion of Section 15, Township 24 South, Range 37 East, City of Cape Canveral, Brevard County. Florida. being a strip of land 100.00 feet in width lying 50.00 feet on each side of the following described centerline: Commence at the Southeast corner of said Section 15; thence N X0' 89°27'20"W along the South line of said Section for a distance of o��g/ 1532.48 feet; thence N00°32'40"E for a distance of 1907.62 feet to �tv' a point on the Westerly right of way line of State Road A -1-A, a 4 q 100.00 foot right of way, the Point of Beginning; thence S 62°38'50"W for a distance of 378.00 feet to a point of curvature of L ��o a curve to the right having a radius of 611.05 feet; thence Southwesterly along the are of said curve thru a central angle of \ 27°53'50" for a distance of 297.52 feet to a point of tangency; (X thence N89°27120"W for a distance of 1007.77 feet to the Point of Termination. Said 100.00 foot strip of land is bounded on the East by the Westerly right of way of State Road A -1-A and on the West by the Westerly right-of-way line of Tower Boulevard, an undedicated 60.00 foot right of way, being a line bearing N00°50'54"W. V The City of Cape Canaveral and its assigns shall utilize the ,,> n J m easements herein granted in such a manner that such use does not unduly V interfere with the use by others of the easement areae for purposes of ingress and egress and other utilities. .IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its proper officer, and its 6orp6rate seal to be affixed, the day and year above written. C SCO, IN. ' tCOit80RA'YB, SLAL) ��a/,►� By. o• } ° eok�eHC irkins, Jr.. �' e) '' Vice President STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day personally appeared before me, an officer authorized to administer oaths and take acknowledgments, George H. Firkins, Jr., Vice President of Cevesco, Inc., a Delaware corporation duly qualified to do business in the State of Florida. and he acknowl- edged before me that he executed the foregoing Deed and Easements as such officer on behalf of said corporation freely and voluntarily for the purposes herein expressed. and that the seal affixed hereto is the true corporate seal of said corporation. 7 WITNESS my hand and official seal this day of v/ , 1984. Notary Yubj c. •l, My Commission 1Xp:Cr' filt.L G Notary PAriic. Slalq o"aida . FAy Commission Expires Sept b+3!,;,i::.' 69"d OFF. REC. :PAGE 2497 2393 HP OfficeJet Personal Printer/Fax/Copier Identification 6396690 Fax Log Report for City of Cape Canaveral 407-799-3170 Dec -11-98 11:47 AM Result Pages T."—e Date Time Duration Diagnostic OK 04 Seat Dec -11 11:44A 00:02:27 002485030022 7-31-1998 4:429M FROM AMARI THERIAC. P. A, , 40-76S96690 R I LAW OFFICES AM-AR1 & THERIAC, P.A. Aftmaya mid CMwsalorn At Law ME= Rery TQ: Cocoa P-0 B*X BMW Rwr B440% sr carr s X"Ity Freftft Anthony A. Garpnese hotcheu 8. Gakhn9ft J. wetley Row2r, Lou MurtneW 11 Mark S. Pkia-ro ))Ovid M.Premick Chmies A. & . einberg luman S. Tkeriac, III 4*Admftftd PA, VA, rN mV VIA IA'C9J�MX 242-8978 Mr, Dan Gallagber APAC-Plorida, Inc. Mac.asphalt Division Post Office Box 411029 Melbourne, Florida 32941-1(V-9 I I : OEM I 021�� wf*r�xwr &P=" 96Wmard ftvd,, safte M F.OJ IM7 Cocoa, Morida 31923 -IM Telq4kont (407) 699-1320 Fun (4(M 6ML600 ----------- YMIMVW Phmn Suite 9104 670 N, M5VIdtaM Rom Melboame, Mar;ik IV -040 TdcIALmm (40Z 169 -"Il *Nx (40M 259 -6Q4 In connection with the abovc referenced quote, which you provided to Ed Gardulski, as the Public Works, Director for the City of Cape Canaveral, please be advised that I have in my possession, pursuant to the termsof a Settlement Agreement with the property owners along Co=erce Street, cheoks toWing $8,000.00, which have been deposited in my trust account to be utilized for the improvements, Pursuant to the terms of the Settlement Agreetioent, 1, as, Escrow Age:nt, have agreed to he itisburse the Ainds to you once the improvernents have beell Completed to the satisfaction of f City. Therefore, I hereby agree, subject to collection and clearance of tbe funds, to disburse a sum not emeeding $8,000;.00 to APAC-Florida, hie. j1pon conipletion of the improve=nts to the satisfixetion,of the City. If you have any qvivid ons, please do not hesitate to contact me. ohn ennett, E ire cc., Bennett C. Boacher 07/31/98 16:46 TX/RX N0.5514 P.001 IM an al nVA 1 if; W"i"'."w; nBaddIDO SAW. �tl-jjer�!� TANKMAE AMR mranyadimW'. W&A abilopf : -.. "'I imagm lzjtuasllr�'i� -wip zmll ad; al "Kip lo -i . ........... to is MR - an al nVA 1 if; W"i"'."w; nBaddIDO SAW. �tl-jjer�!� TANKMAE AMR mranyadimW'. W&A abilopf : -.. "'I imagm lzjtuasllr�'i� -wip zmll ad; al "Kip lo -i . ........... to THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 July 27,1998 Mr. Bennett Boucher City of Cape Canaveral 105 Polk Ave. Cape Canaveral FL 32920-3170 Re: Commerce Ave. Dear Mr. Boucher, Florida Office 4693 South Atlantic Avenue Ponce Inlet, Florida 32127 Phone No. 904756-2116 Fax No. 904767-6651 Please find enclosed a cashiers check drafted to the Kohn Bennett Trust for the costs charged to me for the resurfacing of Commerce Ave. per the settlement agreement dated June of 1998. If there is anything else that you may require, please do not hesitate to contact the writer. Yours truly, William J. Kuczek cc: Robert T. Wilkes Jr. Telephone.- (4Oi7) 868-123 r:. r'rr i Web w,w_ Mtr ww r 17 ATTR`: NUNME. 4F PAGES ONCLU. ING CO -v t PAGE): E): FAX NO: (40"7) 799-3170 MMARKS: c2, 1.1---, JUL 21 9,9 03:26P,11 t'IHCI�SPHALT HELBOURil,C July v, 1998 APAC-Florlida, Inc, N'T' Xasphalt Division P.0, Box /1:11029 Melbourne, FL 32941-10129 Office 407/242-0236 m FaX 40'7/242-8878 TO: Ed Gardu1.s1-;1 Public Works Director City of QGPC Canaveral RQ: Quote for Commcrce&reel, Capp; Canaveral)TI, OUT Ed: Per Out t4c]?110110 conservation MondAy July 20, 1998,, filld a Wl of notes wid quote for work to be done on Commerce Street. Notes: 1) All permits or foes are not included In this pupo.s,21 and arc to be fianishcd by owner, 2) Macasphalt will not be responsible favor aa� utilities drat need to isrulocaicd during coib,,Li 3);140T is based on cl4ming one lane of two , of read to tTafflc tirOuglioui Paving Oparafion, 4) This work includes one (1) mobilizati011 to ck,111pictcall work,any additional moWIi2atlons m(plifd will be an additional S 750.00 por,,jobilization, 5) All signalization to W done by others. 6)1.11 ticstiq to be by othars, 7) Find listed below &scriptioA of work to be donc, and unit pirlicug to do this work, 8) This work will improve any current draill,19D pTablems, but Macasphalt can 11ot guaramw l00% positivic drainage, If Y011 have imy father question!;, please call 111c, Description Adjust water valves Pothole p"110ing CIQUn & sweep roadway I" Typic -111 Asphalt Qvrlay Striping Quxa,-- 2 45.06 90ioo 1,220 2.40 $22,928.00 1 LS #ffif"49 $ 10,00 t X28 SY 2,98 $4,553.44 i's #104# 32 .tt Egftaled. Total 87,996.44 R maciasphalt Division THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 June 2,1998 Mr. Bennett C. Boucher City of Cape Canaveral Fl 105 Polk Ave. Cape Canaveral FL 32920-3170 Re: Commerce Street Construction Project Dear Mr. Boucher, elv-AAnrp. '41-10 DISTPISUT'oo Mayor City Council City M;;r. City atty. Building viii. i Finance Dii i Florida Office 4693 South Atlantic Avenue Ponce inlet, Florida 32127 Phone No. 904756-2116 Fax No. 904767-6651 Please be advised that myself and the postal service facilities service dept. are in favor of a special assessment for the commerce street construction. We would like however to know bow the percentage of costs would be appropriated. Would they be by the frontage percentage? Please let we know how the meeting went. Sorry I could not attend. Yours truly, William J. Kuczek SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, is entered into this day of June, 1998, by and among the CITY OF CAPE CANAVERAL, FLORIDA, a Municipal Corporation ("City"); WIIILIAM J. KUCZEK, AS TRUSTEE OF THE WILLIAM J. KUCZEK TRUST DATED MARCH 23, 1993 ("Kuczek"); ARTHUR W. BERGER, JR. and JEANNE A. BENSON, his wife (`Berger"); and ALLISON STORAGE CORPORATION, a Florida Corporation ("Allison"), as follows: WITNESSETH: WHEREAS, Cevesco, Inc. owns fee simple title to that certain private roadway located within the City known as Commerce Street; and WHEREAS, Kuczek owns that certain real property located at , Cape Canaveral, Florida, lying adjacent to Commerce Street to the west for the full length of the street, which property is presently utilized as a United States Post Office; and WHEREAS, Berger owns those certain parcels of real property described as and 8660 Astronaut Boulevard, Cape Canaveral, Florida, both lying adjacent to Commerce Street to the southeast for approximately one-half (1/2) of the length of the street; and WHEREAS, Allison owns that certain real property described as 8570 Commerce Street, Cape Canaveral, Florida, lying adjacent to Commerce Street to the northeast for approximately one-half (1/2) of the length of the street; and WHEREAS, Commerce Street, as a private roadway, was not constructed to specifications necessary for a roadway to be constructed within the City's roadway framework, and as a result is in very poor condition; and WHEREAS, due to the increased development of the area surrounding Commerce Street, and the resulting increase in public use of said street, the City is interested in the proper maintenance of said street for the interest of the public; and WHEREAS, the City's ordinances prohibit the City from accepting public dedication of any road or street not meeting the minimum specifications and requirements of the building code; and WHEREAS, the parties hereto have mutually agreed that it is in theirs and the public's best interest that the road be repaired and maintained for protection of the public. NOW, THEREFORE, the parties hereto agree as follows: 1. Kuczek, Berger, and Allison (hereinafter "Landowners") hereby agree to repair, at their cost and expense (estimated at $8,000.00), Commerce Street, by placing a new asphalt top coat the full length of the street. The Landowners further agree to excavate a portion of the western end of Commerce Street prior to the application of the top coat in order to strengthen the roadway at its abutment to S.R. AIA. To this end, the Landowners hereby appoint Arthur W. Berger, Jr., as a principal of Aedile Contractors, Inc., as their general contractor, construction manager and agent. The Landowners shall commence the repairs within five (5) days of the execution of this Agreement. 2. The repair costs shall be paid by the Landowners as follows: Kuczek $4,000.00 Berger $2,000.00 Allison $2.000.00 Fa TOTAL COSTS: $8.00a.00 3. The parties hereby agree that, upon execution hereof, the Landowners shall deposit the above mentioned costs into escrow with Kohn Bennett, Esquire ("Escrow Agent") to be disbursed as hereinafter provided. The parties agree that the funds shall be placed in a non-interest bearing trust account. 4. The City agrees to waive all permit fees, impact fees, and plan and review fees, if any, for the repairs. 5. The parties agree that no funds wHl be disbursed until such time as the repairs are complete. 6. If at the time there is any pending or threatened litigation as to Escrow Agent's obligation or liability hereunder or right to transfer and/or distribute pursuant to the provisions of this Agreement, Escrow Agent, at its election, and without any risk or liability, may deliver said monies to the Clerk of the Court of appropriate jurisdiction in an interpleader action. 7. In the event that Escrow Agent institutes an action in interpleader or follows any written instructions or disburses the funds in accordance herewith, Escrow Agent shall have no further duties or obligations hereunder of any nature whatsoever. Neither the disbursement of the monies deposited nor the termination of this Agreement or the escrow created hereunder, nor the resignation or removal of Escrow Agent, nor any other event, shall in any manner impair any of the rights granted to Escrow Agent under this Agreement. The City agrees to indemnify and hold Escrow Agent harmless from any loss or liability, including reasonable attorney's fees, incurred as a result of this Agreement, except as caused by willful neglect of Escrow Agent. 8. This Agreement sets forth an entire understanding of the parties and shall not be 3 altered or amended except by a written instrument signed by all the parties. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by and against the respective successors and assigns, heirs and legal representatives of each party hereto. 9. This Agreement shall be deemed a Florida agreement and it shall be construed, and interpreted in accordance with the laws of the State of Florida. 10. Subject to the provisions of this Agreement, the parties hereto agree to execute and deliver all such further instruments and take such further action as may be reasonably necessary or appropriate to carry out the provisions of this Agreement and the intention of the parties as expressed herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: Sandra O. Sims, City Clerk WITNESSES: WITNESSES: 4 CITY OF CAPE CANAVERAL, FLORIDA By: Rocky Randels, Mayor WILLIAM J. KUCZEK TRUST DATED MARCH 23, 1993 By: William J. Kuczek, Trustee ATTEST: ARTHUR W. BERGER, JR. JEANNE A. BENSON ALLISON STORAGE CORPORATION The Escrow Agent joins in the execution of this Settlement Agreement only for the purposes of agreeing to act as Escrow Agent under the terms set forth herein. ESCROW AGENT: KOHN BENNETT, Esquire Date: 5 DATE: TO: CONMANY-, ATIN- I�Ax NO: NUNMER OF PAGES ONCLUDING COVER PAGE): Z FAX NLO: (407) 799-3 ill RE&LkRKS: 105 POLK AVESTUE, P. 0. BOX J-26 CAPE CANAVERAL, FL 32920-0326 Telephone: (407) 868-1230 E-N.MmE =echCq)=ailsmteaus Web Page: http://'ca s JLus/cape/ 06/17/98 09:09 4077993170 CITY CAPE CANAV. P.001 *************************** ACTIVITY REPORT ***** TRANSMISSION OK TX/RX NO. 5000 CONNECTION TEL 12483520335 CONNECTION ID START TIME 06/17 09:06 USAGE TIME 02'21 PAGES 6 RESULT OK *!«,« 77 'ql� YT!IM » a&a!! ■0�a:%)!&A,a(,+§*ew#�,*,eAq. 70% &CSQ£J231I Al, VDI ]11TV ! A . _ R IT 1)"1 1,3 :S`§§ §y!?3DI,? )0 JB § SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, is entered into this day of June, 1998, by and among the CITY OF CAPE CANAVERAL, FLORIDA, a Municipal Corporation ("City"); WH LIAM J. KUCZEK, AS TRUSTEE OF THE WILLIAM J. KUCZEK TRUST DATED MARCH 23, 1993 ("Kuczek"); ARTHUR W. BERGER, JR. and JEANNE A. BENSON, his wife ("Berger"); and ALLISON STORAGE CORPORATION, a Florida Corporation ("Allison"), as follows: WITNESSETH: WHEREAS, Cevesco, Inc. owns fee simple title to that certain private roadway located within the City known as Commerce Street; and WHEREAS, Kuczek owns that certain real property located at , Cape Canaveral, Florida, lying adjacent to Commerce Street to the west for the fiill length of the street, which property is presently utilized as a United States Post Office; and WHEREAS, Berger owns those certain parcels of real property described as and 8660 Astronaut Boulevard, Cape Canaveral, Florida, both lying adjacent to Commerce Street to the southeast for approximately one-half (1/2) of the length of the street; and WHEREAS, Allison owns that certain real property described as 8570 Commerce Street, Cape Canaveral, Florida, lying adjacent to Commerce Street to the northeast for approximately one-half (1/2) of the length of the street; and WHEREAS, Commerce Street, as a private roadway, was not constructed to specifications necessary for a roadway to be constructed within the City's roadway framework, and as a result is in very poor condition; and WHEREAS, due to the increased development of the area surrounding Commerce Street, and the resulting increase in public use of said street, the City is interested in the proper maintenance of said street for the interest of the public; and WHEREAS, the City's ordinances prohibit the City from accepting public dedication of any road or street not meeting the minimum specifications and requirements of the building code; and WHEREAS, the parties hereto have mutually agreed that it is in theirs and the public's best interest that the road be repaired and maintained for protection of the public. NOW, THEREFORE, the parties hereto agree as follows: 1. Kuczek, Berger, and Allison (hereinafter "Landowners") hereby agree to repair, at their cost and expense (estimated at $8,000.00), Commerce Street, by placing a new asphalt top coat the full length of the street. The Landowners further agree to excavate a portion of the western end of Commerce Street prior to the application of the top coat in order to strengthen the roadway at its abutment to S.R. AlA. To this end, the Landowners hereby appoint Arthur W. Berger, Jr., as a principal of Aedile Contractors, Inc., as their general contractor, construction manager and agent. The Landowners shall commence the repairs within five (5) days of the execution of this Agreement. 2. The repair costs shall be paid by the Landowners as follows: Kuczek $4,000.00 2 Berger $2,000.00 Allison $2.000.00 TOTAL COSTS: $8.000.00 3. The parties hereby agree that, upon execution hereof, the Landowners shall deposit the above mentioned costs into escrow with Kohn Bennett, Esquire ("Escrow Agent") to be disbursed as hereinafter provided. The parties agree that the funds shall be placed in a non-interest bearing trust account. 4. The City agrees to waive all permit fees, impact fees, and plan and review fees, if any, for the repairs. 5. The parties agree that no funds will be disbursed until such time as the repairs are complete. 6. If at the time there is any pending or threatened litigation as to Escrow Agent's obligation or liability hereunder or right to transfer and/or distribute pursuant to the provisions of this Agreement, Escrow Agent, at its election, and without any risk or liability, may deliver said monies to the Clerk of the Court of appropriate jurisdiction in an interpleader action. 7. In the event that Escrow Agent institutes an action in interpleader or follows any written instructions or disburses the funds in accordance herewith, Escrow Agent shall have no further duties or obligations hereunder of any nature whatsoever. Neither the disbursement of the monies deposited nor the termination of this Agreement or the escrow created hereunder, nor the resignation or removal of Escrow Agent, nor any other event, shall in any manner impair any of the rights granted to Escrow Agent under this Agreement. The City agrees to indemnify and hold Escrow Agent harmless from any loss or liability, including reasonable attorney's fees, incurred 3 as a result of this Agreement, except as caused by willful neglect of Escrow Agent. 8. This Agreement sets forth an entire understanding of the parties and shall not be altered or amended except by a written instrument signed by all the parties. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by and against the respective successors and assigns, heirs and legal representatives of each party hereto. 9. This Agreement shall be deemed a Florida agreement and it shall be construed, and interpreted in accordance with the laws of the State of Florida. 10. Subject to the provisions of this Agreement, the parties hereto agree to execute and deliver all such further instruments and take such further action as may be reasonably necessary or appropriate to carry out the provisions of this Agreement and the intention of the parties as expressed herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: Sandra O. Sims, City Clerk CITY OF CAPE CANAVERAL, FLORIDA By: Rocky Randels, Mayor WILLIAM J. KUCZEK TRUST DATED WITNESSES: MARCH 23, 1993 LIN 4 William J. Kuczek, Trustee WITNESSES: ATTEST: ARTHUR W. BERGER, JR. JEANNE A. BENSON ALLISON STORAGE CORPORATION JOINDER OF ESCROW AGENT The Escrow Agent joins in the execution of this Settlement Agreement only for the purposes of agreeing to act as Escrow Agent under the terms set forth herein. ESCROW AGENT: KOHN BENNETT, Esquire Date: 5 DA'17E: TO: CONTANY. ATN;,. FAX NO: NUNMER OF P-k(=—S (tNCLUDING COVER PAGE): FAX NO: (407) 799-3170 RENLAM: IRMIN WW v Telephone: (407) 868-1230 E-Mmh c=ech@muIsmte.ILus Web Page: http�/fc��aus/capej SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT, is entered into this day of June, 1998, by and among the CITY OF CAPE CANAVERAL, FLORIDA, a Municipal Corporation ("City"); WILLIAM J. KUCZEK, AS TRUSTEE OF THE WILLIAM J. KUCZEK TRUST DATED MARCH 23, 1993 ("Kuczek"); ARTHUR W. BERGER, JR. and JEANNE A. BENSON, his wife ("Berger"); and ALLISON STORAGE CORPORATION, a Florida Corporation ("Allison"), as follows: WITNESSETH: WHEREAS, Cevesco, Inc. owns fee simple title to that certain private roadway located within the City known as Commerce Street; and WHEREAS, Kuczek owns that certain real property located at , Cape Canaveral, Florida, lying adjacent to Commerce Street to the west for the full length of the street, which property is presently utilized as a United States Post Office; and WHEREAS, Berger owns those certain parcels of real property described as and 8660 Astronaut Boulevard, Cape Canaveral, Florida, both lying adjacent to Commerce Street to the southeast for approximately one-half (1/2) of the length of the street; and WHEREAS, Allison owns that certain real property described as 8570 Commerce Street, Cape Canaveral, Florida, lying adjacent to Commerce Street to the northeast for approximately one-half (1/2) of the length of the street; and WHEREAS, Commerce Street, as a private roadway, was not constructed to specifications necessary for a roadway to be constructed within the City's roadway framework, and as a result is in very poor condition; and WHEREAS, due to the increased development of the area surrounding Commerce Street, and the resulting increase in public use of said street, the City is interested in the proper maintenance of said street for the interest of the public; and WHEREAS, the City's ordinances prohibit the City from accepting public dedication of any road or street not meeting the minimum specifications and requirements of the building code; and WHEREAS, the parties hereto have mutually agreed that it is in theirs and the public's best interest that the road be repaired and maintained for protection of the public. NOW, I 1EFORE, the parties hereto agree as follows: 1. Kuczek, Berger, and Allison (hereinafter "Landowners") hereby agree to repair, at their cost and expense (estimated at $8,000.00), Commerce Street, by placing a new asphalt top coat the full length of the street. The Landowners further agree to excavate a portion of the western end of Commerce Street prior to the application of the top coat in order to strengthen the roadway at its abutment to S.R. AlA. To this end, the Landowners hereby appoint Arthur W. Berger, Jr., as a principal of Aedile Contractors, Inc., as their general contractor, construction manager and agent. The Landowners shall commence the repairs within five (5) days of the execution of this Agreement. 2. The repair costs shall be paid by the Landowners as follows: Kuczek $4,000.00 Berger $2,000.00 Allison $2,000.00 2 TOTAL COSTS: $8.000.00 3. The parties hereby agree that, upon execution hereof, the Landowners shall deposit the above mentioned costs into escrow with Kohn Bennett, Esquire ("Escrow Agent") to be disbursed as hereinafter provided. The parties agree that the funds shall be placed in a non-interest bearing trust account. 4. The City agrees to waive all permit fees, impact fees, and plan and review fees, if any, for the repairs. 5. The parties agree that no funds will be disbursed until such time as the repairs are complete. 6. If at the time there is any pending or threatened litigation as to Escrow Agent's obligation or liability hereunder or right to transfer and/or distribute pursuant to the provisions of this Agreement, Escrow Agent, at its election, and without any risk or liability, may deliver said monies to the Clerk of the Court of appropriate jurisdiction in an interpleader action. 7. In the event that Escrow Agent institutes an action in interpleader or follows any written instructions or disburses the funds in accordance herewith, Escrow Agent shall have no further duties or obligations hereunder of any nature whatsoever. Neither the disbursement of the monies deposited nor the termination of this Agreement or the escrow created hereunder, nor the resignation or removal of Escrow Agent, nor any other event, shall in any manner impair any of the rights granted to Escrow Agent under this Agreement. The City agrees to indemnify and hold Escrow Agent harmless from any loss or liability, including reasonable attorney's fees, incurred as a result of this Agreement, except as caused by willful neglect of Escrow Agent. 8. This Agreement sets forth an entire understanding of the parties and shall not be 3 altered or amended except by a written instrument signed by all the parties. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by and against the respective successors and assigns, heirs and legal representatives of each party hereto. 9. This Agreement shall be deemed a Florida agreement and it shall be construed, and interpreted in accordance with the laws of the State of Florida. 10. Subject to the provisions of this Agreement, the parties hereto agree to execute and deliver all such further instruments and take such further action as may be reasonably necessary or appropriate to carry out the provisions of this Agreement and the intention of the parties as expressed herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: Sandra O. Sims, City Clerk WITNESSES: WITNESSES: 4 CITY OF CAPE CANAVERAL, FLORIDA LOU Rocky Randels, Mayor WILLIAM J. KUCZEK TRUST DATED MARCH 23, 1993 LOU William J. Kuczek, Trustee ATTEST: ARTHUR W. BERGER, JR. JEANNE A. BENSON ALLISON STORAGE CORPORATION By: The Escrow Agent joins in the execution of this Settlement Agreement only for the purposes of agreeing to act as Escrow Agent under the terms set forth herein. ESCROW AGENT: KOHN BENNETT, Esquire Date: 5 Mr. Art Berger Aedile Contractors'Inc. 8660 Astronaut Bind., Suite 208 Cape Canaveral, FL 32920 DearArt: ly of Cape CanaveraZ This is to advise you that the City Council will consider at their 06-0298 meeting at 7:00 p. m. at the City Hall Annex, III Polk Avenue, the authorization of staff to prepare a special assessment pursuant to Florida Statutes Chapter 170 for the Commerce Street construction project. The city requests your attendance at this meeting. .if you are unable to attend, please contact me at the address listed below, and I will forward your comments to the City Council. Sincerely,� B nett .B c City Manager BCB:kmm Cc: Honorable Mayor and Members of City Council 10S POLK AVENUE o POST OFFICE BOX 326 0 CAPE CANAVERAL, FL 32920-0326 TELEPHONE 14071 868-1200 * FAX 14071 799-3170 05/28/98 16:27 4077993170 CITY CAPE CANAV. ***** ACTIVITY REPORT ***** *************************** TRANSMISSION OK TX/RX NO. 4716 CONNECTION TEL 8681008 CONNECTION ID START TIME 05/28 16:26 USAGE TIME 00'33 PAGES 1 RESULT OK P.001 Mr. Don Haynes 52 Country Club Road Cocoa Beach, FL 32931 ty of Cape Canaveral RE. COMMERCE STREET CONSTRUCTIONPROJECT Dear Don: This is to advise you that the City Council will consider at their 06-02-98 meeting at 7. 00 p. m. at the City Hall Annex, III Polk Avenue, the authorization ofstaff to prepare a special assessment pursuant to Florida Statutes Chapter 170 for the Commerce'Street construction project. The city requests your attendance at this meeting. Ifyou are unable to attend, please contact me at the address listed below, and I will forward your comments to the City Council. Sincerely, Bee Bouc er City Monager BCB.-kmm Cc: Honorable Mayor and Members of City Council 105 POLK AVENUE 0 POST 0FHCE BOX 326 0 CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 * FAX 1407) 799-3170 �A 05/28/98 16:22 4077993170 CITY CAPE CANAV. P.001 ***** ACTIVITY REPORT ***** TRANSMISSION OK TX/RX NO. 4714 CONNECTION TEL 7994075 CONNECTION ID START TIME 05/28 16:22 USAGE TIME 00'31 PAGES 1 RESULT OK Mr. William J Kuczek The William J Kuczek- Trust 5492 Sharp Drive Howell, Michigan 4$84, Dear Mr. Kuczek: ty of Cape Canaveral This is to advise you that the City Council will consider at their .06-02-98 meeting at 7:00 p.m. at the City Hall Annex, III Polk Avenue, the authorization ofsta'to prepare a special assessmentpursuant to Florida Statutes Chapter 170 for the Commerce Street construction project. The city requests your attendance at this meeting. Ifyou are unable to attend, please contact me at the address listed below, and I will forward your comments to the City Council, Sincerely,"' - C Bouche City Manager BCB.-kmm Cc: Honorable Mayor and Members of City Council 105 POLK AVENUE 9 POST OFFICE BOX 326 9 CAPE CANAVERAL, FL 32920-0326 TELEPHONE 14071 868-1200 * FAX (407) 799-3170 05/28/98 16:25 4077993170 CITY CAPE CANAV. P.001 ACTIVITY REPORT #**** TRANSMISSION OK TX/RX NO. 4715 CONNECTION TEL 15175480706 CONNECTION ID START TIME 05/28 16:24 USAGE TIME 00'53 PAGES 1 RESULT OK 11eding Type: Regular Meeting Date: 0"2-98 001"N AGENDA REPORT CXV J AGENDA Heading Considerations Items No. SUBJECT: AUTHORIZE STAFF TO PREPARE THE SPECIAL ASSESSMENT FOR THE COMMERCE STREET CONSTRUCTION PROJECT Requested Action: That the City Council authorize staff to prepare a special assessment pursuant to Florida Statues Chapter 170 for "The Commerce Street Construction Project". Summary Explanation & Background: Mr, William Kuczek advised me that the postal representative he spoke with regarding r the various options concerning Commerce Street, has opted for the special assessment method. Therefore, because there are no other viable alternatives, the city should take fide to this roadway and proceed with the special assessment process. The public works, director obtained a quote of $92,095 to complete this project as designed by SSIA. A copy the last road construction assessment in 1985 is provided as case history for the city doing these types assessments. Please advise. Exhibits Attached: Copy of Chandler Street Assessment City c.doc NA611ftf1b K. -V0110301 a- - MICROFILMED AUG 87 *Three annual installments may be made, with interest being charged on the unpaid balance at a rate of 88. Attachment to Resolution No. 85-31 Page 1 of 1 IM CITY OF CAPE CANAVERAL t ASSESSMENT ROLL - CONSTRUCTION OF CHANDLER STREET TWP. 24, RGE. 37, SEC. 14 SUB. 77 Total *Annual Total Front Assessment Installments Tract Owner Footage Fee (Plus Int) 10 Leon M. Newman 350 Taylor Ave. Cape Canaveral, FL 32920 721.94 46,008.65 15,362.88 11 William Bennix P.O. Box 927 Cape Canaveral, FL 32920 415.25 26,509.56 8,836.52 12.01 Innovative Development Corporation of Cocoa Beach c/o 5360 N. Atlantic Ave Cocoa Beach, FL 32931 325.00 20,748.00 6,916.00 *Three annual installments may be made, with interest being charged on the unpaid balance at a rate of 88. Attachment to Resolution No. 85-31 Page 1 of 1 IM June 2, 1998 Mr. Bennett C. Boucher City Manager 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Design of Commerce Street Dear Ben: -06 DISTRIBUTION Mayor City Council City Mgr. City Atty. Pub. Works Dir. Building Off. Finance Mi. This letter will confirm that the SSA designs for Commerce Street have been pertormed in accordance with Section 98-92 of the City of Cape Canaveral Code of Ordinances. It should be noted that due to the poor subsoil conditions and anticipated truck traffic, additional criteria as noted in Section 98-115 were incorporated into the Commerce Street designs. This latter City section references Florida Department of Transportation specifications. If you have any questions on the above please do not hesitate to call our office. Sincerely, John A. Pekar, PE Vice President JAP jls STbT ITER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, IN 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Fax 407 7837065 ='macedw "Great To Work For... Greater To Work With" June 2, 1998 Mr. Bennett C. Boucher City Manager 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Design of Commerce Street Dear Ben: ION Oft. Dig. This letter will confirm that the SSA designs for Commerce Street have been performed in accordance with Section 98-92 of the City of Cape Canaveral Code of Ordinances. It should be noted that due to the poor subsoil conditions and anticipated truck traffic, additional criteria as noted in Section 98-115 were incorporated into the Commerce Street designs. This latter City section references Florida Department of Transportation specifications. If you have any questions on the above please do not hesitate to call our office. Sincerely, .t-�X� John A. Pekar, PE Vice President JAP jls ST`OMER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Fax 407 7837065 a=amdewnda "Great To Work For... Greater To Wank With" DATE: APRIL 30,1999 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETT C, BOUCEE CrIYMANAGE� SUBJECT: COMMERCE STREET Since our last meeting, I have had individual discussions with all the parties on the following scenarios to resolve this matter. 1. Mr. Shuford is willing to spend $10,000 to put a layer of asphalt on the road and deed the em'", road to each of the adjacent property owners or anyone else who wants it, preferably the city to get a tax write-off. This would not bring the road to city specifications, but would provide a better roadway that currently exists. 2. Mr. Kuczek is inquiring with postal authorities about the above OR the post office funds $'10,000 to asphalt the road and Mr. Shuford retains ownership of the road. 3. Mr. Berger and Mr. Haynes were briefed on the above conversation and everyone is waiting for Mr. Kuczek's response, which should be available by our meeting date. Meeting Type: Regular Meeting Date: 04-21-98 id AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heeding Discussion IUM 10 No. SUBJECT: COMMERCE STREET PROJECT DEPT./DIMION: STREETS/PUBLIC WORKS Requested Action: That the City Council review the proposal from Aedile Contractors and decide whether or not to proceed with the settlement agreement or special assessment for this project. �J Summary Explanation & Background: The proposal from Aedile is $115,588.48. As previously noted, Mr. Kuczek has committed $40,000 and Mr. Shuford has committed $10,000 to this project. The city has provided the plans, inspection services and waived permit fees. I have no firm indication from Mr. Berger or Mr. Haynes as to what they are willing to commit to this project. Being that the City Council has previously indicated that no more funds will be allocated to this project, I am asking council to direct staff to take title to this right-of-way and prepare the special assessment roll per Florida Statutes. Exhibits Attached: Aedile Aronosal: construction City Managers Office �� I Department STREETS/PUBLIC WORKS ON G'ENERAL CONTRACTOR DesignlBuih CGCO329- March 31, 1998 - Mr, Bennett Boucher, City Manager City of Cape Canaveral 106 Polk Avenue Cape Canaveral, FL 32920-0326 Dear Bennett: Attached you will find bud-ct fig-ure for the complete replacement of Commerce Rd. Remember that this is based on the preliminary drawings provided by SSA and all of the input that the city has requested. This will include the replacement of all of the curbing, installation of the sidewalks, 0 tying in, and the culvert and inlet. Also, because of the new magnitude of the work going outside of the 1. parameter of the road; and building way beyond the city requirements, it will cost more in a multitude of items that are clearly spelled out in this budgetary figure. /00111111 Let me reiterate that this is just a budgetary figure, firm prices will be available upon completion of the drawing and more input from the city. If you have any questions or concerns, please do not hesitate to, call. Sincerely, Arthur W, Berger Vice President attachment: Revised Commerce Street Estimate 8660 Astronaut Boulevard, Suite zE208 * Cape Canaveral, Florida 32420 - (407) 868-6700 - Fax: (407) 868-1008 COMMERCEMS Page 1 AEDILE CONTRACTORS, INC. 8660 Astronaut Blvd., Suite 208 Cape Canaveral, FL 32920 REVISED COMMERCE STREET Estimate Cost Breakdown Based on Provided Drawings Upgraded Per Dwgs. ( City Requirements Old Estimate Requirements Upgraded Old Estimate Requirement Description Description Remove Existing Asphalt and Base 1 1,173 cy $8,798.00 1 $9,000.00 Remove Existing Curb I 1,078 ft $3,234.00 1 $0.00 Saw Cutting 326 ft $652.00 1 $0.00 1 Remove Sidewalk $750.00 $0.00 Grading & Miscellaneous $1,193.00 ( $3,600.00 Mobilization 1 $0.00 $1,500.00 Subtotal I $14,627.00 $14,100.00 I 1-112" Asphalt 1,818 sy $6,636.00 1 $3,375.00 1,500 sy @ 1" Prime j 1,818 sy $545.00 j $450.00 1 1,500 sy 10" Limerock Base 1 2,646 sy $22,491.00 $8,910.00 6" base @ 1,620 sy 12" Grade Clean Compacted Sand 2,646 sy, $2,646.00 $3,150.00 6" subgrade 1,750 sy Clean Sand1 1,058 cy $5,819.00 $0.00 Fabric IF $9,600.00 $0.00 1 New Curbs with Rebar 1 $9,660.00 $8,700.00 - Sidewalks 1 $4,175.00 $0.00 ood (Floritam) $2,000.00 $2,000.00 Raise Manhole 1 $500.00 $0.00 Tie Into Existing I $500.00 $0.00 Curb Iniet $2,000.00 $0.00 18" R.C.P. $3,960.00 $0.00 Temporary Driveways 1 $3,000.00 $0.00 Traffic Control $8,000.00 I $2,200.00 Layout & As Builts 1 $3,995.00 $3,200.00 Testing I $1,500.001 $1,200.00 Add Rebar @ Curb Crossing $1,200.00 $0.00 Engineering by City $0.00 $0.00 Signs and Striping S350.00 Subtotal 1 $88,577.001 $33,185.00 I TOTALS $103,204.00 $47,285.00 General & Administrative @ 12% $12,384.48 $5,674.20 Subtotal $115,588.481 $52,959.20 Profit @ 10% $11,558.85 $5,295.92 TOTAL CObT $127,147.33 58,2-5-6.—1 —2 Contribution to street/ 10% profit MIC ($11,558. ($5,295.92) ADJUSTED TOTAL COST I $115,588.48 $62,959.20 i._..,MERCEX.$ I Page 1 NOTES' 1. AN evA ehd' La h -mft deme dlh n -d Crp4 a-tA %A@ WW Faded brae ane raw� Ckb m 4 reepmfdAe hr ana1r61C P.+1aAa tea 1n held PrW m WOW" wb+ �L l Sareld e.bdbla Po 'd ptler 4r nlawfaE ar P='r'nr'rt and bae. en Cblarerwce .1^LaaC Snag dwb OW alAhr aI naldlyd Alfa" !a nrn.rd d arh and Yldtar w Cnnrnaeer Sb"k S d.ten Ge. ane brad. d alae N paawnwlt ors c num A..ala a,d SR Ari w W*- f-. DF D r Na ..* b to h. mea fA1Mn Sl1. SR AFA ItaM- -aari 5eaaat d + -Tv at elbealb -%w WW WmAt Teoaer Sw" awfi.6 and nee PWAV to Pride >ft 1 r—La d dkwfLtb n at ddmmk adw Wh prwrrt rat d1+VY.g. arabdl &Y ane Pm nee >a .area ae apwweAft L Canbaela daj baba nr.alaral L. add esElnn ow* mb ==**k fh "I L fka aatl wry• ft dY. Sagr Irfa A* rald be loans fmm Str. aFi. alfa *.NY AaPPeR 7. Plelperd craAn. 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ALL .40 DNNLIM cohmmicr 14, 100,A a roTittr $SNIT RfN�5.91 SE rnN G"�+.36 War HI'm � d a,atl SIA 17+40 ORIVYGMI' APRON � P/N enN .'la' RAOeA4 7UR= POUPOLE r TWE 7' am t Gurr ]P 9I9" in mw 94= 3w r UDEMN =�rY M1fENE NEW£1tH].Li7tF L�laxilxf• 1gltE mors" JOGti 7t11E1 5''9 cur HACK 3' DaS WR ASFYVLI LE4vm DOSrW4 BASE NlWt, EXTEND NEN ASPHALT OYER E% nU6;. 9AH& PRUWtE E?'SIIhKE SAW SURFACE M ENSLRE AOHFSYON AS REQUOED. ^^jj J SSNH l CEIIMM .10 moOF FLLW '.m,\ MMSH G AK ' � �6 MANK= mm: h CCMFA t-!, /� sG r� v � ri rn.mi �•, SEE D,r,AE A EG R[ f£ USES Ft1M pleSNG pGF9NC & 07+173 r 2a e. A CLtml-w foe°V!� y�ra m APR 0 6 1998 SjNX RIN=' 25 S ; s.a $ rry 6G I rN w v a-? .66 SAWLEr GCCF Sd' RL:P. tll7Gt 1 �mm NE ?,2 ! � E 89 L T✓6 �GTB10E SGiE1t ApV pals8.i!-+ AW KUM4 LW AND/ tabaE rA FPFIMW LOW Ittf s q5 ' 7vm"rr 2DEwa AF A -t ->+t Wr-OF-W? k l\ 1 "mmOEWIX 0nmomm nffAL AA 0'. 2• 1T 1.5" TYPE T 1. G5AR Td U M1 WR sArt1Ee s FT70r W087t 300 iK= IM AW 00 !Kll m Rw / Few To D=Mffl rd.Er $US BASE 96R LIAK-...r CLtml-w foe°V!� y�ra m APR 0 6 1998 SjNX RIN=' 25 S ; s.a $ rry 6G I rN w v a-? .66 SAWLEr GCCF Sd' RL:P. tll7Gt 1 �mm NE ?,2 ! � E 89 L T✓6 �GTB10E SGiE1t ApV pals8.i!-+ AW KUM4 LW AND/ tabaE rA FPFIMW LOW Ittf s q5 ' 7vm"rr 2DEwa AF A -t ->+t Wr-OF-W? k l\ 1 "mmOEWIX 0nmomm nffAL AA 0'. ° g COMMERCE STREET 1 Stottie-r Stag &' Associates 9ao� i KJL72. 77 Q.QVL AFchitacts E1lginmem Plannnrs, tris. 6680 N. Atlantic Ane. Cape Cwwwwl. �� P���tt' 2_26-98 SITE PLAN pF E 1 " aev n1r_ PHONE (407) 753-1320 FAX: (407) 2• 1T 1.5" TYPE T 1. G5AR Td U M1 WR ASPWICTK: COMC. FT70r W087t 300 W CF9ASE'EO O - : NA &+SE LHR r00aG"� 6' 12' CLEAN FINE SWO $US BASE 96R LIAK-...r DENSER' PER A000*YD PROMft AASElIDi--.SIE f Umn ��� OR �, EXPEND BASE AND SUR WE 5rA AND CEOM EOUWAGENT ? ROTAS *100 MIN AIAbNLAt S` OVERLAP ° g COMMERCE STREET 1 Stottie-r Stag &' Associates 9ao� i KJL72. 77 Q.QVL AFchitacts E1lginmem Plannnrs, tris. 6680 N. Atlantic Ane. Cape Cwwwwl. �� P���tt' 2_26-98 SITE PLAN pF E 1 " aev n1r_ PHONE (407) 753-1320 FAX: (407) C -J Online Government. New policy: City to pay for major improvements 1/21/98 Pagel of Weilnestlqy, January 21, .199 0 New policy: City to pay for major improvements Last modified at 7:18 a.m. on Wednesday, Janu,aty 21, 1998 By MIKE HALL 7he Capital -,Journal pecial assessments to help pay for improvements to major thoroughfares will be a rarity in the future, the Topeka City Council decided Tuesday night. A resolution adopted on a 6-2 vote Tuesday night states the city's policy now will be to pay 100 percent of the cost of most major thoroughfare improvements from the city at large. Collector streets, which provide access from interior residential streets to the major arterials, still would use special assessment districts. An assessment district would pay 70 percent of the cost of improving a collector street, and the city at large would pay 30 percent, Residential streets would be paid for 100 percent by the special assessment district of properties abutting the street. The resolution provides that special assessment districts may be used for major thoroughfare construction to serve new developments. What would cease would be imposition of special assessments on previously developed areas to pay for thoroughfare improvements. The new policy was too late to save a large area of southwest Topeka from special assessments to help pay for the improvement of SM. Gage, 29th to 37th. That assessment district was created before the new policy was adopted. City Attorney Linda Jeffrey advised the council previous court cases prevent the city from canceling those assessments once established. Likewise, the council will need to follow through with special assessments already http-://www.cjonline.com/stories/012198/gov—council,html 5/22/98 C -J Online Government: New policy: City to pay for major improvements 1/21/98 Page 2 of 3 approved for the improvement of N. Kansas Avenue, Soldier to US -24 highway. In that case, the council lowered the assessment district's share of the project to 5 percent. In recent years, the council has required most assessment districts for thoroughfares to pay 20 percent. In the case of the Gage project, single-family homeowners were assessed more than $180, which could either be paid up front or in a 10 -year period, with interest. Commercial properties were assessed several thousand dollars in many cases. The resolution was introduced by Councilwoman Betty Dunn and had been supported in recent weeks in statements by Mayor Joan Wagnon. Several arguments were put forward in support of city -at -large funding for thoroughfares. One was that such thoroughfares benefited the city as a whole, and even drivers living outside the city of Topeka, more than they benefited the residents living near them. It also was said it wasn't fair some property owners living near thoroughfares escaped being put in assessment districts. Residents living in the vicinity of Gage, between 21 st and 29th, didn't pay special assessments for improvements a few years ago because federal funds were available for that project. Only Councilmen James McClinton and fun Reardon opposed Dunn's resolution. Reardon noted that requiring the city at large to fund all of such projects would mean the city either would have to increase its debt or reduce the number of street projects it does. He also argued owners of tax-exempt properties, such as the state and federal governments, have to pay special assessments but don't pay general property taxes to the city. Dunn also said she will push for a referendum issue to be placed on the August primary election ballot to extend the present temporary quarter -cent countywide sales tax to raise money for street improvement and elimination of red water problems in the city. McClinton said he might be more likely to support Dunn's resolution if it were put before him after voters vote to extend the sales tax. Copyright 1997 The Topeka Capital -Journal C JAN OWJW CJ Online I Sports I National I gRinions I The Wire I TV Listings I Business I I Weather I Government I Technolory I Features I Kansas I Midwav I ® All Contents ®Cotnrriaht The Topeka Capita! -Journal Continents or questions? Contact the webmasters at The Topeka Capital - Journal http://www.cjonline.com/stories/012198/gov_eouncil.html 5/22/98 PUBLIC HEARING Page 1 of 2 PUBLIC HEARING ASSESSMENTS FOR AFTON ROAD STREET MAJOR MAINTENACE PROJECT February 25, 1998 The City Council of the City of Woodbury, Washington County, Minnesota will meet at the Woodbury City Hall, 8301 Valley Creek Road in said city on Wednesday, February 25, 1998, 7:30 p.m. to hear and pass upon all objections, if any, to the proposed assessments in respect to the water, sewer, and street improvements for Afton Road Major Maintenance Project. The proposed assessment roll is now on file with the Deputy City Clerk and open to public inspection by all interested therein. The general nature of said improvement is for the Afton Road Street Major Maintenance Project and affects the following described property lying and being in the City of Woodbury, Washington County, Minnesota described as follows, to -wit: GEO Codes 08-028-021-34-0001 08-028-021-34-0015 DESCRIPTION 08-028-021-31-0001 08-028-021-34-0012 08-028-021-34-0038 08-028-021-31-0002 08-028-021-34-0013 08-028-021-34-0056 08-028-021-31-0003 08-028-021-34-0014 08-028-021-34-0057 The total amount of the assessment proposed is $175,760.06. The area proposed to be assessed is every lot, piece, and parcel of land benefited by said improvement, based upon benefits received. Written or oral objections will be considered. No appeal may be taken unless a written, signed objection is filed with the Deputy City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. Appeals to said assessment may be made upon serving of Notice of Appeal upon the Mayor or Deputy City Clerk within thirty (30) days after the adoption of the assessment and also filing said Notice with the District Court within ten (10) days after service upon Mayor or the Deputy City Clerk. Be advised, the Minnesota Statutes Section 435.193 - 435.197 provides that any property owner whose property is classed as homestead who is 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments may apply to the City Council for deferment of said assessment. This deferment is discretionary with the Council. http://www.ci.woodbury.mn.us/aftomntg.htm 5/22/98 PUBLIC HEARING Page 2 of 2 The City of Woodbury is subject to Title II of the Americans with Disabilities Act which prohibits discrimination on the basis of disability by public entities The City is committed to full implementation of the Act to our services, programs, and activities Information regarding the provision of the Americans with Disabilities Act is available from the City Administrator's office at (612)714-3500. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator, at (612) 714-3500 (7DD 714-3568) to make arrangements Woodbury Home Page Meeting & Pubfic Hearing Information City Departments http://www.ci.woodbury.mn.us/aftomntg.htm 5/22/98 Fishkind & Assoc. - Econocast - Brevard County, FL Economic Data Pagel of 1998 - First Quarter Year 1995 1996 1997 199!8 1999 2000 Population Population Change 444,992 8,659 450,164 5,172 458,035 7,871 465,230 7,195 474,734 9,505 484,097 9,362 Employment 164,170 165,917 170,484 173,806 177,264 181,311 Employment Change (1,085) 1,748 4,567 3,323 3,458 4,046 Income ($billion) $9.3 $9.9 $10,2 $10.4 $12.8 $13.7 Unemployment Rate 6,2 5,6 4.7 3.5 4.7 53 Total Housing Starts: 2,845 3,438 3,271 3,869 4,496 3,838 Single Family 2,,667 3,003 2,891 3,18'7 3,897 3,523 1 http://www.fishkind,com/brevcnty.htmi 5/22/98 Fishkind & Assoc. - Econocast - Brevard County, FL Economic Data 178 .435 .380 1682 Return to the Main MSA Index page. 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Mlc nmft Internet Worm ®Copyright 1997-98 Fishi.ind & Associates http://www.fishidnd.com/brevcnty.htnil 5/22/98 Foreward County summary Retirement Impacts by County Pagel of Retiree Retiree Retiree Retiree Retiree Retiree County School Total Direct Related Relat(A Household Household County Population Housing Impact Impact Impacts Employment Com"Urcial Fxpenditures Local Output Alachua 19,472 11,127 53,421,219 57,789,065 611,209,284 8,959 $62,686,480 5270,415,373 S45 5,802,990 Baker 1,832 1,047 $243,684 5590,301 6833,985 547 $3,347,840 $14,441,691 $28,717,437 Bay 19,346 11,055 $925,507 55,862,507 $6,788,014 7,853 $52,364,640 5225,889,503 5394,005,401 Bradford 3,057 1,747 $290,551 $966,340 51,256,891 1,024 $7,164,240 630,904,949 $52,092,335 Brevard 80,106 45,775 54,622,933 525,869,047 630,492,580 37,342 5240,022,880 35,404,918 $2,005,992,276 � Brt]Ward 304,565 174,037 547,296,463 5141,238,340 51.88,534,803 156„772 5972,582,000 54,195,501,056 1,872 2,829 Callla4ln 1„786 1,021 5322,;809 5391,689 5714,498 577 53,846,640 516,593,380 2,724 Cllarlplte 45,6:46 26,083 (52,1,81,053? 51.5,438,493 513.,257,440 17',916 6124,69...1,920 5537,892,949 Citrus 34,668 19,810 $238,617 $11,177,432 $11,416,049 11,392 679,708,640 6343,94 4,178 Clay 12,247 6,998 51,461,499 54,324,817 65,786,316 5,036 $30,807,440 $132,896,496 $264,265,919 Collier 43,364 24,779 51,155,638 523,994,9,45, $25,150,583 34,174 $2,378,400,240 $1,025,989,475 51,686,148,206 Columbia 6,931 3,961 51,043,431 52,153,603 $3,197,034 2,291 $16,029,690 $69,148,373 $116,554,154 Dade 299,921 171,383 574,084,723 5129,823,744 $203,908,467 127,357 5790,100,560 $3,408,317,247 $6,629,195,176 DeSoto 4,919 2,811 6453,267 61,409,358 $1,862,625 1,872 $11,688,400 $50,420,988 597,663,101 Dixie 1,905 1,089 $530,644 5594,863 $1,125,507 515 $3,601,440 $15,535,793 526,186,606 Duval 82,674 47,242 53,919,553 $27,336,903 531,256,356 40,309, 5246,564,320 61,063,623,436 62,115,0,25,096 Escambia, 35,806 20,461 54,295,397 $11,302,068 $15,597,465 15,698 5104,678,960 $451,561,696 $787,631,762 Flagler 11,022 6,298 66,4,812 55,601,633 55,666,445 5,367 $32,829,920 $141,621,056 5281,614,787 Franklin 1,834 1,048 (6266,457) 5461,070 5194,613 676 64,506,640 519,440,473 533,908,842 Gadsden 5,588 3,193 $1,590,128 61,796,324 $3,386,452 1,934 513,534,120 $58,384,058 $98,410,190 Gilchrist 1,849 1,057 $341,072 $594,381 $935,453 483 $3,380,000 514,580,699 $24,576,732 Glades 1,849 1,057 (5173,653) $527,819 5354,166 584 $4,061,040 517,518,364 628,790,313 Gulf 2,008 1,147 (S1O0,908) (6100,908) 593 $3,953,360 $17,054,028 $29,746,310 Hamilton 1,385 791 537,574 5420,,840 $458,414 386 $2,700,000 $11,647,123 519,631,996 Hardee 3,144 1,797 (5390,822) 69'53,670 5562,848 1,167 $7,286,000 531,430,127 $60,878,689 Hendry 3,,397 1,941 (578,202) $1,083,970 $1,005,708 1,136 $7,907,120 $34,109,529 $56,056,833 Hernando 38,547 22,027 516,607,399 $13,665,058 630,272,457 14,546 $90,816,560 $391,762,352 5758,825,3,96 Highlands 25,505 14,574 (6265,674) $0,585,228 $6,319,554 9,831 561,379,840 5264,778,843 $512,864,264 Hillsborough 116,089 66,337 $17,107,035 539,769,544 $56,876,579 54,415 $339,740,960 51,465,566,649 $2,839,134,11A, Holmes 2,838 1,622 $485,369 5810,421 $1,295,790 761 65,073,680 $21,886,639 $38,175,541 Indian River 27,168 15,525 (53,944,039) 59,553,318 $5,609,279 17,857 $114,900,960 $495,656,898 S960,285,094 Jackson 6,792 3,981 61,590,561 51,612,481 $3,203,042 2049 S13,� AWPI WA,4 Jefferson 1,840 1,051 5329,,738 $502,889 6932,627 774 Lafayette 710 406 $125,403 $224,110 $349,5i, 10 Lake 50,967 29,124 51,097,52 $1034163,9 95)54 , l U Caw I A 4to )%q%, W -,F.-" 21 1111111 1:111'; 12: 0, a APAC-F LORIDA, INC, M MACASPHALT, DIVISION P0.B0X 411029, Melbourne, FL 32941-102Il 6210 North US 1, Melbourne, FL 32940 Phone, 407-242-0236 Fax.- 407-242-8878 Facsimi,le Transmittal Fm.- ro ;& To, -'Fj- Compan y- ttt� Page (including this one) Fax no, clwo Time, 0 3 � " 4P4, unties: Date: thn 6='mUo may contain inimnnVoon h:Kjq prfWPjt!,d and xnridonbaJ and)br diormpt fyorn d1sciostim undor nppiirm�o Liw. TN? fj a nsm"on is int9nded .39(0y (or tno ii&rvdvjk of w&ty named Ebme. V you aro not dV intwdod rocipim or to omoloy" or gj4M toaponnlNt, for d,Hvonng is lo M intended r*61�6ni. you should undLI'at"'d mot .1"y distnoUt on, copying or use oftho infotnmbon con-ohad in Wo ftclirnilt by vyOrA 0111ar than the dcvqniW4 recVent iz knavtJnt, raa^�d snort jiActiv ibliled, R p ou havv r"NW thL% facsi'mil'e it. eitw, plriLe nadfy 1216 sender prcmpdy. Branch Offices - Macasphalt Div, of APAC-FL Inc. WINTER HAVEN, FL. AVON PARK, MELBOURNE, ORLANDO, hII I! 21 ",40 K--LSOUIHe IAVRIMMOU'i PAVFYE+: ACTS MACASPHALT CONTRACTd: RR A r) I VISION OF e0AC-Fl- Olt I U)A, INC ENGtNEEILS', P.O. Box 1219 M Winter Haven, Florida 33882,1819 M 941/967-0646 M 17AX 941/967-6829 April 2L 1998 To; Fd CrardWski Nblio Warks Djicctor City of CCanavexal Re: Quote for Commerce St, Cape Can avcral D: 7 a Sd : Thamachcd, pic ase And the cost estilliaLe fin Conutierce Sl, is bascd, upon our cu rent Dr au County Annual Did B3-8-10, 'Motes! 1) All permits or fees rare acct inotmiLd in this pioposal and arc to tx furilisbcd by owner. 2) Macasphalt mill not bL respottsible for any utilities that ncc4 to bc relocated during construction, 3) MOT is based on closing the ro.,id to traTic throughout constnidioo 4) This Nvork inchuies one (1) mobilization to oomplr= all work,any addibonal mobil iz,3t ions required rill bc an ackb(ional $ 750,00 lxr mobilization. 5) AU e,,dsting Nm and subase to bi-, hauled to city proNity Within I mile of job site and to become property of tl)o City of Crab, Canaveral. If votl lla+,o ally fatiley clLiestions or wish to schedWe flus work, please call ine Emm M&0;9� Dan Ciallaglicy Estimator % SaIcs BRANCY] OFFICES; 0 AVON PARK m MELBOURNE m ORLANDO . APP. 21 '98 OB : 58API MACASPHALT MELBOURIE P. 3 Attachment "A" Commerce Street City of Cape Canaveral Aprill 21,1998 Item No. Description Quantity Units Unit Cost Total 1 Remove Exlxting Asphaft 1528 SY S 4.55 $ 6,952.40 2 Filter Fabric ( F & 1) 2140 SY 5 4.55 $ 9,737.00 3 Type "F" Curb & Gutter 650 LF $ 9.66 $ 6,272.30 4 Adjust Existing Water Valves 2 EA $ 45.00 $ 90.00 5 Adjust EAsting Manhole 1 EA $ 350.00 $ 350.00 6 Prime and Sand 1528 BY $ 0.35 $ 534.80 7 1 112'" Type 8-1 Asphaltic Concrete 130 Tons $ 28.89 $ 3,755.70 8 12" sand Subbase 2140 SY S 5.30 $11,342.00 9 10" Coquina Base 2140 BY $ 11.25 $24,075.00 10 24" Drop Curb 550 LF $ 16.75 $ 9,212.50_ 11 Concrete Flume 2 EA $ 615.00 $ 1230.00 12 18" Dia. RCP Pipe aO LF $ 27.50 $ 2,200.06--- S 13 Tie into e)dsting Inlet (18" RCP) 1 BA $ 560.00 $ 660.00 14 Curb Inlet 1 EA $ 4,495.00 $ 4,495-00 / 15 4" Dia PVC Force Main 550 LF $ 6.50 $ 3,575.06')/_ 16 4" Dia PVC Plug 2 EA $ 135.00 $ 270.00 17 Maintenance of traffic ( Construction Signs / Barricades ? 1 L S $ 2,150.00 $ 2,150.00 18 Sod ( Bahia) R.O.W. 1225 SY $ 1.50 $ 1,837.50 19 Mobilization ( Construction Stake -out! Testing) 1 LS $ 4,200.00 $ 4,200.00 20 Remove Existing Concrete Curb 1 LS $ 3,000.00 $ 3,000.00 Total Bid $95,939.40 I Ak To: Mayor & City Council From: Bennett C. Boucher, City Manager/, CC: Ed Gardulski, Public Works Dired Date: 12/26/97 Re: Commerce Street This past October the city received responses from the three property owners along Commerce Street. The owner of the post office site, Mr. Kuczek approves of the settlement agreement option to fix this road. The other two property owners did not choose any of the three options offered. The city has had a policy of not accepting a roadway dedication until the roadway is constructed to city specifications. Recent examples were the Oceanwoods Blvd. entrance road and Cherd Down Road. Both dedication requests were denied because these roadways were not built to city specifications. The one option that no one wants, is making the commerce street improvements by special assessment. If this roadway is going to be fixed in the near future, then the city should proceed with the special assessment process. The city has plenty of history with special assessments for roadway improvements and most properties in the city have at least paid one or more special assessments. To help inform you about the special assessment process, I have enclosed for your review anfifoutline of special assessments from the Florida League of Cities and F.S. Chapter 170. A resolution is required to start this process and plans and specifications for this project are required by Florida Statute. The city would also need to coordinate the roadway dedication from, Shuford Development and the special assessment process to occur within the same period. That being at a council meeting, approval of the road dedication must be first followed by a resolution declaring the special assessments and then authorize the * Page 1 �city enginge to' proceed with the plans and specifications for this project. A copy of SSA's engineering proposal is included for your review. There also has been some discussion about whether or not the post office has proper ingress and egress onto Commerce Street. The attached U.S. Postal Service solicitation for proposal sites, refer to item #10, requires the disclosure of abutting streets, alleys, easements and rights of ways. Thus, the buyer and seller should resolve this dispute. This item is scheduled for the January 6, 1998 meeting. Please contact me if you have any questions about this issue and please bring this memo to the meeting. • Page 2 E. SPECIAL ASSESSMENTS A municipality may make street improvements, including improvements to related storm -drainage facilities, and recover the costs thereof by levying special assessments on the owners of-- benefited property (ch. 170, Y.S.). This normally is done only with the prior approval of a majority of the affected property owners, �fwners m.mttyisnot required by sta-te law .tom have the consentmm. o. Special assessments usually are levied only on the owners of property immediately adjacent to the improved street area, but may be levied on "other specially benefited property" (s. 170. 01 (1) (k) , F. S.) Assessments usually are levied on a "foot frontage" basis, but they may be levied by another method so long as assessments are "in proportion to the benefits to be derived therefrom" (s. 170.02, F.S.). A The expense of a street -improvement project may be recovered through special assessments either in whole or in part. Some municipalities may undertake the initial paving of a street only when the owners of affected property agree to cover 100 percent of the cost; other municipalities will apply public funds to a portion of the expense. For example, some municipalities employ a "1/3-1/3-1/3" formula for regular street footage --that is, one-third each is paid by the city, the owner of the abutting property on one side of the street, and the owner of abutting property on the other side of the street; in addition, the city bears all expense of paving the areas within street intersections. A municipal government should have an established policy X in place regarding payment for initial street imorovements and should consistently adhere to that policy. To have no such VI -4 announced policy or to make exceptions to an announced policy is to open the door to accusations of favoritism or unequal treatment. Procedures for declaring a special assessment are detailed in •Chapter 170, Florida Statutes. They include the preparation and publication --of assessment roll, the holding of a public hearing, the hearing of complaints by the council (sitting as an equalizing board), and the adjustment of assessments on a basis of justice and right. When finally" approved by resolution or ordinance, the assessments stand as first liens on the assessed property until paid; payment periods usually are for several years, e.g., 10 The municipality may issue bonds for the total amount of the assessed liens, with revenue from the assessments going into a separate fund in order to pay off the bonds. Such bonds are not a charge on the general revenues of the municipality; they must be paid off solely out of the revenues of the special assessment. (Refer to Part VII, "Municipal Finance," of this manual for more information.) F.S. 1995 F.S. 1995 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS Ch. 170 CHAPTER 170 SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL IMPROVEMENTS 170,01 Authority for providing improvements and levy- ing and collecting special assessments against property benefited, 170.02 Method of prorating special assessments. 170.03 Resolution required to declare special assess- ments, 170.04 Plans and specifications, with estimated cost of proposed improvement required before adoption of resolution. 170.05 Pubfication of resolution, 170,06 Preliminary assessment roll. 170.017 Pubfication of preliminary assessment roll. 170.08 Final consideration of special assessments: equalizing board to hear complaints and adjust assessments; rebate of difference in cost and assessment. 170.09 Priority of lien; interest; and method of pay- ment. 170.10 Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due: foreclosure: service of process. 170.11 Bonds may be issued to an amount not exceeding the amount of liens assessed for the cost of improvements to be paid by spe- cial assessment. 170.14 Governing authority of municipality required to make new assessments until valid assess- ment is made if special assessment is omit- ted or held invalid. 170.15 Expenditures for improvements. 170.16 Assessment roll sufficient evidence of assess- ment and other proceedings of this chapter; variance not material unless party objecting materially injured thereby. 170,17 Denomination of bonds; interest: place of pay- ment; form; signatures; coupons; and deliv- ery. 170.18 Notice required where no newspaper is pub- lished in county in which municipality is situ- ated. 170,19 Construction and authority of chapter. 170,20 Bonds negotiable. 170.21 Provisions of chapter supplemental, additional, and alternative procedure. 170.01 Authority for providing improvements and levying and collecting special assessments against property benefited.— (1) Any municipality of this state may, by its govern- ung authority: (a) Provide for the construction, reconstruction, repair, paving, repaving, hard surfacing, rehard surfac- ing, widening, guttering, and draining of streets, boule- vards, and alleys; for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and rehard surfacing of sidewalks; for constructing or reconstruct- ing permanent pedestrian canopies over public side- walks; and in connection with any of the foregoing, pro- vide related lighting, landscaping, street furniture, signage, and other amenities as determined by the gov- erning authority of the municipality; (b) Order the construction, reconstruction, repair,X1 renovation, excavation, grading, stabilization, and upgrading of greenbelts, swales, culverts, sanitary sew- ers, storm sewers, outfalls, canals, primary, secondary, and tertiary drains, water bodies, marshlands, and natu- ral areas, all or part of a comprehensive stormwater management system, including the necessary appurte- nances and structures thereto and including, but not limited to, dams, weirs, and pumps; (c) Order the construction or reconstruction of water mains, water laterals, alternative water supply systems, including, but not lin-ifted to, reclaimed water, aquifer storage and recovery, and desalination systems, and other water distribution facilities, including the neces- sary appurtenances, thereto; (d) Pay for the relocation of utiflties, including the placement underground of electrical, telephone, and cable television services, pursuant to voluntary agree- ment with the utility, but nothing contained in this para- graph shall affect a utility's right to locate or relocate its facilities on its own initiative at its own expense; (e) Provide for the construction or reconstruction of parks and other public recreational facilities and improvements, including appurtenances thereto: (f) Provide for the construction or reconstruction of seawafls; (g) Provide for the drainage and reclamation of wet, low, or overflowed lands; (h) Provide for offstreet parking facilities, parking garages, or similar facilities; (i) Provide for mass transportation systems: (j) Provide for improvements to permit the passage and navigation of watercraft; and (k) Provide for the payment of all or any part of the costs of any such improvements by levying and collect- ing special assessments on the abutting, adjoining, con- tiguous, or other specially benefited property. However, offstreet parking facilities, parking garages. or other similar facilities and.mass transportation systems must be approved by vote of a majority of the affected property owners. Any municipality which is legally obli- gated for providing capital improvements for water, alternative water supplies, including, but not limited to, reclaimed water, water from aquifer storage and recov- ery, and desalination systems, or sewer facilities within an unincorporated area of the county may recover the costs, of the capital improvements by levying and col- lecting special assessments for the purposes author- ized in this section on the specially benefited property: however, collections of the special assessment shall not take place until the specially benefited property con- nects to the capital improvement. IN Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS F.S. 1995 (2) Special assessments may be levied only for the purposes enumerated in this section and shall be levied only on benefited real property at a rate of assessment based on the special benefit accruing to such property from such improvements when the improvements funded by the special assessment provide a benefit which is different in type or degree from benefits pro- vided to the community as a whole. (3) Any municipality, subject to the approval of a majority of the affected property owners, may levy and collect special assessments against property benefited for the purpose of stabilizing and improving: (a) Retail business districts, (b) Wholesale business districts, or (c) Nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services in such districts of the municipality. This subsection does not authorize a municipality to use bond proceeds to fund ongoing operations of these distrlcts. History—s, 1. ch, 9298 1921 CGL 3022; s. 1, ch. 59-396: s 1, Chr 67-552. s I Or 78-350: s 32, ch, 79-164; s 1, ch 82-198: s 32 ch. B3-204; s i, ch 83...337: S " Ch. 87-103: S' 39, ch. S 1, ch. 92-156; s. 2, ch 94-344; s 4, ch 95-323, 170.02 Method of prorating special assessments. Special assessments against property deemed to be benefited by local improvements, as provided for in S. 170.01, shall be assessed upon the property specially benefited by the improvement in proportion to the bene- fits to be derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective properties specially benefited by said improvement, or by such other method as the governing body of the municipality may prescribe. History.—s. 2, ch. 9298, 1923; CGL 3021 170.03 Resolution required to declare special assessments.—When the governing authority of any municipality may determine to make any public improve- ment authorized by s, 170.01 and defray the whole or any part of the expense thereof by special assessments, said governing authority shall so declare by resolution stating the nature of the proposed improvement, desig- nating the street or streets or sidewalks to be so improved, the location of said sanitary sewers, storm sewers, and drains, the location of said' water mains, water laterals, and other water distribution facilities, the location of the utilities, the location of the recreational facilities, the location of the seawalls, the location of the drainage project, or the location of the retail or wholesale business districts or nationally recognized historic dis- tricts to be improved, and the part or portion of the expense thereof to be paid by special assessments, the manner in which said assessments shall be made, when said assessments are to be paid, what part, if any, shall be apportioned to be paid from the general improve- ment fund of the municipality; and said resolution shall also designate the lands upon which the special assess- ments shall be levied, and in describing said lands it shall be sufficient to describe them as "all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefited thereby and further designated by the assessment plat hereinaf- ter provided for,"' Such resolution shall also state the total estimated cost of the improvement. Such esti- mated cost may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements, and fran- chises acquired, financing charges, interest prior to and during construction and for 1 year after completion of construction, discount on the sale of special assess- ment bonds, cost of plans and specifications, surveys of estimates of costs and of revenues, cost of engineer- ing and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction, administrative expense, and such other expense as may be necessary or incident to the financing herein authorized. Hh;IoryI___5r 3. Cr 9298 1921 CGL 3024: s, 2, ch 69-396. S. 2. ch 67-552: s I ch 78 3X3 s 2. ch 87-103, s 40, ch 91-45, s 2 ch, 92-156, s. I ch 94-344 170.04 Plans and specifications, with estimated cost of proposed improvement required before adop- tion of resolution,—At the time of the adoption of the resolution provided for in s. 170.03, there shall be on file with the town or city clerk, or like officer, of the munici- pality adopting said resolution, an assessment plat showing the area to be assessed, with plans and specifi- cations, and an estimate of the cost of the proposed improvement, which assessment plat, plans and specifi- cations and estimate shall be open to the inspection of the public. History. --s 4, ch 9298. 1923CGL 3025. s I VI 59-396 170.05 Publication of resolution.—Upon the adop- tion of the resolution provided for in s. 170.03, the munic- ipality shall cause said resolution to be published one time in a newspaper of general circulation published in said municipality, and if there be no newspaper pub- lished in said municipality, the governing authority of said municipality shall cause said resolution to be pub- lished once a week for a period of 2 weeks in a newspa- per of general circulation published in the county in which said municipality is located. History.—s. 5. ch 9298, 1921 CGL 3026, 170.06 Preliminary assessment roll,—Upon the adoption of the resolution aforesaid, the governing authority of the municipality shafl cause to be made a preliminary assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed as promptly as possible; said assessment roll shall show the lots and lands assessed and the amount of the benefit to and the assessment against each lot or parcel of land, and, if said assessment is to be paid in installments, the num- ber of annual installments in which the assessment is divided shall also be entered and shown upon said assessment roll, History—s. 6, ch 92K 1923; CGL 3027; n 3. Ch. 157-552: s. 4, ch. 87-103, 170.07 Publication of preliminary assessment roll. Upon the cornpietion of said preliminary assessment roll, the governing authority of the municipality shall by resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of making IF.S. 1995 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS Ch. 170 such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Ten days' notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property own- ers at his or her last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the city or town clerk or engineer deems reli- able, proof of such mailing to be made by the affidavit of the clerk or deputy clerk of said municipality, or by the engineer, said prool. to be filed with the clerk, provided, that failure to mail said notice or notices shall not invak- date any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in said municipality, and if there be no news- paper published in said municipality the governing authority of said municipality shall cause said notice to be published in like manner in a newspaper of general circulation published in the county in which said munici- pality is located: provided that the last publication shall' be at least 1 week prior to the date of the hearing. Said notice shall describe the streets or other areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of prop- erty may be ascertained at the office of the clerk of the municipality. Such service by publication shall be veri- fied by the affidavit of the publisher and filed with the clerk of said municipality. Hislory—s. 7, Ch. 9298, 1923. CGL 3028: s, 4. ch. 59-3% s, ', ch. 77-10Z s 5, Ch. 87-103; s. 914, ch..95-147, 170.08 Final consideration of special assess- ments; equalizing board to hear complaints and adjust assessments; rebate of difference in cost and assess- ment.—At the time and pCace named in the notice pro- vided for in s. 170.07, the governing authority of the municipality shalt/ meet and hear testimony from affected property owners as to the propriety and advis- ability of making the improvements and funding them with special assessments on property. Following the testimony, the governing authority of the municipality shall make a final decision on whether to levy the special assessments. Thereafter, the governing authority shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right, When so equalized and approved by resolution or ordinance of the governing authority, a final assessment roll shall be filed with the governing author- ity of the municipality, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against which such assess- ments are made until paid; however, upon completion of the improvement, the municipality shall credit to each of the assessments the difference in the assessment as originally made, approved, and confirmed and the pro- portionate part of the actual cost of the improvement to be Paid by special assessments as finally determined upon the completion of the improvement, but in no event shall the final assessments exceed the amount of bene. fits originally assessed. Promptly after such confirma, tion, the assessments shall be recorded by the city clerk in a special book, to be known as the "Improvement Lien Book," and the record of the lien in this book shall consti- tute prima facie evidence of its validity. The governing authority of the municipality may by resolution grant a discount equal to all or a part of the payee's proportion- ate share of the cost of the project consisting of bond financing costs, such as capitalized interest, funded reserves, and bond discount included in the estimated cost of the project, upon payment in full of any assess- ment during such period prior to the time such financing costs are incurred as may be specified by the governing authority. History.—s. 8, ch. 9298, 1923; CGL 332'5, s, 5 n. 59-356; s 1, Ch, 78-330; s. 73, ch. 81-259; s 6, ch, 87-103, 170.09 Priority of lien; interest; and method of pay- ment.—The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate not to exceed 8 percent per year, or, if bonds are issued pursuant to this chapter, at a rate not to exceed 1 per- cent above the rate of interest at which the improvement bonds authorized pursuant to this chapter and used for the improvement are sold, from the date of the accept- ance of the improvement; and may, by the resolution aforesaid and only for capital outlay projects, be made payable in equal installments over a period not to exceed 20 years, to which, if not paid when due, there shall be added a penalty at the rate of 1 percent per month, until paid. However, the assessments may be paid without interest at any time within 30 days after the improvement is completed and a resolution accepting the same has been adopted by the governing authority. Wslory—s. 9, ch 9298. 1923: CGL 3030 s 6, ch. 59-3W s. 1, ch. 61_349; s. 4, 0 67-55Z s I ch. 80-318 s. 74. ch 81-259; s 5, ch, 62-195 s. 2, chB2-198; s, 33, ch. 83-204, 170.10 Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due; foreclosure; service of process.—Each annual installment provided for in s, 170.09 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or any part thereof, or any annual interest upon deferred payments, the governing authority of the municipality shall cause to be brought the necessary legal proceed- ings by a bill in chancery to enforce payment thereof with afl accrued interest and penalties, together with all legal costs incurred, including a reasonable solicitor's fee, to be assessed as part of the costs and in the event of default in the payment of any installment of anassess- ment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any spe- 1303 Ch. 170 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS, F.S. 1995 tial assessment service of process against unknown or nonresident defendants may be had by publication, as now provided by law in other chancery suits. The fore- closure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceed• ings as now provided by law in suits to foreclose mort- gages„ or, in the alternative, said proceeding may be instituted and prosecuted under chapter 173. History -5 10. ch. 19298, 1923 CGL 3031: s 7, ch 59-396 170.11 Bonds may be issued to an amount not exceeding, the amount of liens assessed for the cost of improvements to be paid by special assessment.— After ssessment,After the equalization, approval and confirmation of the levying of the special assessments for improvements as provided by s. 170.08 and as soon as a contract for said improvement has been finally let, the governing author- ity of the municipality may by resolution or ordinance authorize the issuance of bonds, to be designated "Improvement bonds, series No, _," in an amount not in excess of the aggregate amount 01 said liens levied for such improvements. Said bonds shall be payable from a special and separate fund, to be known as the "Improvement fund, series No. which shall be used solely for the payment of the principal and interest of said "Improvement bonds, series No. --r" and for no other purpose. Said fund shall be deposited in a sepa- rate bank account; and all the proceeds collected by the city from the principal, interest, and penalties of said liens shall be deposited and held in said fund, Said bonds so issued shall never exceed the amount of liens assessed, and said bonds shall mature not later than 2 years alter the maturity of the last installment of said liens. Said bonds shall bear certificates signed by the clerk of the municipality certifying that the amount of liens levied, the proceeds of which are pledged to the payment of said bonds, are equal to the amount of the bonds issued. The bonds may be delivered to the can - tractor in payment for hi,s or her work or may be sold at public or private sale for not less than 95 percent of par and accrued interest, the proceeds to be used in paying for the cost of the work. Said bonds shall not be a gen- eral obligation of the city, but shall be payable solely out of said assessments, installments, interest, penalties, provided that said bonds may be secured by any other revenues that may be legally available for such purpose. Any surplus remaining after payment of all bonds and interest thereon shall revert to the city and be used for any municipal purpose. Bonds issued Linder this section may be refunded from time to time as provided in this section. History.—s. I 1� ch 9293 1923: CGL 3032.'s. 8. ch 59-3913: S 5, ch 67,552: S ch - -147 , 75-330: S 3. Ch, 92-156� ch, 95 be enforced or collected, or if the governing authority of a municipality shall have omitted to make such assess- ment when it might have done so, the governing author• ity of the municipality shall take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefited by any improvement, following as nearly as may be the provisions of this chapter and in case such second assessment shall be annulled, said governing authority of any municipality may obtain and make other assessments until a valid assessment shall be made. History. --s. 14, ch 9298, I93:3; CGL 3035; $ 11, ch 59-390 170.115 Expenditures for improvements.—The gov. erning authority of any municipality may pay out of its general funds or out of any special fund that may be pro- vided for that purpose such portion of the cost of any improvement as it may deem proper. History -5 15, ch 9298, 1921 CGL 3036: 5 12, ch. 59-39e 170.14 Governing authority of municipality required to make new assessments until valid assess- ment is made if special assessment is omitted or held invalid.—If any special assessment made under the pro- visions of this chapter to defray the whole or any part of the expense of any said improvement shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the governing authority of any municipality shall be satisfied that any such assess- ment is so irregular or detective that the same cannot 170,16 Assessment roll sufficient evidence of assessment and other proceedings of this chapter; variance not material unless party objecting materially injured thereby,—Any informality or irregularity in the proceedings in connection with the levy of any special; assessment under the provisions of this chapter shall not affect the validity of the special assessment where the assessment roll has been confirmed by the govern- ing authority. The assessment roll as finally approved and confirmed shall be competent and sufficient evi- dence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of the assessment roll were duly had, taken, and performed as required by this chapter, and no variance from the direc tions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. However, nothing in this section shall relieve the governing authority from notifying the affected prop, erty owners of the special assessments as required by this chapter. History-$. $6. ch. 9299, 1923: CGL 3037:, s. 7, ch. 67-103; s 41, ch, 91-45 170.17 Denomination of bonds; interest; place of payment; form; signatures; coupons; and delivery.— All bonds issued under this chapter shall be the denomi- nation of $500, or some multiple thereof, and shall bear interest as provided in s. 215.84 until paid in full, payable annually or semiannually, and both principal and interest shall be payable at such place or places as the govern- ing authority may determine. The form of such bonds shall be fixed by resolution of the governing authority Of the municipality, and said bonds shall be signed by the mayor or chief executive officer of the municipality and the clerk or other like officers thereof, under the seal of the municipality; the coupons, if any, shall be executed by the facsimile signatures of said officers. The delivery of any bond and coupon so executed at any time there- after shall be valid although before the date of delivery the person signing such bond or coupons shall cease to hold office.V History.—$. 17, ch 929,8, 1923: CGL 303& s. 13. ch. 59-396, s 16� ch 6. ch 82_195; s, 4, Ch 92-156 170.18 Notice required; where no newspaper is publishedin county in which municipality is situated,. - 1304 RS, 1995 Where, by , notice is ret paper, if the in which the shall be pos least five pub shall be the the governin History.s 18, 170.19 C This chapter Florida, be fL bonds by th strued as an financing of ordinance, re of the issuam nary, except i publication of or proceedinc F.S. 1995 SUPPLEMENTAL METHOD OF MAKING LOCAL IMPROVEMENTS Ch. 170 Where, by any of the provisions of this chapter, any notice is required to be given by publication in a news- paper, if there be no newspaper published in the county in which the municipality is situated, then such notice shall be posted for the prescribed period of time in at least five public places in the municipality, one of which shall be the city or town hall, or the place of meeting of the governing authority, if there be no city or town hall. History.—s. 18, ch. 9298,1923: CGL 3039. 170.19 Construction and authority of chapter.— This chapter shall, without reference to any other law of Florida, be full authority for the issuance and sale of the bonds by this chapter authorized, and shall be con- strued as an additional and alternative method for the financing of the improvements referred to herein. No ordinance, resolution, election or proceeding in respect of the issuance oe-any bonds hereunder shall be neces- sary, except such as is required by this chapter, and no publication of any resolution, ordinance, election, notice or proceeding relating to the issuance of the bonds pro- 1305 vided for by this chapter shall be required, except such as required by this chapter. History.—s. 19, ch. 9298,1923; CGL 3040: s. 14, ch. 59-396. 170.20 Bonds negotiable.—Bonds issued under s. 170.11 shall have all the qualities of negotiable paper under the law merchant, and shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. History.—s. 20, ch. 9298,1923: CGL 3041: s. 15, ch. 59-396. 170.21 Provisions of chapter supplemental, addi- tional, and alternative procedure.—This chapter shall not repeal any other law relating to the subject matter hereof, but shall be deemed to provide a supplemental, additional, and alternative method of procedure for the benefit of all cities, towns, and municipal corporations of the state, whether organized under special act or the general law, and shall be liberally construed to effectu- ate its purpose. History.—s. 21, ch. 9298.1923: CGL 3042: s. 16, ch. 59-396. August 25,1997 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Pavement Testing and Design of Commerce Street .Dear Ed: - Per your request SSA is pleased to submit our engineering fee proposal for the rebuilding of Commerce Street In general SSA 41 perform the following tasks for the roadway. • pavement corings (and subgrade borings) • design surveys • construction design drawings • preparation of regulatory permits • construction support activities SSA has recently inspected this roadway system and visually, it appears that the base layers have failed. (The _ pavement coring tests will confirm this observation.) Also, SSA observed the drainage Sows in the existing curb/gutters and it appears that at least one catch basinrnlet will be necessary. It is understood that this road is a private street and pending the type of assessment program adopted by the Council, may be brought into the - City's system. SSA's specific scope of services for the rebuilding of Commerce Street includes the following: SSA SCOPE OF SERVICES Task 1- Obtain Pavement Codngs SSA will coordinate with our subconsultant to obtain three (3) pavement corings along the roadway. SSA will also perform hand auger borings to fourffive foot depths into the subgrade in order to evaluate materials and potential ground water layers. A recommendation for re -building the road will be made to the City at this point Task 2 - Design Surveys SSA will obtain design cross sections of the existing roadway and obtain key inverts of existing drainage inlets. For this proposal no rights -0f --way mapping will be performed for the. roadway. Task 3 - Construction Design SSA will prepare construction design drawings for the rebuilding of Commerce Street Initial designs will include coordination with utility companies and development of drainage designs. A reuse line may be .installed by others for this roadway. Additional coordination with adjacent land owners will also be performed to allow for driveway access. Other initial design efforts will include coordination with the MOT and SJRWMD for permit applications. As this work is a retrofit; no detention systerT%'mn71 be STOITY.ER STARMER & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS. - INC. 6680 North Atlantic Avenue P.O. 8cuL1630 , , �,ap� C.vcavenj,Fbr Ja , 201f30 w ei07 783 1320 Fax 407 783 7085 Y,•11?Af TAc,l7oatAr, ! A W�vf! Mr. Ed Gardulski August 25,1997 Page 2 proposed. The design drawings will address stage construction so that access can be maintained to adjacent businesses. Task 4 - Preparation of Regulatory Pennii Applications SSA will prepare regulatory permit applications for both the FDOT and SJRWMD. Coordination with City staff will also be maintained for the design work. Preparation of permit applications will include one (1) request for additional information (RAI) from each agency. Task 5 - Construction Support Activities SSA will support the City during construction operations, with the following work tasks: • attend pre-bid and pre -construction meetings • perform six (6) inspections of the work in progress (to support certification) • provide certifications to the City and SJRWMD of completed work • provide a review of contractor draws for the City SCHEDULES AND FEES Schedules Upon receipt of the Citys written authorization to proceed SSA will perform task 1 within one (1) week Tasks 2 through 4 will then be completed within the next 45 days. Construction support services schedules will be established by SSA following the pre -construction meeting with the City. Fees SSA's fees for the above listed tasks will include the following lump sums: Task 1- Lump Sum Fee of $300.00 Tasks 2 through 4 - Lump Sum Fee of $12,600.00 Task 5 - Lump Sum Fee of $4,200.00 Total Lump Sum Fee for the proposed work will be $17,100.00. The above fees include reproduction services of up to 10 sets of construction drawings and regulatory permits. SSNs fees will be invoiced based on a percentage of work being completed each month and payment will be due within thirty (30) days of receipt Additional printing (other than noted above) requested by the City will be invoiced at our cost plus 15%. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. Mr. Ed Gardulsld August 25,1997 Page 3 It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the -project Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through October 15, 1997. Acceptance after this date may necessitate increased fees or altered conditions. Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. Sincerely, Stottler Starmer & Associates Architects, Engineers, Planners, Inc. John A Pekar, PE Vice President JAP jls cc: Pat Dwyer ACCEPTANCE: 0 TITLE: DATE: Prepared By John Pekar, PE Manpower Estimate - Commerce Street 22 -Aug -97 City of Cape Canaveral, Florida as_I:aluyUprojadApcopo:aM1cm�morca tired ape cra+mt Pro ect Engineer I Hrs Rate $ 75.00 Design En Hrs $ (neer Rate 75.00 En inee ng Hrs $ Support I Rate . 55.00 CADD Word rocessing Hrs Rate Hrs Rate $ 50.00 $ 37.50 Hrs Total Dollars Design 6 $ 450.00 40 $3,000.00 16 $ 880.00 40 $ 2,000.00 4 $ 150.00 108 $ 6,480.00 Design Meetings 4 $ 300.00 4 . $ 300.00 2 $ 110.00 10 $ 710.00 Utility Meeting 4 $ 300.00 4 $ 300.00 Bir! Documents 5 $ 375.00 2 $ 150.00 7 $ 525.00 S edfications 5 $ 375.00 2 $ 150.00 7 $ 525.00 Cost Estimates 6 $ 450.00 2 $ 150.00 8 $ 600.00 FDOT Permit 8 $ 600.00 4 $ 300.00 4 $ 220.00 16 $ 1,120.00 SJRWMD Permit 8 $ 600.00 4 $ 300.004 $ 220.00 16 $ 1,120.00 Ci Review 2 $ 150.00 2 $ 150.00 4 $ 300.00 Construction Management Pre Bid 8 $ 600.00 8 $ 600.00 Pre Construction 8 $ 600.00 8 $ 600.00 Ins tions 24 $ 1,320.00 24 $ 1,320.00 Certification 16 $1,200.00 16 $ 1,200.00 Sum - Lump Sum Fee includes 8 hours Geld, 4 hours office and 8 Cadd lottin $ 1,300.00 Subconsultant - Lump Sum Fee for 3 Codngs and Repoit $ 300.00 Pdnffng Costs - Lump Sum $ 100.00 GRAND TOTAL ' $ 17,100.00 as_I:aluyUprojadApcopo:aM1cm�morca tired ape cra+mt 6"no I a Solicitation # 123125-94-A-RO69 M I M $I AIES POSTALSMCL 1. Facility Name/Location: Date MAIN OFFICE — CAPE CANAVERAL, FL 32920-9998 07/01/1994 2. Submit Proposals To: 3. Preforrod Area: ROBERT T. WILKES JR. NORTH BY: PORT CANAVERAL WATER WAY R E SPECIALIST SOUTH BY: JOHNSON AVENUE ATLANTA FSO EAST BY: ATLANTIC OCEAN 4000 DEKALB TECH PKWY 300 WEST BY: BANANA RIVER ATLANTA, GA 30340-2799 Submit not later than the close of business on: 08/01/1994 4. The site size desired falls within a range from 1.46 to 1.75 acres of land, excluding setbacks, easements, drainage and water retention, septic requirements, and any other unusual conditions affecting land' development and use. The optimum site dimensions are 225 feet of frontage by 300 feet of depth. 5. Offerors must own or control the site and must state the price. If the offer is submitted by an agent for the owner, evidence of that agent's exclusive authority to sell the subject site must accompany the offer. 6. Offers should be submitted on USPS ASSIGNABLE OPTION TO PURCHASE and shall provide a minimum of 06 months for acceptance of the offer. 7. The property offered must be property zoned to permit,use for the planned postal facility or must be capable of being rezoned for such use without delay of construction. If a zoning change or replatting is required, the offeror will be responsible for all such actions and the cost thereof. USPS personnel may, if requested by the owner or local officials, attend hearings to present a summary of the interest of the USPS regarding the site. Closing will not take place until all zoning and replatting requirements are met. 8. Sites offered will be evaluated on the basis of location, cost, value, accessibility to customers and transportation networks, availability of utilities, soil conditions, environmental conditions, topographic features and otherfactors affecting development and use. 9. USPS reserves the right to negotiate with offerors for better terms, clarification of any conditions, modifications, or any other changes deemed necessary; to secure offers on; properties other than those offered in response to this solicitation; and/or to reject any and all offers. This is not a sealed solicitation and proposals will not be publicly opened. Information as to the number of proposals received or the identity of the offerors will not be made available to any person whose official USPS duties do not require such knowledge. should include the following information: The offerors daytime telephone number and address; a plot plan (Q.,Proposals 61r"survey plat that readily identifies the property, its size, dimensions, location of any buildings thereon, abutting streets, alleys, easements and rights of way, and acopy of any applicable building and/or title (deed) restrictions that would affect development of the property. A correct legal description, copy of the current deed and photographs are desired. September 1992 1 Solicitation # U.S. Postal Service 123125-94-A-RO69 Solicitation for Proposals "� y U=D 9iertr's Sites P05 LSERv-Cr Facility Name/Location: Lute MAIN OFFICE -- CAPE CANAVERAL, FL 32920-9998 07/01/1994 11. Additional information and materials may be obtained by calling the undersigned. ` Other Provisions: ._ OFFERORS MUST PAY PARTICULAR ATTENTION TO PARA.' S 5, 7, &(19)OF THIS SOLICITATION AND PROVIDE THE REQUIRED INFORMATION FOR EVAALUATION. EITHER THE USPS OR ITS ASSIGNEE WILL OBTAIN A TOPOGRAPHIC AND BOUNDARY SURVEY TO DETERMINE THE LEGAL DESCRIPTION FOR THE DEED. SITES SMALLER OR LARGER IN SIZE THAN ADVERTISED FOR MAY BE CONSIDERED DEPENDING UPON SETBACKS, EASEMENTS, ETC., AND HOW THESE FACTORS INFLUENCE THE TOTAL SITE UTILIZATION. Signature Name and "title (Printed) and Telephone No. ROBERT T. WILKES JR. R E SPECIALIST (4-0-4-) 454-0642 '"t Tj September 1991 A Mr. Arthur W. Berger, Jr. 627 Adams Avenue Cape Canaveral, FL 32.920 Dear Mr. Berger: .4 ty of Cape Canaveral As you are aware, Commerce Street, a privately owned road, is in need of reconstruction. Recently, our city engineer completed pavement curings of this roadway to analyze the subgrade in order to prepare a construction cost estimate. The preliminary estimate is approximately $92,818. The city was offered ownership of this roadway by Shuford Development and a contribution of $10,000 to help fund the reconstruction of this roadway. It is the polidy of the city not to accept dedication of a roadway unless it is constructed to city specifications. The, city may accept the roadway once a final plan for reconstruction is approved by the property owners and the city. There are (3) options to consider: (1) special assessment, (2) a settlement agreement, and (3) the property owners work together to reconstruct the road. Options (1) and (2) are detailed on the attached worksheet. We are requesting a written response on which option you wish to consider by 10-24-97. If you have any questions, please contact me anytime. Sincerely, B C.13ouc City Manager BCB-kmrn Encs. (ESA's cost estimate, coring analysis and worksheet) cc: Honorable Mayor and Members of City Council 105 POLK AVENUE * POST OFFICE BOX 326 e CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 * FAX (407) 799-3170 SPECIAL ASSESSMENT - OPTION NO.1 Estimated Construction Cost $92,818 Estimated Administrative Costs (legal fees, advertising, prep. rolls) $ 5,000 Estimated Costs $97,818 Less Contribution from Shuford Development (10,000) TOTAL ESTIMATED COST PARCEL # FRONTAGE % OF FRONTAGE PRINCIPAL" 757 120' 12% 10,538.16 785 150' 15% 13,172.70 822 237' 24% 21,076.32 824 487 49% 43,030.82 TOTALS 994' 100% 87,818.00** *Annual interest rate per Florida Statute is 8%; Length of payment period to be negotiated with City Council;- cannot exceed 20 years. **Costs will be finalized based upon construction bid. SETTLEMENT AGREEMENT - OPTION NO.2 Estimated Construction Cost $ 92,818 Less Contribution from Shuford Development (10,000) Less Administrative Cost from Option No. 1 5,000) TOTAL ESTIMATED COST PARCEL # FRONTAGE % OF FRONTAGE PRINCIPAL* 757 120' 12% 9,338.16 785 150' 15% 11,672.70 822 237' 24% 18,676.32 824 487 49% 38,130.82 TOTALS 994' 100% 77,818.00** *Payment of total principal is due from each property owner prior to construction. Settlement agreement will be drafted by the city attorney. **Costs will be finalized based upon construction bid. = 25-00, 39.2 1 — 61 900700,100 C ' O = S 66009*21" w 35.,36, UEAS. OA- 0& *4,1 40 1/4' IRoN ROD DEI = 210,00' ts 241,7 = 31.28'.x8" rAS� 36' 53'45" W I IJ.94' M, Ve IRON ROO 0010 POINT Sr DEJrHCRN PLS 2412 25.00' X42 51r IRON of 89"59'°#8" M oJil 39.27' = S 07'J8'15" W 35.35, MEAS, cV = 25, 00' = 90*00'12" 39-27' DC7 a 4i S 82021'45- r 35.36' MEAS. R I : 31' 28'48"47 l*v 52.42'ry N 36'53'45" E 81.38, MEAS. $1turrrruRN PLS 24 r2 25.00' pv 90' 00'00" cl) 39-27' VT IRON RW N 23'50'39' W MEAS. 51r L40M ROD 000 RN PtS 2412 OFFICIAL RECCRD: b, 10 elm. 1 (JI 112' fROM ROD LO 762 N 2411 rc. ve IRON 900 Dcnhcft PLS 2412 00: 1p bei d e., PK mout Dr�K Flo, PCP PES 2402 sai 1�t the 21' alar Mow ROD cur Lft 70 M 01041 3c1 W O.G4, nor <1% Flow "2,�% 196 wiff, 17 s ! thrc 232 Hor°. poir raving ana orainage.lmprovements'.'j f a minary.ConstructiorfCost Est` r- 1'`L.-•:�'-'101�iep�9_7 .�•,{•'ti:i fi, � !' - 1 K L.�' f '�`J-,_,., �xr•° •�; .�;:�� `..' ° .i: .• ..a .,� 4 • � TG i' gip- i � 5 -•. ..0?Ti,:� �i 2,000 00 ,'' f $2j0Vi/ 001. - 'artcL�Base SY 1500 0 1 $500 7,500.00f'si r t w Gutter a t` LF • ' €.i 100 0 J ' $4.00 r = ; ; -` ; _.i': ;,r n _ '.1350.0 -, t '$4.00 • - $5;400 00 : r < <- \ •`e,CY .$500:00 ;,% $500.00 is Cond.,._ :SY 1500 0 $3.50 $5,250,00, `` $275 ,$4,620.00:;'; ` Sy 1680 0 $4.00 $6,720:00 ti 11.00.0 $7 00 $7,700:00 - use) :FA :1:0 outs), _ L1= :1100 0 $10:00 $11,000.0 0 SY'' 254.0 $2 75 :OPrastic} LF 100 : $0.35"' ,y t _$35.00 .Pavement Marririopla kings:(24" Thesftc) ; ;LF 30 $2.00 T. Signage (Retocatiori) i EA 4� L _ $150.00 w .� by r. r` ��{.= i:rL � f � `•f - _ 1 .Sidewalk (5'wide, 4" thick). SY '225.0375.00 -Subtotal' `S77 348.00 , ` : 20% Contin: 6n • .-•.• • - ' .S �Y ' - . S1S,470 00 ' "TOTAL $92,818.00 4. Cost does not Enclude ` - _ •� - •inairtUtinance of ZtattItS - - utiitlj+ coordtnaSon (FPL, 3cuthem t3ell, T11YC, etc.).andlor ielocatiorl to water, reuse; sanitary sower): ghtl nj. - !l ••' l,�•������: ,Y,,,����uu�y i.� .iS t'•� i.t' •- �f� -_ - •.r,. •reeiovafaL unsuitable > .G, ��.! ': -jy •.• ��yy •+ A OIC Y`'• iL• fit, •1+ . f T• -" I: • corssbirelianadinittfstratlon ,•� ,` + • I \•' - - - -f ri. of tva `ate dail landscapirip r - !r \ t V•• ♦. L- '' tet. .. ,r,, .-J• �\. '.yr .fir -!. •_i •;t, �•s �`= ;.�:•;_ % `y;�• f .)• •zIF •w. •.4,. 3•y ..1 '.r: t ria . :e. �STOTTLER� STAGG'� & :ASSOCIATES ARCHITECTS �' ENGINEERS PLANNERS, . INC.' ' - - ' 8880 North AtlanticAvenue P.O. Hoz 1830 � 'Cape Canaveral. FtoEda 32920-1890 ' •.407 783 132A • Fou 407 763, 7065 •� ' 'ATLANTIC TEStING L'BORATORIES, -.INC.,,., • . ::• .Testing, Scits and Foundation Engineers k'! POST OFFICE BOX 364816 MELBOURNE. FLORIDA 32936-0816 (407) 2594141 FAX: 259.4838 Reported to: Stottler-Starmer & Associates Date Reported: 9-08-97 8680 N. Atlantic Avenue Report No 1 (9-118) Cape Canaveral, Florida 32920 Project No: 97-3134-A-1 Sampled by: BS Report of: Profile of Pavement & Subsurface Sampled from: Job Site Date Sampled: 9-05-97 Project: Commerce Street Cape Canaveral, Florida Sample . Location Profile 1 50' East of AlA-Centerline 1' Type II Asphaltic Concrete (Asphalt) 4' Soil Cement Base 5' to 1.5' Light Brown Sand, trace of shell 1.5' to 2.0' Light Gray Sand, trace of shell 2.0' Waterline 2 196' East of Al A -Right Side 1' Asphalt 5' Soil Cement Base 6' to 1.0' Light Brown Sand, trace of clay & shell 1.0' to 2.0' Light Brown Sand, trace of shell 2.0' to 2.5' Olive Gray Sand with little silt 2.0' to 5.0' Olive Gray Sandy Sift Ground Water Table = 3.8' 3 342' East of Al A -Left Side 11/4 Asphalt 41/2' Soil Cement Base 6' to 1.0' LIght Brown Sand, trace of shell 1.0' to 2.5' Dark Olive Gray Sandy Silt 2.5' to 3.0' Dark Olive Gray Sandy Silt, trace of shell 30 to 5.0' Dark Olive Gray Fine Silty Sand, trace of fine shell fragments Ground Water Table : 3.2' 4 488' East of A1A-Centerline 11/4" Asphalt 53/i Soil Cement Base 7' to 2.0' Light Brown Sand with trace of shell 2.0' to 3.0' Light Brown Sand & Silt (layered) 3.0' to 4.0' Dark Olive Gray Silt 4.0' to 5.0' Dark Olive Gray Silt with fine shell fragments Ground Water Table = 4.0' /Respectful y submitted, .v -ter C. Swarr, P.E. #44159 cc: (2) Client Vice President (1) Fie 9-08-97 (1) Acct H:\Cc=,ares.PAV As a mutual protection to our clients, the public and ourselves, all reports are submitted as confidential property of the clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports 13 reserved subject to our written approval. THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 October 15,1997 Mr. Bennett C. Boucher City of Cape Canaveral 105 Polk Ave. P.O. Box 326 Cane Canaveral Fl. 32920-0326 Re: Commerce Street Dear Mr. Boucher, Florida Office 4693 South Atlantic Avenue Ponce Inlet, Florida 32127 Phone No. 904-756-2116 Fax No. 904767-6651 Pursuant to your writing of September 22,1997 regarding Commerce Ave. I am writing this letter as my official response as to the option that I would consider. 1 would be favorable to option # 2 - Settlement Agreement, Providing since Parcel # 824 is the largest I would like to have the right to rename the street. Your truly, M � v William J. Kuczek Trustee Allison Storage Corporation 8570 Commerce Street Cape Canaveral, FL 32920 (407) 799AO75 October 22, 1997 City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 RE: COMMERCE STREET ( Your letter dated September 22, 1997 ) Dear Mr. Boucher: We received your letter stating we have three options to consider regarding Commerce Street. At this time we believe none of those options are acceptable or in the best interest of this company. Sincerely, Lillian M. Barnes Director Arthur W. Berger 627 Adams Avenue Cape Canaveral, FL 32920 October 24, 1997 Mr. Bennett C. Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 Re: Commerce Street Dear Mr. Boucher: We have received your letter dated September 22, 1997. It would have been nice if you would have called together the owners of the property on Commerce Street to try to resolve this as a team, not just you giving three options. Let me remind you that numerous times I've brought to your attention, and to the attention of City Council members, the fact that based on all legal descriptions that I can locate, this is not a dedicated roadway. It is simply a private easement. Also, according to the research I have performed, the only one who has legal access to this easement, Commerce Street, is the piece of property we own, known as parcel number 785. If you will recall, the City created this situation. To my knowledge, Commerce Street had little or no problems until the City required the post office put their access on Commerce Street instead of using Central Street and AlA. The City's sentiment at that time was to eliminate, or not to create any more openings into AIA. You, the City Council, and the city engineer directed the post office to construct their openings on a private easement. The other option for the post office was to jointly do a driveway on AIA with McDonald's. My understanding is that McDonald's and the post office could not come to an agreement due to liability and insurance issues. You charged the owners of the adjacent property, as well as myself, permit fees to tap into the Commerce Street easement. At the same time, you made all of the roadway cut -ins adhere to the City's criteria for normal dedicated roadway cut -ins. By not allowing the owners of the post office and Don Haynes the right to cut into Central Street or into Al A, I feel that the City has created the damage to the road. By the actions of the City Council and their engineer, you forced anyone who uses the post office to go onto this private easement which in turn has caused all these problems. Your options of forcing assessments on the property owners to repair a road at twice the normal cost seems absurd. If you will recall, since the inception of the City, you imposed taxes on this easement, collected them, and used them throughout the City. I think it would only be prudent to use that tax money to handle these repairs, or to refund it, with interest compounded, to the rightful owner. Mr. Bennett C. Boucher October 24, 1997 Page - 2 My research of the records also indicates there is water and sewer easements on this property that belong to the City and the Cocoa Water Department. When were these utilities installed, prior to the road or afterward? I believe it would be in the best interest of the City to go ahead and take possession of the easement as is. Another option would be to refund the moneys that the City collected for permits and driveways; have the owners access the property from AIA, and just maintain their sewer easement. It would not offend me to close Commerce Street to city traffic, i.e., gate it off. Since the City created this situation, I do not feel the problem should be borne by the property owners. In the future Bennett, my phone number is (407) 868-6700, feel free to call me any time. Please contact me so that we can resolve this situation with all the property owners and the City face to face. Sincerely yours, Arthur W. Bereer cc: Honorable Mayor and Members of City Council AWB/pao mw-d:ladmi ncicomst. doc CITY OF M, A ; PH TelePhcne: (407) 868-1230 E -Mal, caper Web Page- N M My •_ Dqq ----------------- TO: CONVANY. AT°i^�i� FAX NO: maMER OF PAGES ONCLUDING COVER P AGE): FRONt CITY OF CAPE CANAVERAL r+4 wv.Aw`��.�11di E: y,.,M"" I^ ,�. ",�",.� "r'� d�"�M1,..•,�,w,� I ��� �`,� l;«✓'d^� R� P„ ,�'��y ,�"d �:""'1'»,.� FALX N(9. (40 7) 799-3170 �tllrr�I RE� S: ��.R �„r�d� r rJ”"'d�,✓D �yAp'7! .'� "'RSA.....- rviw ..nk ....— d,n ✓'"r^ d'��n.-✓,.fir y. dd � K" Y (. p i'g & ft' b A ✓ A✓ l .." N{% z olp rr kP �,- S ° 0 pr acre fi+ .0/9 � 7 x 0 CP � s rudtrd o" Cog Now Rlg w of :wo n LSVd an rw,, aCalf Now .T/I to 41 t d ar 6,14 m4OHvja a 'a ri iriF i as7 cod! modrm 0/'C ,00.00.06 e00'S rip., &"Td mroalr" .� S p 3►M .9F' d 8 3 „Sf.f S .9 N (dy aper NO& .9/9 J N a „Zde00.06 .t)0 "9Z qox nr0.Yd �/ �Pli St3W ,Cf SF Mi ,.9i,9r.,LO S zao N „ k, 69,69 ed A w t` 00'92 Mrd maw+ .2/; x,s"6 INIOd ' .a oar NOW air 'EY3Md et6'Fd d M1. „90IS5109' " e rare Z74 IMewl;IG . "'WRY, cod mom .0/c dip a Q 9,9S,„u vo '!;V3)11 e9f rr 9 CAPE CANAVERAL PLANNING & ZONING BOARD REGULAR MEETING SEPTEMBER 27, 1995 A Regular Meeting of the Planning & Zoning Board of the City of Cape Canaveral, Florida, was held on September 27, 1995 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7:30 P.M. by Ms. McNeely. The Secretary called the roll. MEMBERS PRESENT Beatrice McNeely Robert Hoog Donald Bergen 1st Alternate John Fredrickson 2nd Alternate MEMBERS ABSENT Catherine Barnes Chairman Lamar Russell OTHERS PRESENT Rocky Randels Mayor Pro -Tem Sandra Sims Acting City Manager James Morgan Building Official Todd Peetz Brevard County Planner Anthony Gargenese Acting City Attorney Susan Stills Secretary 1. - Approval of Minutes: Motion by Mr. Fredrickson, seconded by Mr. Hoog to approve the meeting minutes of September 13, 1995 as presented. Motion carried unanimously. NEW BUSINESS 1. Site Plan Approval for the Cape Canaveral Post Office Section 15 Townshie 24 South, Range 37 East a Portion of Parcel 750 (Located along A1A Southeast Corner of Central Boulevard & Commerce Street) Apolicant is John Allen, Allen Engineering for William J Kuczek Owner. PLANNING AND ZONING BOARD MEETING MINUTES SEPTEMBER 27, 1995 PAGE 2 Mr. Allen advised that the city engineer had recommended approval. Mr. Morgan advised that City staff had no comments. The Board members reviewed the site plan. Discussion was held regarding the building architecture; ingress and egress; stormwater retention and drainage; green area; sidewalk requirements; pedestrian traffic; walkways; compliance with F.D.O.T; and maintenance of Commerce Street (an undedicated roadway). _ Motion by Mr. Hoog, seconded by Mr. Bergen to approve the Cape Canaveral Post Office Site Plan with the following contingencies: 1. Must comply with Section 110-493 regarding curb cuts. 2. Must comply with F.D.O.T. requirements. 3. Extend and connect sidewalks along Commerce Street to entrance of building. Motion carried with members voting as follows: Mr. Bergen, for; Mr. Fredrickson, for; Mr. Hoog, for; and Ms. McNeely, for. 2. Election of Chairman and Vice Chairman. Motion by Ms. McNeely, seconded by Mr. Hoog to postpone this agenda item until the next scheduled meeting due to the fact that all Board members were not present at this meeting. Motion carried with members voting as follows: Mr. Bergen, for; Mr. Fredrickson, for; Mr. Hoog, for; Ms. McNeely, for. There being no further_ business, the meeting was adjourned at 8:30 P.M Approved this I I +-h day of _ & �n , 1995. A"Zy-/ Catlierine Barnes, Chairman .�1 Susan L. Chapman, Secretary wlwm \ i Y Arm1 �10a N Fr N SJrttOlm NY1d 3118 1 �f>DIY SN TIMI O. 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CQ W, lfAl I •)Hl Y1M,dY °moi rl✓''�se a sa""0.I .i -4-.n ssu .n woe'msi a m new r wm a1 ,1 � , �i\� a. ` PW13d lx x s�iecv /' _ � � aarrcynaipry�zWso�>r.ns°ti w"[s as / !• //� �•,.e ».. =�.r /i s r.[ /' //I ar'se�r�r d3/Y: / / / ° �• o w. j 8661 9 0 adtl tw.w ♦ b� �1..+ ..r..Twlrr.wr ....r ♦..vw•w r. rw r... r.rww .I .�.� yr�_rrY...rw r..•M rM. M... ....rI.M T M .. ...Mr V...w.�. M r..lw� r r>•.... !GMM ��ll...�..ry rr.r.r...w.. =1w ������.YY.•..r_4.r.. I.r wwrrr.r tirwr•rrr...wrir.i •• CITY OF CAPE CANAVERAL MEETING MINUTES TO: City of Cape Canaveral FROM: Beverly J. Garrett, PE DATE: March 17,1998 SUBJ: Commerce Street SSA Job No. 98011 ATTENDEES: • Bennett Boucher . - Art Berger • "Ed Gardulski John Pekar • Beverly Garrett Beverly gave a brief summary of the current project status: • City of Cocoa is looking at our proposal to work together for a waterline upgrade - David Kng stated he wants to do the work. He has been advised we have 60 - 90 days to construction and given Art's number for coordination. • Brevard County has expressed no problem with a new inlet at Central Avenue on preliminary terms. • FDOT has stated if there is no work in the SR A1A right-of-way, then no permit will be required. The City was advised to end the new sidewalk at the right-of-way and let FDOT make the connection with Hartman's design. • St. Johns has been contacted and a pre -application meeting is being scheduled this week. The specifics of the project design as it currently stands were reviewed. Updates included: • An island at the entrance to Art's property with a short sidewalk to the north side of the existing flume which would provide safe haven for pedestrians and a driveway setback from SR A1A. • A new curb inlet is proposed at Central Avenue due to the flat grading which would otherwise continue to cause ponding problems. • The two previously permitted driveways into Art's property are now reflected on the plan. Art stated he had allowed his permit to expire while awaiting final design on Commerce. It was suggested he be allowed to obtain an extension rather than re -permitting the work. Several ideas for reducing construction costs were discussed including one-way and partial closure of Commerce. It was agreed to proceed with the design in hand for now. Art will be given a full-size plan for estimating purposes with a possible future discussion of alternatives after full cost is determined versus the $50,000 budget currently allotted. MMER STAGG & ASSOCIATES ARCB IECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Fax 407 783-7065 c:lcw4rojectslcapelminutes commerce march 17.doc "Great To Work For ... Greater To Work With" CITY OF CAPE CANAVERAL MEU MO.RANDM 9A Lic, dulls 000329 Ue. 4ER(XX)f)762 Lic. #LB(XM700 DATE: March 10, 1998 TO: Commerce Street Design File FROM: John Pekar On: this date a design coordination meeting was held at the City of Cape Canaveral's office with the following people in attendance: cher, qoU dulski • Ed Gar • Beverly Garrett -, John Pekar Beverly began the meeting with an overview of the initial SSA designs for Commerce Street. It was noted that the design will use a geo-textile fabric beneath roadway and curb & gutter areas. Driveways were reviewed along with proposed grades. It was noted that the northeast corner of the roadway system contains flat drainage areas and may require additional drainage inlets to receive the storm runoff. Some of the key design items were as follows: The City noted that Hartman will design a sidewalk system along SR AlA and that should be coordinated with the SR AlA side of the street. The driveway for the Daniels Cafe was discussed along with the type of curb that might be considered. • It was noted that SSA has sent letters to utility companies to determine their future plans for roadway. Responses should be forthcoming within the next week. • It was noted that the City would request sidewalks on both sides of the road section. • No lighting is anticipated for the street, The City will provide the signage once the roadway is complete, • Beverly noted that she had contacted both the DOT and SJRWMD for permit requirements. SSA is awaiting their input as to whether permits will be required. • It was noted that Art Berger had permitted two driveways behind his existing office building. These would be coordinated with final designs. The meeting adjourned at approximately 10:00 AM. It was noted that SSA would meet with AM Berger in the next day or so to coordinate driveways and turning radius near his property, STUITLER SPAGG & AssocixrES ARCHITECI'S - EINGINELRS e PLANNERS, INC. 8680 North Atlantic Avenue R O. Box 1630 Cope Canaveral, Forida 32920 Tel 407 783 1320 FLx 407 7n7065 0:lciviAprojectskcape1m-commerce mtg march I o.doc "Great To Work for ... Greater To Work With," Meeting Type: Regular Meeting Date: 02-03-98 AGENDA REPORT AGENDA Hceding Considerations Imm 4 No. 111�y CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ADDENDUM TO PORT SEWAGE FRANCHISE AGREEMENT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and consider the proposed sewer franchise addendum by the Canaveral Port Authority regarding the collection of sewer impact fees. rL �J if r .- 111�y cfi v Summary Explanation & Background: Port Canaveral has proposed 01-01-97 as the date that sewer impact fees would no longer be collected by the city. Thus, $7,038.43 would be refunded to two port tenants and an additional $30,391.53 is pending on cruise terminal no. 8. _ It was the consensus of the City Council at the 10-21-97 meeting to collect all impact fees until the port signs an agreement and that there would be no impact fee refund. Please advise. Exhibits Attached: Proposed addendum; Addendum of 04-13-83; 1997 sewer permit report City is Offices % �' Department LEGISLATIVE wan/ceua Wnmting/1 g/-9g/portsewagc.doc ADDENDUM TO SEWAGE FRANCHISE AGREEMENT This addendum is to the Sewage Franchise Agreement dated April 22, 1970 between the City of Cape Canaveral, FL., a municipal corporation under the laws of the State of Florida, hereinafter referred to as "City", and the Canaveral Port Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter referred to as "Port". WHEREAS, the Addendum to the Sewage Franchise Agreement dated April 13, 1983 added Impact Fees for new connections to offset expense of sewage plant expansion. WHEREAS, on June 7, 1994 the City adopted Resolution 94-26 which provided notice to the Port that the Agreement would be allowed to expire on April 21, 2000 thereby limiting the need for sewer plant expansion. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees that impact fees will no longer be collected for new connections to the sewer system from the Port or Port tenants effective retroactively to January 1, 1997. 2. All impact fees collected from the Port and Port tenants after June 7, 1994 shall be placed in escrow. 3. All impact fees collected from the Port and Port tenants prior to June 7, 1994 shall be the subject of further negotiations. 4. Within three (3) months of the effective date of this Agreement, the City shall identify sewer plant expansion costs incurred after June 7, 1994 that can be attributed to port growth. Said amount shall be deducted from the funds placed in escrow and the remaining balance refunded to the payer on a pro rated basis. 5. In the event the parties cannot agree to the resolution of items 2, 3, and 4 within six (6) months of the date of this Addendum, then the resolution of said items shall be submitted to binding arbitration before an arbitrator to be selected by mutual agreement. Should the parties fail to agree on an arbitrator, the arbitrator shall be appointed by Hartman and Associates, Inc. The arbitration award shall be issued on or before January 1, 1999. The parties shall bear the costs of the arbitration equally. 6. These modifications will be subject to all applicable portions of the Franchise Agreement which is scheduled to terminate April 21, 2000 and all other provisions of the franchise agreement not amended by the addendum shall remain in full force and effect. APPROVED by the Canaveral Port Authority at its regular meeting on the day of '1998, with the undersigned officers executing this Agreement as the duly authorized act of the Canaveral Port Authority. ATTEST: CANAVERAL PORT AUTHORITY BY: ,SECRETARY , CHAIRMAN (Corporate Seal) APPROVED by the City of Cape Canaveral at its regular meeting on the day of , 1998, with the undersigned officers executing this Agreement as the duly authorized act of the City of Cape Canaveral. ATTEST: ,CITY CLERK (Corporate Seal) c: msofiiceXsewe&ewerimpfees.ccc CITY OF CAPE CANAVERAL i , MAYOR City Council Regular Meeting Minutes October 21, 1997 Page 7 REPORTS: City Manager — Bennett Boucher • Mr. Boucher reported that he met with the Canaveral Port Authority Attorney and Finance Director regarding sewer impact fees. The issues discussed were: - That a date be set not to collect any further impact fees. - That the city refund all or a prorated portion of sewer impact fee collected since the city gave the port notice of contract termination in 1992. City Attorney, Kohn Bennett, opined that the city knew a date certain back in 1992 when the Port would no longer be an impact on the city. Therefore, a date of "no -impact" should be determined; then, consider refunds. He explained that the problem is that the impact fees have not been used. Mr. Bennett explained that the Port is requesting only the impact fees that the Port has paid, not their tenants. He further reported that the amount collected since the city notified them is $63,000, and spending the fees now would not resolve the issue. The fees collected, including tenants is approximately $150,000. He stated that due to current protesting, he recommends refunding the impact fees to avoid more conflict. Mayor Porter suggested that fees collected in 1998 go to the City of Cocoa Beach and the City of Cape Canaveral maintain all other previously collected impact fees. Council consensus was to collect impact fees until the effective date the Port signs as a "drop -dead date" for coming off-line, with no impact fee refund. Mr. Boucher reported from Fire Chief David Sargeant that the house north of Maggie's Nursery on North Atlantic Avenue would be burned on Saturday, October 25`h. Mr. Boucher reported that the "Make a Difference Day" volunteer project is shaping up and the VFW will assist with barbecuing. Mr. Boucher reported that the AlA pedestrian bridge is progressing well. Audience Leo Nicholas, resident, queried if the street light outages have been inventoried throughout the city. Mr. Boucher responded that they have and a report was submitted to FPL. Repairs have already begun. City Clerk — Sandra Sims No report. City Attorney — Kohn Bennett No report. Mayor Pro Tem — Rocky Randels 0.ICityClk1MDaMSIREGULAR\1997110-21-97.doc City Council Regular Meeting Minutes October 21, 1997 Page 8 • Mr. Randels reported that the Florida Legislative Delegation would be meeting next month at Cocoa Beach City Hall and Melbourne City Hall. Council Member — Buzz Petsos • Mr. Petsos requested any suggested legislation that he should forward at the Space Coast League of Cities Legislative Committee Meeting. • Mr. Petsos reported that the City of Satellite Beach has approached the state to waive Skateboard Park liability. Council Member — Tony Hernandez • Mr. Hernandez reported that he is working to develop a reconstruction concept for Canaveral City Park. He stated that he has preliminary drawings and an estimate of less than $300,000. He will present his ideas at a future meeting. • Mr. Hernandez queried about the status of the beach bonfire and open burning ordinances. Mr. Boucher responded that the Fire Chief does not want to amend the ordinance at this time. Council Member — Burt Bruns • Mr. Bruns queried about the status of the Washington Avenue beach end house demolition. Mr. Boucher replied that Stottler, Stagg & Associates are doing the survey. Mr. Applegate has received notice that the city will complete the demolition and charge him, the property owner. Mr. Applegate responded positively, assuming the cost is in line. • Mr. Bruns commented that the Nurses Association was at Publix in Cocoa Beach administering flu shots and the area was packed. He expressed concern that the word did not get out to Canaveral residents because of the low turnout when they were here. Mayor — John Porter No report. ADJOURNMENT: There being no further business, the meeting adjourned at 9:38'p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK G:1CityClk%4INVCESIREGULAR11997�10-21-97.doc ia --------------------------- -- ME Continued 350 FILLMORE AVENU I 8401 N. ATLANTIC A I 504 FILLMORE AVENU I 5805 N. BANANA R1V I 8001 ORANGE AVENUE I 400 JOHNSON AVENUE I SU8TOTALS FOR THIS PERMIT TYPE 9700503 97 CS LINDA PRALL 2,416.00 9700515 92 S ATLANTIC GARDENS 950.00 9700517 93 FA SAND PEBBLES GOND 750.00 9700549 95 E G. WILLARD KING J 900.00 9700579 97 DC SYLVIA LOFLIN 950.00 9700590 95 EM ANTHONY MAIORINO 1,075.00 39 Permits $86,721.40 --------- 55.00 --------- 55.00 -------- ---- 10/29/97 25.00 25.00 11/05/97 25.00 25.00 11/06/97 25.00 25.00 12/03/97 25.00 25.00 12/17/97 50.00 --------- 50.00 12/18/97 2,015.00 --------- 2,015.00 96 PL PLUMBING 432 & 436 JEFFERSO C 9700050 97 I BEATRICE MCNEELY 445.27 25.00 25.00 01/28/97 8817 N ATLANTIC AV I 9700086 92 BE CHARLES APPLEGATE 150.00 25.00 25.00 02/24/97 7400 POINSETTA AVE I 9700107 96 CL CITY OF CAPE CANA 700.00 25.00 25.00 03/12/97 7920 ORANGE AVENUE 1 9700108 96 DG CITY OF CAPE CANA 480.00 25.00 25.00 03/12/97 WASHINGTON AVENUE 1 9700109 96 ES CITY OF CAPE CANA 240.00 25.00 25.00 03/12/97 7520 RIDGEWOOD AVE 1 9700139 93 CV CANAVERAL TOWERS 600.00 25.00 25.00 04/07/97 108 OAK LANE V 9700172 93 AV LAWRENCE & LUCIND 285.00 25.00 25.00 04/29/97 7077 N. ATLANTIC A 1 9700187 95 CO RANDY O'BRIEN 613.51 25.00 25.00 04/30/97 7800 ASTRONAUT BOU 1 9700216 93 U FIRST UNION NATIO 3,200.00 60.00 60.00 05/15/97 7099 N. ATLANTIC A 1 9700282 95 AO TECH -VEST, INC. 1,500.00 50.00 50.00 06/20/97 7900 ASTRONAUT BOU 1 9700307 97 BE JAMES DEVLIN 650.00 25.00 25.00 07/01/97 7099 N. ATLANTIC A I 9700356 95 AO TECH -VEST, INC. 600.00 50.00 50.00 07/29/97 6910 NORTH ATLANTI I 9700379 96 EG VINCENT KEENAN 465.00 50.00 50.00 08/14/97 370 CORAL DRIVE I 9700395 93 GV WILLIAM J. HILL, 250.00 25.00 25.00 08/22/97 107 & 109 HARRISON V 9700461 97 E C. J. MORINO 450.00 25.00 25.00 10/03/97 111 & 113 HARRISON V 9700462 94 DV CARMEN J. MARINO 450.00 25.00 25.00 10/03/97 467 JACKSON AVENUE I 9700543 97 CY JACOB R. BROWN 100.00 25.00 25.00 11/24/97 6701 N ATLANTIC AV I 9700550 ------- 93 AD CAPE SHORES CONDO 4,500.00 --------- 65.00 --------- 65.00 12/03/97 SUBTOTALS FOR THIS PERMIT TYPE ------------------------------------------------------------------------------------------------------------------------------- 18 Permits $15,678.78 600.00 --------- 600.00 SW SEWER PERMIT 8900 ASTRONAUT BOU I 9700064 96 DR AJT & ASSOCIATES, 0.00 4,700.62 4,700.62 02/06/97 607 SHOREWOOD DRIV I 9700074 96 C BENKO CONSTRUCTIO 0.00 2,935.89 2,935.89 02/18/97 603 SHOREWOOD DRIV I 9700076 97 M SHOREWOOD OF CAPE 0.00 56,132.44 56,132.44 02/18/97 8899 ASTRONAUT BOU I 9700096 97 P RACETRAC PETROLEU 0.00 4,408.42 4,408.42 03/05/97 44525 GLEN CHEEK DRI 1 9700110 97 R SMOKEHOUSE FOODS 0.00 4,675.62 4,675.62 03/12/97 7206 RIDGEWOOD AVE 1 9700125 97 W DOUGLAS AND JACQU 0.00 2,362.81 2,362.81 03/25/97 7208 RIDGEWOOD AVE 1 9700127 97 X DOUGLAS AND JACQU 0.00 2,362.81 2,362.81 03/25/97 625 MANATEE BAY DR 1 9700151 97 AC R. CRAIG DONCEEL 0.00 2,362.81 2,362.81 04/14/97 405 HOLMAN ROAD 1 9700153 97 AD WILLIAM AND SANDR 0.00 2,362.81 2,362.81 04/14/97 320 ADAMS AVENUE I 9700177 97 AG Q & W CONSTRUCTIO 0.00 2,362.81 2,362.81 04/30/97 322 ADAMS AVENUE I 9700179 97 AH Q & W CONSTRUCTIO 0.00 2,362.81 2,362.81 04/30/97 324 ADAMS AVENUE I 9700181 97 AI Q & W CONSTRUCTIO 0.00 2,362.81 2,362.81 04/30/97 617 MANATEE BAY OR 1 9700267 97 AR 0.00 2,362.81 2,362.81 06/13/97 624 MANATEE BAY DR 1 9700272 97 AS DISCOVERY BAY OF 0.00 2,362.81 2,362.81 06/18/97 PERMITS ISSUED DURING THE PERIOD 01/01/97 THROUGH 12/31/97 PAGE 12 THIS REPORT WAS PRINTED ON JANUARY 28, 1998 CITY OF CAPE CANAVERAL PERMIT TYPE ----------- PERMIT LOCATION ST ---------------- -- PERMIT ------ PROJCT ------ OWNER NAME ---------- VALUATION --------- FEES DUE FEES PAID ISSUED RCOD SW Continued 140 OCEAN GARDEN L I 7020 RIDGEWOOD AVE 1 9700294 97 AW SAND DUNES DEVELO 0.00 2,362.81 2,362.81 06/27/97 407 BUCHANAN AVENU I 9700297 97 AY SAND DUNES DEVELO 0.00 2,362.81 2,362.81 06/27/97 409 BUCHANAN AVENU I 9700299 97 A2 SAND DUNES DEVELO 0.00 2,362.81 2,362.81 06/27/97 411 BUCHANAN AVENU I 9700301 97 BA SAND DUNES DEVELO 0.00 2,362.81 2,362.81 06/27/97 413 BUCHANAN AVENU I 9700303 97 BB SAND DUNES DEVELO 0.00 2,362.81 2,362.81 06/27/97 601 SHOREWOOD DRIV I 9700305 97 BC SHOREWOOD OF CAPE 0.00 56,132.44 56,132.44 06/30/97 N/A 138 OCEAN GARDEN L I 9700312 97 OF MARK DERMAN BUILD 0.00 2,362.81 2,362.81 07/07/97 PERMITS ISSUED DURING THE PERIOD 01/01/97 THROUGH 12/31/97 PAGE 12 THIS REPORT WAS PRINTED ON JANUARY 28, 1998 CITY OF CAPE CANAVERAL PERMIT TYPE ----------- PERMIT LOCATION ST ---------------- -- PERMIT ------ PROJCT ------ OWNER NAME ---------- VALUATION --------- FEES DUE FEES PAID ISSUED RCOD SW Continued 140 OCEAN GARDEN L I 9700314 97 BG MARK D. DERMAN, B 0.00 --------- 2,362.81 --------- 2,362.81 -------- ---- 07/07/97 411 JACKSON AVENUE I 9700318 97 BH BOUCHER, INC. 0.00 2,362.81 2,362.81 07/09/97 413 JACKSON AVENUE I 9700321 97 81 BOUCHER, INC. 0.00 2,362.81 2,362.81 07/10/97 425 LINCOLN AVENUE I 9700340 97 BL TIM AND DENISE MO 0.00 2,362.81 2,362.81 07/18/97 302 E. CENTRAL BLV I 9700350 97 BP EDGAR KERSEY 0.00 2,362.81 2,362.81 08/04/97 602 SHOREWOOD ORIV I 9700476 97 CL SHOREWOOD OF CAPE 0.00 56,132.44 56,132.44 10/13/97 8910 ASTRONAUT BOU I 9700495 97 CO AJT & ASSOCIATES, 0.00 14,109.40 14,109.40 10/21/97 9001 MARLIN STREET I 9700498 97 CP PATRICK T. LEE 2,362.81 2,362.81 2,362.81 10/22/97 619 MANATEE BAY DR I 9700500 97 CQ MR. AND MRS. ALI 0.00 0.00 0.00 10/23/97 8669 MAPLE COURT I 9700582 97 DD WILLIAM BENNIX, T 0.00 2,362.81 2,362.81 12/17/97 8671 MAPLE COURT I 9700584 97 DE WILLIAM BENNIX, T 0.00 2,362.81 2,362.81 12/17/97 8667 MAPLE COURT 1 9700586 ------- 97 DF WILLIAM BENNIX, T 0.00 --------- 2,362.81 --------- 2,362.81 12/17/97 SUBTOTALS ----------------------------------------------------------------------------------------------------------------------------------- FOR THIS PERMIT TYPE 33 Permits $2,362.81 255,934.71 --------- 255,934.71 WL WELL PERMIT 324 ADAMS AVENUE I 9700433 97 Al Q & W CONSTRUCTIO 295.00 25.00 25.00 09/11/97 214 JEFFERSON AVEN I 9700511 ------- 97 CU SAM AND FRANCES B 0.00 --------- 25.00 --------- 25.00 11/03/97 SUBTOTALS FOR THIS PERMIT TYPE 2 Permits $295.00 50.00 --------- 50.00 ------- --------- --------- --------- TOTALS FOR ALL PERMIT TYPES SHOWN 589 Permits $17,371,378.04 486,640.85 486,640.85 ADDENDUM TO SEWAGE FRANCHISE AGREEMENT This addendum to the Sewage Franchise Agreement dated April 22, 1970 between the City of Cape Canaveral, FL., a municipal corporation under the laws of the State of Florida, hereinafter referred to as "City", and the Canaveral Port. Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter referred to as "Port". WHEREAS, the City has more than doubled it's sewage service capacity, and WHEREAS, the Sewage Plant expansion allows for additional growth inside both the Port and City, and WHEREAS, the City is encumbering Two million dollars for the sewage plant expansion, and WHEREAS, new development should pay for the expansion NOW, THEREFORE, IT IS AGREED as follows: 1. The Port shall cause any new development which hook- up to the system or any additional tap -on to pay to the City a sewer impact fee which shall be calculated in accordance with the presently existing schedule for residents of the City, a copy of which is attached. APPROVED by the Canaveral Port Authority at its regular meeting on the T -4i -h day of _April_, 1983, with the undersigned officers executing this Agreement as the duly author- ized act of the Canaveral Port Authority pursuant to resolution duly adopted at said meeting. A�fTES M. Buchan n, Secretary - 1 - CANAVERAL PORT AUTHORITY qJ. lend, Vice Chairman D. S. Nisbet, Chairman THIS INSTRUMENT PREPARED BY: RECORD, AND RETURN TO, John M. Starling Post Office Box 669 Titusville, FL 32781-0669 407/267-1711 Grantee SSN- Property Appraiser's Parcel Identification No.: QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this _ day of CEVESCO, INC. A DELAWARE CORPORATION, First Party, hereinafter called ?nd CITY OF CAPE CANAVERAL, A POLITICAL SUBDIVISION OF THE - 1 1998, by the Grantor, STATE OF anaveral, Florid Second Party, hereinafter called the Grantee. WITNESSETH, that the First Party, in consideration of the sum of Ten Dollars ($10.00) Dollars and other good and valuable considerations, receipt of which is hereby acknowledged, does hereby remise, release and quit claim unto the Second Party forever, all the right, title, interest, claim and demand which said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in Brevard County, State of Florida, to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quit -claire deed is to dedicate to the public the land described in Exhibit "A"' for he purpose of a public street. The second party, a municipal corporation organized and existing tinder the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to maintain a public road known as Commerce Street in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such maintenance. To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof of said Second Party forever. IN WITNESS WHEREOF, said First Party has signed and sealed these presents, the day and year first above written. Signed, sealed and delivered in the presence of: (Witness) (Witness) (Witness) (Witness) STATE OF FLORIDA COUNTY OF BREVARD CEVESC,O, INC. C. Hunt Shuford, Jr. - President Jerry R. McIntosh - Secretary "Grantor" I HEREBY CERTIFY that on this, clay personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, C. Hunt Shuford and Jerry R. McIntosh, known to me to be the persons described in and who executed the foregoing instrument, who acknowledged before me that they executed the same on behalf of said corporation WITNESS my hand' and official seal at the state and county last aforesaid, this day of 1998, Notary Public, State of Florida My Commission expires: January 29, 1998 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue - P.0). Box 326 Cape Canaveral, FL 32920-0326 RE: SSA Revised Design Fee Proposal for Commerce Street Dear Bon: Per our discussions, SSA is pleased to submit our revised engineering fee proposal for the design (rebuilding) of Commerce Street. In general, SSA will perform the following tasks: • supplement existing survey for design • prepare design drawings • prepare regulatory permit applications The basis for the designs will include criteria discussed by the team on 1 M98, with the construction of the roadway being by Aedile Contractors, Inc. ESA's specific scope of services for the design of Commerce Street includes the following: SSA SCOPE OF SERVICES Task 1 - Supplemental Field Surveys: SSA will supplement existing City field surveys to include driveway locations, existing drainage inverts of catch basins, and other pertinent data needed to complete the design of Commerce Street. (No rights-of-way mapping for the street has been included.) Task 2 - Design Drawings,: SSA will prepare a design package for Commerce Street which includes: • plan and profile sheet • typical sections sheet • typical cross sections of roadway For the designs, SSA will coordinate with the utility users of the private street, owners along the roadway, and City staff, Utility work (by others) may become a part of the Street's reconstruction, wRh plans being supplied by others., Task 3 - Permit Applications: SSA will prepare regulatory applications for Commerce Street for the FDOT and SJRWMD. wA tie-in permit with Brevard County may also be required.) Coordination wRh City staff will be made for this work, ith the City paying application fees. SCHEDULES AND FEES Schedules: Upon receipt of the City's written authorization to proceed, SSA will perform task 1 within one (1) week. Tasks 2 and 3 will then be completed within the next 30 working days. Schedules will be coordinated weekly with the City. 4" Fees: SSA's fees will include the following: (3 a • Tasks 1 and 3: Standard SSA City Hourly Rates,/ • Task 2: A lump sum fee of $4,350.00 The above fees include reproducible services of ten (10) sets of construction drawings, and submittal copies of regulatory permit packages. Additional printing requested by the City will be invoiced at our cost plus 10%. SSNs fees will be invoiced for both houfly and lump sum fees (based on a percentage of work completed for lump sum) each month, and payment will be due within thirty (30) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal such as rights-of-way mapping, utility drawings, construction management, etc., will STOMER STAG G & ASSOCIATES ARCHITECTS *ENGINEERS - PLANNERS, INC. 8680 North Atlantic Avenue R 0. Box 1630 Cape Canaveral, Florida 32920 LI 407 783 1320 Fax 407 783-7065 C'tivimroiects\moos�meme street M 98 doo "Great TO Work For... Greater To Work With- Mr. Bennett C. Boucher January 29,1998 Page 2 Revised Design Fee Proposal for Commerce Street be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any slgniltcant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 27, 1998. Acceptance after this date may necessitate increased fees or altered conditions. Ben, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. We are looking forward to working with you on this project. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP:jIs cc: Pat Dwyer ACCEPTANCE: TITLE: DATE: c: Cdvilbtoteaslorou=N)-=me= sheet tan es.dw "Great To Work For... Greater To Work With" Prepared By John Pekar, PE Manpower Estimate - Commerce Street 29 -Jan -98 City of Cape Canaveral, Florida d 7:a dvfAecWp OpOs la m== steel ape canal Prole Engineer Hrs Rate $ 75.00 Design Engineer Hrs Rate $ 75.00 k DD Word -Processine lurs to s R816 50.00 $ 47.50 Hrs Total Dollars Design 2 $ 150.00 24 $1,800.00 24 $1,200.00 2 $ 75.00 52 $ 3,225.00 1.1firity Coordinafion 1 $ 75.00 4 $ 300.00 P 5 $ 375.00 Bid Documents 1 $ 75.00 2 $ 150.00 2 $ 75.00 5 1 $ 300.00 S ecificafions 1 $ 75.00 2 $ 150.00 2 $ .00 5 1 $ 300.00 City Review . 1 $ 75.00 1 $ 75.00 2 $ 150.00 GRAND TOTAL $ 4,350.00 d 7:a dvfAecWp OpOs la m== steel ape canal City of Cap( CITY Or CAPE CANAVERAL -J, January 22, 1998 TO: Planning & Zoning Board Members ­" 4From: G. J. Moran, Building Official SUBJECT: City Acquisition of Commerce: Street City Council has directed staff to review all information relating to the request by the property owner of the above referenced private street and formulate criteria necessary to allow the city to accept ownership. A meeting was held at the offices of SSA, City Engineers, and attended by the City Manager, City Attorney, Building Official, SSA staf, city staff and Mr. Arthur Berger, Aedile Contractors, Inc., and Mr. Donald Haynes, Allison Storage, Inc., property owners, to discuss this issue. It was determined that the roadway could only be accepted by the city under the following conditions: The roadway comply with city specifications as stipulated in Section 98-92 of the Code of Ordinances, or an acceptable alternate design as supported by sound engineering practices relating to specific site conditions. The consensus of those present was to accept the City Engineers proposed alternate criteria as follows: That the: existing roadway be removed to a depth of approximately 21 to 24 inches. That a suitable fabric material be placed upon which a 12 inch layer of suitable sub -base and an 8 inch layer of stabilized limerock base be placed. The pavement surface shall be a minimum of one and one half inches (1 1/2") and that all curbing be Miami Style. Page I — Staff Report 105 POLK AVENUE * POST OFFICE BOX 326 o CAPE CANAVERAL, FL 32920-0326 TELEPHONE 14073 868-1200 * FAX 84071 799-3170 C --Page 2 — Staff Report - All work and placement to be approved by the City Engineer and staff, Staff recommends that the Planning & Zoning Board recommend acceptance of Commerce Street to the City Council with the above stipulations. 300VTO _ = Per City Requirements Submitted to: Cape Canavera City Council Submitted by: MOW Contractors, inc, -- COMMERCE STREET COST BREAKDOWN Mobili=don 61,500.00 MM & Remove Existing Ast Mh Base $9,000.00 1500 SY 1" Asphalt Type S-1 S 3,375.00 1500 SY Prune S 450.00 1620 SY 6" Lime Rock $ 8,410.00 1750 SY 6" Compacted Subgrade S 3,150,00 Grading S 3,600.00 Layout S 3,20040 Traffic c Control $ 2,200.00 Testing S •1,200.00 Eugaearing�. S .•5.QOO.00 S41,585_QO Cp'1: IQN A . Rtmove 1,050 LF of existing; cinb and rt IBCe (AU eaastiug, remmmesded), iacludiag new sod for =pairs. DOTE: Ncw curb at Post Office entrance extremely poor condition- No crab at driveway of Alleu's Mari Stota$o Add Subtotal General & Administrative prefib Total $10,700.00 $41,585.00 $52,285.00 5 6,274,20 ss,ssg.2- aPTX41�i $: Rmxm 780 LF of old existing curb and reQiaco Add S 7,900.00 $41,585.00 Subtotal S49_d85.00 ' G=wal & Administrative- (12%) S 5,438.00 Profit (191)� Total S' 152.68 r1 Page i Z1. pme -Inc. Shuford Develo'' nt -4157 Fax (704) 322-6501 Office Box 2228 Hickory, North Carolina 28603 (704) 328 Post Offi Phone: 407,868.1230 Fax: 407.799.3170 re: Section of Commerce Street between AIA and Central Boulevard owned by Cevesco, Inc. Dear Bennett: Per our conversation today, I am hereby notifying you that Cevesco, Inc. wishes to deed the above referenced property to the City of Cape Canaveral. I have asked George Firkins --to coordinate with John Starling to provide you with a legal description of the property and to prepare a quitclaim deed. George will deliver these documents to you. Cevesco, Inc. will pay $10,000 toward the improvements to the property necessary to bring it up to City standards, Cevesco will pay this amount according to the terms of whatever agreement is finally worked out to bring the road up to standard. it is my understanding that you expect to establish the term of the aareement in the next few -weeks. I look forward to working with you on this matter. I can be most easily reached at 704.328.2141 ext. 8500 or e-mail at hshuford@shurtape.com. Sincerely, C. Hunt Shuford, Jr. President, Shuford Development, Inc, and Cevesco, Inc. CC'. A. Alex Shuford, 11 I January 7, 1998 Mayor -alor City courld� M,r. Bennett Boucher, City Manager C'ILY City AtLY.- FL City of Cape Canaveral Pub. WW1�5 1 11 11 105 Polk Avenue, P.O. Box 326 Building Cape Canaveral, Fl. 32920-0326 Finance Phone: 407,868.1230 Fax: 407.799.3170 re: Section of Commerce Street between AIA and Central Boulevard owned by Cevesco, Inc. Dear Bennett: Per our conversation today, I am hereby notifying you that Cevesco, Inc. wishes to deed the above referenced property to the City of Cape Canaveral. I have asked George Firkins --to coordinate with John Starling to provide you with a legal description of the property and to prepare a quitclaim deed. George will deliver these documents to you. Cevesco, Inc. will pay $10,000 toward the improvements to the property necessary to bring it up to City standards, Cevesco will pay this amount according to the terms of whatever agreement is finally worked out to bring the road up to standard. it is my understanding that you expect to establish the term of the aareement in the next few -weeks. I look forward to working with you on this matter. I can be most easily reached at 704.328.2141 ext. 8500 or e-mail at hshuford@shurtape.com. Sincerely, C. Hunt Shuford, Jr. President, Shuford Development, Inc, and Cevesco, Inc. CC'. A. Alex Shuford, 11 Yar.,f ✓r: Qi �f,. •�.. - arn......�V- .�_ THIS INSTRUMENT PREPARED BY. RECORD AND RETURN TO: John M. Starling Post Office Box 669 Titusville, FL 32781-0669 4971267-1711 Grantee SSN: Property Appraiser's Parcel Identification No.: COP) QUIT CLAIM DEED THIS QUIT CLAIM DEED, made this _ day of 1998, by CEVESCO, INC. A DELAWARE CORPORATION, First Party, hereinafter called the Grantor, and CITY OF CAPE CANAVERAL, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is Post Office Box 326, Cape Canaveral, Florida 32920, Second Party, hereinafter called the Grantee. WITNESSETH, that the First Party, in consideration of the sum of Ten Dollars ($10.00) Dollars and other good and valuable considerations, receipt of which is hereby acknowledged, does hereby remise, release and quit claim unto the Second Party forever, all the right, title, interest, claim and demand which said Firsl Patty has in and to the following described lot, piece or parcel of land, situate, lying and being in Brevard County, State of Florida, to -wit: See Exhibit *K attached hereto and incorporated herein by this reference. The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit'X for he purpose of a public street. The second party, a municipal corporation organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to maintain a public road known as. Commerce Street in the right-of-way described in Exhibit *A*. The second party agrees not to make any special assessments against the property of the first party for the cost of such maintenance. To have and to hold the mand allher with the estate! rghtnd Stitle. interestular the , lien. equity andthereunto el claim belonging r t anywise appertaining. whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof Of said Second Party forever. arty has signed and sealed these presents the 1N WITNESS WHEREOF, said First P day and year first above written. Signed, sealed and delivered CEVESCO, INC. in the presence of: (Witness) k C. Hunt Shuford, Jr. - President (Witness) Jerry R. McIntosh - Secretary (Witness) (Witness) "Grantor" STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day personally appeared before me, an officerknown to me to duly authorized Y— to administer oaths and take acknowledgments, C. Hunt Shuford and Jerry R. McIntosh.h, --�� be the persons described in and who executed the foregoing Instrument, who acknowledged before me that they executed the same on behalf of said corporation WITNESS my hand and 9 $cial seal at the state and county last aforesaid, this day of ,. Notary Public. Stale of Florida My Commission expires: • ter+ Surveyors' Description Right of Way Dedlcotion A portion of Section 15, Township 24 South, Range 37 East, the City of Cope Canaveral, Brevard County, Florida more porNculorly described as follows: Commence of the southeast corner of said Section 15; thence N 00° 50'54" W. along the east line of said Section 15. 1909.23 feet; thence S 89009'06' W, 707,45• feet to the point of beginning on the southerly right of way line of Central Boulevard, on 80.00 foot right of way. as described 1n Official Records Book 2873 of page 737 of the public records of Brevord County, Florida a point of cusp with a tangent curve concave to the southeast having a radius of 25.0 feet sold point beo'rs N 21"09'21" E from the radius point of sold curve; thence Southwesterly, along the arc of sold curve through a central angle of 90°00'00', 39.27 feet to a point of fongency; thenc. S 21° 09'21" W, 122.54 feet to a point of curvature of a curve to the right having o radius of 210.00 feet; thence Southwesterly, along the orc of said curve through a control angle of 31028'48",115.38 feet to a point of fongency; thence S 52°38'09" W. 232.78 feet to a point of curvature of a curve to the left having a, rodlus of 25.00 feet; thence Southerly, along the arc of sold curve through a control angle of 89° 59'48". 39.27 feet to o point of fongency on the northeasterly right of way of .State Rood 40%. a 100.00 fool right of way as shown on the State of Florida State Road Deportment right of way mops for Section 70080-2202, doled October 22, 1968; thence N 37°21'39' W. along soid northeasterly right of way, 110.00 feet to a point of cusp with o tangent curve concave to the north having a -radius of 25.00 feet sold point bears S 52038'21" W from the radius point of sold curve; thence Costorly, olong the ore of sold curve through a central angle of 90.00'12'. 39.27 feet to a point of tongency; thence N 52°38'09' £, 232.78 feet to a point of curvature of a curve to the Jeff having a radius of 150.00 feet; thence Northeasterly, along the ore of sold curve through a control angle of 31°28'48', 82.42' feet to a point of tangency; thence N 21009'21" 1:,122.54 feet to o point of curvature o1 a curve to the left having a radius of 25.00 feet; thence Northwesterly, along the ore of sold curve through a control angle of 90.00'00". 39.27 feet to a point of tongoncy on the southerly right of way of said Control Boulevard; thence S 68°50'39" F. along sold southerly right of way. 110.00 feet to the point of beginning. 'Containing 0.7068 acres more or less. EXHIBIT "A" ��..K.....•'SKt^�.#'.� {.ti....� �* ��: � -..r � s - a 2 r +i ._'. + .r .yt ;r:;e Y } ; `....� 7, + � r� � a :....:.+ �.i-•.c•,. s ' is 3Eltfa d�o�waau3ieii3lir°-te7�3 �'�r isFS EASEMENT / DEDICATION / RIGHT-OF-WAY Introduction What is the difference between an easement, a dedication, and a right-of-way? Let us look at these terms as they are defined in the ordinance, and then we will discuss their characteristics. ARTICLE L IN GENERAL (Page CD110:7) See. 110-1. Definitions Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Right -of -Way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Alley means any public or private right-of-way set aside for secondary public travel and servicing which is less than 30 feet in width. Street means a public or private right-of-way set aside for public travel. ANALYSIS As stated above, the easement is granted by the owner for some beneficial purpose. The utility easement is the most common type of easement. The owner grants access for sewer lines, water lines, power lines, fire lanes, and the like, to utilities which benefit the owner, the public, or future owners of subdivided land. In the case where a landlocked property is sold, the seller must grant an access easement to the buyer as a condition of the sales contract. Also, the title company will not underwrite title insurance for the landlocked property. The seller continues to own the land, but the buyer has access to the property. Consider the case where the owner sells landlocked property and also adds a narrow strip of land in the sale to provide the access. This property configuration is called a flag lot. Some local governments require a minimum width of the original fronting property before an access strip can be carved out to form a flag lot, or if the fronting lot is too narrow, the seller grants an easement, so the fronting property ownership continues. In Sec. 110472. Access, the City of Cape Canaveral requires "every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking." This section also requires "all lots upon which structures are built shall have a minimum access width of 15 feet to a public right -of --way or an approved private right-of-way." Notice how the words "legal access" are used instead of the word "easement." Both mean the same thing. o =�= Then there is the case of the "prescriptive easement." Sometimes access over someone else's property just happens. If the property has not been periodically defended, or if it has been used as an uninterrupted easement for seven years, then a precedent has been established. Because of the precedent, a prescriptive easement can be declared to settle the dispute. Easements are strange animals. They should be carefully examined for all governing conditions. Dedications may be made by land owners for different reasons. The landowner may wish to dedicate property to the public for altruistic reasons - land may be needed for street right-of-ways, parks, or buildings, and the governing entity may lack funding to buy the necessary property. Dedications may be made to further the development of property in the hope that the local governing entity will install streets and utilities. Dedications have also been made to absolve developers or condominium associations of the responsibility of maintaining already installed streets which will need future maintenance. Dedications, too, should be carefully examined for all encumbrances or attached conditions. Now, notice how Sec. 110-477. Dedicated public easement mixes the use of these terms. Sec 110- 477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." The recommendation from the planning and zoning board should always make sure that the dedication meets the city's standards. One good long range way for the planning and board to head off future problems with street dedications by developers and owners is to make sure during the site plan review process that all streets, driveways or access routes meet DOT standards if there is any intent to later dedicate them for public use. If the developer wants to build substandard streets of driveways, the planning and zoning board should make clear that these streets and driveways will not be accepted by the city unless they are brought up to DOT standards. Right-of-way is the measured widths of the land dedicated for public use. The width of street right-of- ways varies according to the use of the street or roadway. The width of the property lines which bound the right-of-way of Highway AIA is feet. The width of the property lines bounding Ridgewood Avenue and North Atlantic Avenue is feet Main thoroughfares are, of course, wider, and street right -0f --ways are normally SO feet wide. Sometimes cities or counties show "reservations" for future right-of-ways. In Cape Canaveral the future Ridgewood Avenue northern extension is shown as a reservation. The city planning and zoning board, performing its planning function, commissioned the survey of a reservation for a Ridgewood extension. This reservation is shown on the zoning map to indicate to developers and property owners that the city intends to guard the reservation during future site plan reviews. The city does not own the property nor has it been dedicated However, the city is operating with the strategy that the property owners will see the benefit of having a planned thoroughfare in the area and will dedicate that section of their property to form the right-of-way for a future installation of the main traffic artery. Reservations allow local governments to indicate planning without condemning the property. CONCLUDING REMARKS Further thoughts on Ridgewood Avenue Extension: There is currently no street north of Central Boulevard that is constructed to operate as a main east -west artery between Ridgewood extension and North Atlantic Avenue. If the extension is installed, it should be built in its entirety to flow traffic all the way to its projected northern end. Other existing east -west streets, such as Ocean Woods Boulevard, Harbor Drive, Villages of Seaport Boulevard, and Shorewood Boulevard could then connect simultaneously, each carrying a small portion of traffic. These streets are not constructed to act as main outlets, nor are their neighborhoods inclined to allow their streets to become main thoroughfares. The very reason that Ocean Woods elected to guard Ocean Woods Boulevard was to keep that street from becoming the main northern outlet for Ridgewood, and the same sentiment is strong in Harbor Heights. Iw .d • SUBDIVISIONS may be good cause for the city to refuse to issue a certificate of completion. All utility improvements must be inspected by the city prior to backfilling. (Ord. No. 22-93, § 1(503.10(3)), 7-6-93) Sec. 98.83. Issuance of certificate of comple- tion. (a) Upon completion of construction of the im- provements, the applicant or his authorized rep- resentative shall provide to the city the following items: . (1) A letter stipulating that construction of the improvements has been completed and re- questing final inspection and approv9l. (2) The testing reports and certificates of com- pliance from material suppliers specified in this chapter. (3) Two sets of as -built construction plans. (4) A letter signed and sealed by a professional engineer registered in the state certifying C73that the improvements have been con - J strutted in conformity with the approved construction plans and specifications (5) A letter from the appropriate authority ap- proving all utility installations. If the au- thority is accepting a public water or sani- tary sewer system, there must be a letter indicating acceptance of the construction of the system. (b) Upon receipt of the items listed in subsec- tion (a) of this section, the city shall review the data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance of the construction with the design contained in the approved con- struction plans and specifications and the provi- sions and requirements of this chapter. A certifi- cate of acceptance shall be issued by the city when the construction of the improvements is completed in conformity with the design contained in the approved construction plans and specifications, and the provisions. and requirements of this chapter. (Ord. No. 22-93, § 1(503.10(4)), 7-6-93) Secs. 98-84, 98-85. Reserved. $ 98.88 ARTICLE IV. IMPROVEMENTS DIVISION 1. GENERALLY Sec. 98-86. Development and enforcement of regulations. The city engineer is empowered to develop, pub- lish, apply and enforce regulations and all speci- fications and procedures required or necessitated by this division. (Code 1981, § 503.09(E); Ord. No. 22-93, § 1(503.11(E)), 7-6-93) Sec. 98-87. Permanent markers. (a) Within 30 days after the approved subdivi- sion final plat has been filed and recorded in the office of the county clerk, and prior to commence- ment of construction, the subdivider or property owner shall cause a registered surveyor to install permanent concrete monuments to be erected on the corner and end of all property to be dedicated to the city for streets, parks, playgrounds or other public purposes. He shall also install such monu- ments at corners of the blocks. (b) Where angles and curves occur in street or easement lines, such monuments shall be placed at all angle points, points of curve and points of tangency. When the monuments have been in- stalled, the registered surveyor shall notify the city engineer, who will then inspect the installa- tion in the presence of the registered surveyor. If the work has been completed satisfactorily, in the opinion of the city engineer, he will notify both the owner and the registered surveyor in writing that such work meets the requirements of this section. (c) The monuments must be of such material and size as approved by the city engineer. (d) Iron pipes shall be placed at all lot corners. (Code 1981, § 503.09(A); Ord. No. 22-93, § 1(503.11(A)), 7-6-93) Sec. 98-88. Elevation. (a) All elevations in a subdivision are referred to N.G.V.D. of 1929. CD98:15 a § 98- _ CAPE (b) One monument with bronze disk will be re- quired in each subdivision or at least one per 50 units in larger subdivisions. The location of the monuments must be approved by the city engi- neer. (c) The bronze disk shall be flat, three inches in diameter, and 3/ie-inch thick with a one -inch by 2V2 -inch stem at the bottom. This marker shall be cemented in a drill hole in solid rock, in a bridge abutment or in any other permanent masonry structure. The inscription shall read: "Florida, B.M. No. , Elev. , Cape Canaveral." (Code 1981, § 503.09(B); Ord. No. 22-93, § 1(503.11(B)), 7-6-93) Sec. 98-89. Water supply. (a) All structures shall be connected to the city water supply. (b) Fire hydrants shall be placed so that, the area served must fall within 500 -feet radius or 650 feet along the street. Minimum size of the -fire hydrant main shall be six inches and specifica- tions shall conform to the "Criteria for Water and Sanitary Sewerage Systems Within Brevard County." (c) All public water plans and specifications must be approved by the city engineer, the City of Cocoa water department, and, as applicable, the state department of environmental protection or its successor departments/agencies. (Code 1981, § 503.09(C)(1); Ord. No. 22-93, § 1(503.11(C)(1)), 7-6-93) Sec. 98-90. Sewers. All structures shall be connected to the city sewer system. System design and construction shall conform to the "Criteria for Water and San. itary Sewerage Systems Within Brevard County." All sanitary sewer plans must be approved by the city engineer and, as applicable, the state depart- ment of environmental protection and the state depdrj ent of health and rehabilitative services or tfieo:�successor departments/agencies. (Code 1981, § 503.09(C)(2); Ord. No. 22-93, § 1(503.11(C)(2)), 7-6-93) CANAVERAL CODE Sec. 98-91. Drainage. Storm drainage, groundwater drainage and other drainage improvements plans and specifica- tions for a subdivision must be approved by the city engineer and, as applicable, the St. Johns River Water Management District. (Code 1981, § 503.09(C)(3); Ord. No. 22-93, § 1(503.11(C)(3)), 7-6-93) Sec. 98.92. Streets. (a) Arterial streets cross sections of a subdivi- sion shall be in accordance with the city compre- hensive planand as determined by the city engi- neer and approved by the planning and zoning board. (b) Collector streets shall have either: (1) A 60 -foot -wide right-of-way, two 20 -foot -wide pavements, four -foot -wide separation strips, five -foot -wide sidewalk on each side; or (2) A 60 -foot -wide right-of-way, 40 -foot -wide pavement and four -foot -wide sidewalk on each side. (c) Minor streets for row houses and apartments shall have a 60 -foot -wide right-of-way, 36 -foot - wide pavement, and five -foot -wide sidewalks on each side. For residences, minor streets shall have a 50 -foot -wide right-of-way, 24 -foot -wide pavement, and five -foot -wide sidewalks on each side. (d) Marginal access streets shall have a 50 -foot - wide right-of-way, 24 -foot -wide pavement, and five- foot -wide sidewalks on each side. (e) Streets along development- boundaries and streets connecting a development with existing improved street systems require cross sections as determined by the city engineer and approved by the planning and zoning board. (f) Alleys must be paved full width, 20 feet min- imum, as per approval of the city engineer. (g) Grades on streets require plans and profiles to be approved by the city engineer. (h) Radii of pavements at street intersections shall not be less than 30 feet at the edge of the pavement or face of the curbline. CD98:16 }; r . r .'� •.a ti. t tt j R�-Fa s�.1°R..,"'S r 7 7y SUBDIVISIONS (i) All rights-of-way for streets, roads and drainage easements are to be cleared for their full width and, upon completion, left in a clean and neat condition. If required to prevent erosion or excessive washing, such areas abutting the street and ditches shall be sprigged with grass or other protective measures shall be taken as required by the city engineer. U) All necessary drainage easements shall be furnished at no expense to the city. (k) The developer shall give the city engineer at least two weeks' notice in writing by registered letter before the commencement of any construc- tion. (1) The developer shall have available a quali- fied engineer or assistant for the purpose of set- ting all line and grade stakes when required by the contractor or inspector. (m) The city may have an inspector on the project when deemed necessary during the con- struction period. The inspector shall be autho- rized to ' enforce the * co istriiction of the work in accordance with the plans and specifications cov- ering the work- The inspector shall be furnished with a complete set of plans and specifications for this purpose. If any change is required in the plans during the period of construction, such changes must first be approved by the city engineer. (n) All paved roads shall provide a minimum of two 12 -foot -wide lanes (24 feet width total) exclu- sive of curbs. (o) All roadways shall be underlain by a base course of one of the following types, having a min- imum thickness of six inches, with design as pre- scribed by the "Manual of Uniform Minimum Standards for Design, Construction and Mainte- nance of Streets and Highways," as published by the state department of transportation, and no other: (1) Limerock stabilized base. Limerock base will only be used in well -drained areas not having a high or fluctuating water table. The area must be approved by the city en- gineer. (2) -Soil-cement base. Design of the mixture shall be submitted to the city engineer for $ 98.92 approval before processing begins. Wet -dry test cylinders shall have a psi compression value of 300 pounds or greater at seven days. (3) Sand bituminous road mix. Design of the mixture shall be submitted to the city en- gineer for approval before processing starts. The design will include the amount of bi- tumen by volume to be supplied per inch of depth per square yard of surface and the maximum obtainable density per cubic foot with optimum bitumen content, (p) The pavement surface of streets shall have single, double or triple surface treatment, and a minimum of a one -inch -thick asphaltic concrete surface course, as specified by the state depart- ment of transportation "Standard Specifications for Road and Bridge Construction," latest edition. (q) Subgrade stabilization of streets shall have a limerock bearing ratio (LBR) equal to LBR 40 to depth of 12 inches. The subgrade shall be that portion of the road directly and through 12 inches below the base course, and the entire width of the road and extending six inches back of the curbs. If curbs are not used, the subgrade will be stabilized one foot wider than the pavement on both sides. (r) Stabilized subgrade requires one LBR for every 600 square yards. Base course design for soil cement and sand bituminous road mix re- quires a test for every material change. Limerock base course requires a Proctor test for every type of limerock. Asphaltic concrete surface course re- quires a.design to be. submitted for approval. A 2300 Hubbard -Field stability is required, as well as type 2, as prescribed by the state department of transportation standard specifications. (s) Curbs and gutters shall have a raised curb of one of the following types and shall be con- structed of class A concrete: (1) Six-inch by 16 -inch straight curb. (2) Combination curb and gutter. (3) Combination sloped curb and gutter sloped curb. CD98:17 498i*,_ CAPE (t) Sidewalks shall be constructed as follows: CANAVERAL CODE (1) Residential areas shall have a sidewalk no less than four feet wide. (2) Arterial and collector streets shall have a sidewalk five feet wide. (3) All sidewalks shall be class B concrete, four inches thick, with six by six by ten wire mesh, expansion joints at 30 -foot intervals and construction joints scribed at five-foot intervals. (4) All sidewalks must be approved by the city engineer. (u) Driveway aprons shall be a minimum of six inches thick, class B concrete, with six by six by ten by ten wire mesh. Driveways shall be a min- imum of four inches thick, class B concrete, with a six by six by ten by ten wire mesh. (v) Catch basins and drop inlets shall be con- structed of either masonry or reinforced class B concrete. (w) Drainage pipe shall be of a material as ap- proved in the "Roadway. and Traffic Design Standards," latest edition, as prepared by the state department of transportation. (x) The developer will furnish and install street markers at all intersections. Such street markers will be of the quality and design as approved by the city engineer. (y) Seeding and planting of median strips shall be per city specifications. (Code 1981, § 503.09(C)(4); Ord. No. 22-93, § 1(503.11(C)(4)), 7-6-93) Sec. 98.93. Boundary line survey. The subdivision boundary line survey shall con- form to the following - (1) Closure. a. The angular error of closure shall not exceed one minute times the square root of the number of observations. --I, The linear error of closure shall not ex- ceed.pne foot in 5,000 feet. c. The closure error shall be adjusted by the transit method. (2) Marking boundary lines. Corners and/or an- gles in property lines shall be marked with four -inch by four -inch by 30 -inch concrete monuments with 21/4 -inch brass caps. The concrete monuments shall be reinforced with a no. 4 steel rod. (3) Computations. Two copies of computations of closure shall be submitted for the ap- proval of the city engineer, (Code 1981, § 503.09(D); Ord. No. 22-93, § 1(503.11(D)), 7-6-93) Sec. 98.94. Final acceptance of work. (a) Maintenance of the improvements enumer- ated in this article will not be finally accepted by the city until all work is fully completed from right-of-way line and approved and certified by the city engineer. (b) All construction shall be in accordance with the applicable state department of transportation and county road specifications. (Code 1981, § 503.09(F); Ord. No.. 22-93, § 1(503.11(F)), 7-6-93) Secs. 98.95-98.105. Reserved. DIVISION 2. DESIGN STANDARDS Sec. 98-106. Blocks. (a) The lengths, widths and shapes of blocks in a subdivision shall be determined with due re- gard to the following: (1) Provision of adequate building sites suit- able to the special needs of the use contem- plated. (2) Zoning requirements as provided in chapter 110 of this Code as to lot sizes and dimen- sions. (3) Such access, circulation, control and safety of street traffic as deemed necessary to pro- tect the public health, safety and welfare. (4) Limitations and opportunities of topog- raphy. (b) Block lengths shall not exceed 1,500 feet or be less than 500 feet. CD98:18 SUBDIVISIONS (c) Pedestrian access rights-of-way shall be not less than ten feet wide. At least six feet of the right-of-way shall be paved with Portland cement concrete where deemed essential to provide circu- lation, or access to schools, playgrounds, shopping centers, transportation and other community fa- cilities. (d) In blocks over 1,200 feet in length or where otherwise deemed necessary to give pedestrian ac. cess to schools, local shopping centers and parks, the city may require additional right-of-way and pavement for pedestrian crosswalks. Such pedes- trian crosswalks shall consist of a right-of-way ded- icated to the city for pedestrian use. (Code 1981, § 503.10; Ord. No. 22-93, § 1(503.12), 7-6-93) Sec. 98.107. Lots. (a) The size, width, depth, shape and orienta- tion of subdivision lots and the minimum building setback lines shall be in conformity with chapter 110 of this Code pertaining to zoning. (b) Lot dimensions shall conform to chapter 110 of this Code pertaining tozoning.' (1) Residential lots, when not immediately ser- viceable by public sewer, shall meet the minimum requirements of chapter 110 of this Code pertaining to zoning. (2) Depth and width of properties reserved or laid out for multiple, commercial and in- dustrial purposes shall be adequate to pro- vide for offstreet service and parking facil- ities required by the type of use and development contemplated. 1 (3) Corner lots for residential use shall have a width at least 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. (c) The subdividing of the land shall be such as to provide, by means of a public street, each lot with access to an existing public street. (d) Double frontage and reverse frontage lots should be avoided, unless essential to provide sep- aration of residential development from traffic ar- 98-109 •:�d teries or to overcome specific disadvantages of to- pography and orientation. A planting screen easement of at least ten feet and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. (e) Side lot lines shall intersect streets and each other at right angles, and in no case shall a lot have an interior angle of less than 30 degrees from a street or lot line. (Code 1981, § 503.11; Ord. No. 22-93, § 1(503.13), 7-6-93) Sec. 98.108. Easements. (a) Subdivision easements across lots or cen- tered on rear or side lot lines shall be provided for water, sewage and drainage where necessary and shall be at least ten feet wide. (b) Where a subdivision is traversed by a wa- tercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such fur- ther width or construction or both as will be ade- quate for the purpose. Parallel streets or park- ways may be required in connection therewith, except where fingers occur. (Code 1981, § 503.12; Ord. No. 22-93, § 1(503.14), 7-6-93) Sec. 98.109. Public sites and open spaces. (a) Where a proposed park, playground, school or other public use, as shown in the comprehen- sive plan, is located in whole or in part in a sub- division, the planning and zoning board may re- quire the dedication or reservation of such areas within the subdivision if the board deems such requirements to be reasonable. (b) Where deemed essential by the board and as approved by the city council, upon consider- ation of the particular type of development pro- posed in the subdivision and especially in large- scale neighborhood unit developments•- not-• anticipated in the comprehensive plan, the board may require the dedication or reservation of such other areas or sites of a character, extent and lo- cation suitable to the needs created by such de- CD98:19 § 98-1 — velopment for schools, parks and other neighbor- hood purposes. (Code 1981, § 503.13; Ord. No. 22-93, § 1(503.15), 7-6-93) CAPE CANAVERAL CODE Sec. 98.110. Alleys. (a) In a subdivision, alleys shall be provided in commercial and industrial districts, except that the city may waive this requirement where other definite and ensured provision is made for service access, such as offstreet loading, unloading and parking, consistent with and adequate for the uses proposed. . . (b) The width of an alley shall not be less than 20 feet, and the alley shall be paved full width. (c) Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement for trucks. (d) Dead-end alleys shall be avofded where pos- sible, but if unavoidable shall be provided with adequate turnaround facilities at the dead-end,"as determined by the city. (Code 1981, § 503.14; Ord. No. 22-93, § 1(503.16), 7-6-93) Sec. 98.111. Surface and storm drainage. (a) Request for approval of subdivision prelim- inary plat plans shall be accompanied by a com- prehensive study of the surface and storm drainage system. In making this study, a modified formula may be used in computing the amount of storm - water to be carried by the drainage system. The formula to be used is as follows: Q = CIA In which: Q = Total stormwater runoff. C = A runoff coefficient representing the ratio of runoff to rainfall. I.,= Intensity of rainfall, or rate of rain- fall in inches per hour. A = Surfaced area in acres. In the use of this formula, the following ratio of imperviousness zoning classifications shall be taken: Percent Commercial ................... 90 Residential and industrial areas. 40 Parks and undeveloped areas... 5 Since the coefficient of runoff is a combination of these factors, together with other factors such as retention, imperviousness, etc., the following co- efficients of runoff may be used in the study: Coefficient of Runoff C Duration of Storm (minutes) Area 10 Is 20 30 60 120 Commercial .548 .645 .745 .836 .955 .975 Residential .356 .440 .502 .576 .680 .740 Undeveloped .237 .316 .369 .422 .522 .617 (b) The system shall be designed by accepted engineering principles for design floods resulting from rainstorms of the maximum intensity pre- dicted for the county for at least the 25 -year storm of 24-hour duration for major water management facilities, and for at least the ten-year storm of 24-hour duration for all other facilities. The system shall be designed for 20 year life, low mainte- nance cost and ease of maintenance by normal maintenance methods. The city may require such data from the applicant as is determined neces- sary to prove the adequacyof the design of the water management system. (c) The storm drainage plan may include the use of street curbs and gutters and open ditches as transportation arteries for the. stormwater, pro- vided the length and grade of the street is not too great, thereby permitting the accumulation of ex- cessive amounts of water in the street proper. Cul- verts shall be used at all points where open ditches occur at street or driveway crossings. Underground storm sewers shall be used if the area to be drained is too large for normal sized drainage ditches. The decision in this respect shall be made by the plan- ning and zoning board upon the recommendation of the city engineer. (d) Outfall of the subdivision surface or storm drainage system shall be one of the following - (1) Proper connection between the new subdi- vision drainage system and the existing city CD98:20 § 11`0�.4-669 angular area bounded on two sides by the street right-of-way lines and on the third side ' by a straight line drawn between two points on the street right-of-way line located 25 feet from the point of the intersection of the street right-of-way lines. (Code 1981, § 641.25) Cross references -Property maintenance requirements, § 34.97; streets, § 66-26 et seq.; traffic and vehicles, ch. 74. Y � CAPE CANAVERAL CODE Sec. 110-470. Fences, walls -and hedges. (a) Fences, walls and hedges may be permitted in any yard, except as specified in section 110- 469, provided the following height restrictions shall apply: (1) In any residential district (R-1; R-2 or R-3), no fence, wall or hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way. (2) In any commercial (G1) and industrial (M-1) districts, no fence, wall or hedge 'any side . or rear yard shall be over. ;eight: 6AIn 'height or over four feet in height ifwithin " 25 feet of an_ y yard abutting' any public right-of-way: When the boundary of a com- mercial or industrial zoning district abuts any residential zoning district, the max- imum height of a fence, wall or hedge shall be sic feet. (3) In any district, the planning and zoning board may provide an exemption allowing a fence of six feet in height within 25 feet of any yard abutting any public. right-of-way k if the applicant can demonstrate that .an ascertainable and definable hazard*W be reduced by the construction of the six-foot fence. The applicant must also demonstrate that the additional height will not cause a visual obstruction to motorists deemed haz- ardous by the planning and zoning board. 'A written request for an exemption shall be filed at least 21 days prior to the plan- ning and zoning board meeting at which it —alto be considered, and notice of the meeting �a11 be..mailed to -all property owners within a 300 -foot radius of the property for which an exception is sought. The appli- cant shall pay a fee as set forth in appendix B to this Code. (b) No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure. (c) All concrete boundary walls are to be fin- ished by stuccoing or painting in neutral colors at the time they are constructed. (d) No words or symbols, other than street ad- dresses and names of occupants in residential dis- tricts, shall be permitted on exterior boundary *alis. If there are such nonallowed words or sym- bols, they shall be covered within seven days of notification to the owner by the city. (e) Any concrete boundary wall in excess of four feet in height shall have the excess height be open to 50 percent air and light in any residential dis- trict. (Code 1981,1641.27)' Cross references—'Property maintenance standards, § 34-97; building code, § 82-31 eti seq.; swimming pool code, § .82-246 et seq:; housing code, § 82-271 et seq. Sec. 110.471. Exceptions to height reguIa- tions. The height limitations contained in article VII of this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, solar panels, ven- tilators, chimneys, elevator equipment, air condi- tioning or other necessary equipment room usu- ally required to be placed above the roof level and not intended for human occupancy. (Code 1981, § 641.29) Sec. 110-472. Access. Every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking. All lots upon which structures are built shall have a min- imum access width of 15 feet to a public right- of-way or an approved private right-of-way. (Code 1981, § 641.31) CD110:60 „�L � ar`•r.^^'-.��.• iv Y ✓ ?�.o' ,r .r r. f �• . V.".. :- .� z` ,4„`^ v � i a.' ;:.-•' .s! • o P ' ZONING Sec. 110.473. Minimum width of courts. The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story build- ings and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of such a court shall be increased by two feet, provided that open unenclosed porches may project into a required court not more than 25 percent of the width of such court. Nominal insets in the building facade of six feet or less shall be exempt from this section. (Code 1981, § 641.39) Sec. 110-474. Water areas. All areas within the city which are under water. and not shown as included within any zoning dis. trict shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries ofeach district shall be construed to extend into _ the'water area in'a straight line as projected until they intersect a projected line from other district boundaries. (Code 1981, § 641.41) Cross reference—Waterways, ch. 106. Sec. 110.475. Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any s paved street: public and private, within the city 1 (b). Sidewalks constructed in residentiddistrict shall be four feet wide, and five feet wide in com- mercial and all other districts. Sidewalks and con- crete aprons will not be required across asphalt paved driveways, but the asphalt driveways must be maintained in good repair by the property owner. Sidewalks along State Highway AlA will require a permit from the state department of transportation and shall be five feet wide. § 110-478 (d) Sidewalks shall normally abut the property line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed. (e) Construction of sidewalks shall be completed prior to the issuance of certificate of occupancy or final inspection. Costs of construction shall be borne by the property owner. Construction of side- walks shall be in accordance with the city speci- fications, as adopted by resolution. (f) Sidewalks contiguous with or a part of the bicycle path system shall provide for a smooth transition between surfaces. (Code 1981, § 641.55) Cross reference—Streets, sidewalks and other public places, ch. 66. Sec. 110-476. Dedicated public land Dedicated public streets, walkways, alleys, ac- cessways or easements may be closed or relocated as part of or in conjunction with any private de- yelopment prime -upon an application being made to the city'coundl, atter review of and recommen- dation from the planning and zoning board, and if the application is in the best interest of the city. However, the vacated land shall not be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessway or easement must be submitted no later than 30 days prior to the planning and zoning board meeting at which it is to be consid- ered. (Code 1981, § 641.57) - Cross references—Parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66. Sec. 110.477. Dedicated -public easement No purported dedication of an easement to the city shall be .effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. (Code 1981, § 641.58) (c) Sidewalks being installed on a street within -- the same block which already has sidewalks or Sec. 110-478. Earth station antennas. portions of sidewalks installed must conform in (a) No owner, occupant or tenant of any prop - width with the existing sidewalks, but not to ex- erty located within any_ zoning classificatioreshall ceed five feet in width. �,,.•_�, - erect, construct or install any earth sti#Eion an- CD110:61 - �d6l,1310 a$ -P as as �o a0� 10, CDC =.G Q w?EAIE Dnp 1 to n C.WCA3: 4 (,X tr t33 w t3 csa o o� v c �js 09� ° o C = taCD °+°tL1;04 °`} a Tr 0 ro flw 3 D o� ° A ?�q 3Q7p.� zn. 00 Hyo O I.s��� • (ub.dy,p • 4 !`fes IVC C h mom.Ln n s --fl 23 ��3p nsa�s neo [)bC7 nA.E�52 n�O 2 � r" x Zorn rn 11 b A M: mom ::0 m b OnC dr:F-. p�y�7 E]h�C7 bC1C1 On�O bits` bIfDy CIt�C€1AIn b11 y 11 Ln !1 !1 tt t1 N ti it !t w EI It It � €t !1 1[ y E! 11 It w €t 11 ziVc,i.� x-►- Eniuo� L6isw+e, tnEn NQF,i V •LK h] aG� aLm V t; !-A V eLh m 'a C 'Lh, G C>sl.�d 'q th Ol - LA o c o a w 4n u, LR cn ui , LO Lit EA Qft c" w w w cp, E1' �`-"1 3 D eCc .4 n t� N . € {A [n y r11 s SCALE r" = 50' 4 6� s 113L Q k "8 y � 4 '.jb to �d6l,1310 a$ -P as as �o a0� 10, CDC =.G Q w?EAIE Dnp 1 to n C.WCA3: 4 (,X tr t33 w t3 csa o o� v c �js 09� ° o C = taCD °+°tL1;04 °`} a Tr 0 ro flw 3 D o� ° A ?�q 3Q7p.� zn. 00 Hyo O I.s��� • (ub.dy,p • 4 !`fes IVC C h mom.Ln n s --fl 23 ��3p nsa�s neo [)bC7 nA.E�52 n�O 2 � r" x Zorn rn 11 b A M: mom ::0 m b OnC dr:F-. p�y�7 E]h�C7 bC1C1 On�O bits` bIfDy CIt�C€1AIn b11 y 11 Ln !1 !1 tt t1 N ti it !t w EI It It � €t !1 1[ y E! 11 It w €t 11 ziVc,i.� x-►- Eniuo� L6isw+e, tnEn NQF,i V •LK h] aG� aLm V t; !-A V eLh m 'a C 'Lh, G C>sl.�d 'q th Ol - LA o c o a w 4n u, LR cn ui , LO Lit EA Qft c" w w w cp, E1' �`-"1 3 D eCc .4 n t� N . € {A [n y r11 s SCALE r" = 50' 4 %1. 113L '.jb to �d6l,1310 a$ -P as as �o a0� 10, CDC =.G Q w?EAIE Dnp 1 to n C.WCA3: 4 (,X tr t33 w t3 csa o o� v c �js 09� ° o C = taCD °+°tL1;04 °`} a Tr 0 ro flw 3 D o� ° A ?�q 3Q7p.� zn. 00 Hyo O I.s��� • (ub.dy,p • 4 !`fes IVC C h mom.Ln n s --fl 23 ��3p nsa�s neo [)bC7 nA.E�52 n�O 2 � r" x Zorn rn 11 b A M: mom ::0 m b OnC dr:F-. p�y�7 E]h�C7 bC1C1 On�O bits` bIfDy CIt�C€1AIn b11 y 11 Ln !1 !1 tt t1 N ti it !t w EI It It � €t !1 1[ y E! 11 It w €t 11 ziVc,i.� x-►- Eniuo� L6isw+e, tnEn NQF,i V •LK h] aG� aLm V t; !-A V eLh m 'a C 'Lh, G C>sl.�d 'q th Ol - LA o c o a w 4n u, LR cn ui , LO Lit EA Qft c" w w w cp, E1' �`-"1 3 D eCc .4 n t� N . € {A [n y r11 s SCALE r" = 50' Meeting Type: Rcgular Meeting Date: 02-03-98 AGENDA HI'ding Considerations Item5 =. Ho. at an hourly rate. I have asked John Pekar of SSA to sharpen his pencil on this proposal estimate. Hopefully, Requested Action: That the City Council review and consider approval of SSA's proposal to design Commerce Street in the amount of $5,000+. Stunmary Explanation & Background: As outlined within the attached proposal, SSA will complete Task #2 not to exceed $5,000 and Tasks #1 and #3 at an hourly rate. I have asked John Pekar of SSA to sharpen his pencil on this proposal estimate. Hopefully, Mr. Pekar will have a revised proposal for the City Council to consider. This design will be utilized for the proposed settlement agreement or special assessment Exhibits Attached: SSA proposal dated 0,1-22-98 City Mangjierls Office Department PUBLIC WORKS (�. �adi curt 6t/meeting/199$ 0�- 03�_, ,L arnmerce.doc January 22,1998 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue - P.O. Box 326 Cape Canaveral, FL 32920-0326 RE: SSA Design Fee Proposal for Commerce Street Dear Ben: tx. #AACW=9 Lie. Olson CA Per today's team meeting SSA is pleased to submit our engineering fee proposal for the design (rebuilding) of Commerce Street. In general, SSA will perform the following tasks: • supplement existing survey for design • prepare design drawings • prepare regulatory permit applications The basis for the designs will include criteria discussed by the team on 1 /22198, with the construction of the roadway being by Aedile Contractors, Inc. SSA's specific scope of services for the design of Commerce Street includes the following: SSA SCOPE OF SERVICES Task 1 - Supplemental Field Surveys: SSA will supplement existing City field surveys to include driveway locations, existing drainage inverts of catch basins, and other pertinent data needed to complete the design of Commerce Street. (No rights-of-way mapping for the street has been included.) Task 2 - Design Drawings: SSA will prepare a design package for Commerce Street which includes: • plan and profile sheet • typical sections sheet • typical cross sections of roadway For the designs, SSA will coordinate with the utility users of the private street, owners along the roadway, and City staff. Utility work (by others) may become a part of the Street's reconstruction, with plans being supplied by others. Task 3 - Permit Applications: SSA will prepare regulatory applications for Commerce Street for the FOOT and SJRWMD. Coordination with City staff will be made for this work, with the City paying application fees. SCHEDULES AND FEES Schedules: Upon receipt of the City's written authorization to proceed, SSA will perform task 1 within one (1) week Tasks 2 and 3 will then be completed within the next 30 working days. Schedules will be coordinated weekly with the City. Fees: SSA's fees will include the following: • Tasks 1 and 3: Standard SSA City Hourly Rates • Task 2: A lump sum fee of $5,000.00 The above fees include reproducible services of ten (10) sets of construction drawings and submittal copies of regulatory permit packages. Additional printing requested by the City will be invoiced at our cost plus 10%. SSA's fees will be invoiced for both hourly and lump sum fees (based on a percentage of work completed for lump sum) each month, and payment will be due within thirty (30) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal such as rights-of-way mapping, utility drawings, construction management, etc., will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. SI'OTFLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS - PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral. Florida 32920 Tel 407 783 1320 Fax 407 7837065 a: dvumwstmwwaa e= sired tan 9a.doc "Gmst To Wotk For... Greater To Work Nib" W:. Mr. Bennett C. Boucher January 22,1998 Page 2 Design Fee Proposal for Commerce Street Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. R is understood that any and all professional liabilitles incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 27, 1998. Acceptance after this date may necessitate increased fees or altered conditions. Ben, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. We are looking forward to working with you on this project. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP.jls cc: Pat Dwyer ACCEPTANCE: BY: TITLE: DATE: c:tdvftmWsloroomAD- nw= scree+ hon 98.ft "Great To Work For... Greater To Work WiW F& January29,1998 Mr. Bennett Boucher City Manager City of Cape Canaveral Uc ,29 105 Pok Avenue - P.O. Box 326 ru #EBW 62 Cape Canaveral, FL 32920-0326 UQ `LBOOMI0° RE: SSA Revised Design Fee Proposal for Commerce Street Dear Ben: Per our discussions, SSA is pleased to submit our revised engineering fee proposal for the design (rebuilding) of Commerce Street. In general, SSA will perform the following tasks: • supplement existing survey for design • prepare design drawings • prepare regulatory permit applications The basis for the designs will include criteria discussed by the team on 1122!98, with the construction of the roadway being by Aedile Contractors, Inc. SSA's specific scope of services for the design of Commerce Street includes the following: SSA SCOPE OF SERVICES Task 1 - Supplemental Field Surveys: SSA will supplement existing City field surveys to include driveway locations, existing drainage inverts of catch basins, and other pertinent data needed to complete the design of Commerce Street. (No thts-of-way mapping for the street has been included.) Task 2 - Desfan Drawings: SSA will prepare a design package for Commerce Street which includes: • plan and profile sheet • typical sections sheet • typical cross sections of roadway For the designs, SSA will coordinate with the utility users of the private street, owners along the roadway, and City staI, . 11tili I work (by others) may become a part of the Street's reconstruction, with plans being supplied by others. Task 3 - Permit Applications: SSA will prepare regulatory applications for Commerce Street for the FDOT and SJRWMD. (A tie-in permit with Brevard County may also be required.) Coordination with City staff will be made for this work, with the City paying application fees. SCHEDULES AND FEES Schedules: Upon receipt of the City's written authorization to proceed, SSA will perform task 1 within one (1) week Tasks 2 and 3 will then be completed within the next 30 working days. Schedules will be coordinated weekly with the City. Fees: SSA's fees will include the following: • Tasks 1 and 3: Standard SSA City Hourly Rates • Task 2: A lump sum fee of $4,350.00 The above fees include reproducible services of ten (10) sets of construction drawings and submittal copies of regulatory permit packages. Additional printing requested by the City will be invoiced at our cost plus 10%. SSA's fees will be invoiced for both hourly and lump sum fees (based on a percentage of work completed for lump sum) each month, and payment will be due within thirty (30) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal such as rights-of-way mapping, utility drawings, construction management, etc., will STOT I,ER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Caarmal, Florida 32920 Tel 407 783 1320 Fax 407 7837465 c:Wd orae XWomsaf6camma= street'ran 98.dcc "GrM To WO& Fol... GrWW To Work With" Mr. Bennett C. Boucher January 29,1998 Page 2 Revised Design Fee Proposal for Commerce Street be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. it is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 27, 1998. Acceptance after this date may necessitate increased fees or altered conditions. Ben, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. We are looking forward to working with you on this project Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP jls cc: Pat Dwyer ACCEPTANCE: BY: TITLE: DATE: cwd oroiemw000sallo--=me= street €w se der "Great To Worm For... Greater To Work With" Prepared By John Pekar, PE Manpower Estimate - Commerce Street 29 -Jan -98 City of Cape Canaveral, Florida Pro ect En (neer Hrs Rate $ 75.00 Desl n En (neer Hrs Rate $ 75.00 CADD Word Processing Hrs Rate Hrs Rate $ 50.00 $ 37.50 Hrs Total Dollars Design 2 $ 150.00 24 $1,800.00 24 $1,200.00 2 $ 75.00 52 $ 3,225.00 Utility Coordination 1 $ 75.00 4 $ 300.00 1 5 $ 375.00 Bid Documents 1 $ 75.00 2 $ 150.00 2 $ 75.00 5 $ 300.00 S edfications 1 $ 1 75.00 2 $ 150.00 1 2 $ 75.00 5 $ 300.00 - City Review 1 $ 75.00 1 $ 75.00 2 $ 150.00 GRAND TOTAL $ 4,350.00 January 29,1998 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue - P.O. Box 326 Cape Canaveral, FL 32920-0326 RE: SSA Revised Design Fee Proposal for Commerce Street Dear Ben: Per our discussions, SSA is pleased to submit our revised engineering fee proposal for the design (rebuilding) of Commerce Street. In general, SSA will perform the following tasks: • supplement existing survey for design • prepare design drawings • prepare regulatory permit applications The basis for the designs will include criteria discussed by the team on 122198, with the construction of the roadway being by Aedile Contractors, Inc. SSA's specific scope of services for the design of Commerce Street includes the following: SSA SCOPE OF SERVICES Task 1 - Supplemental Field Surveys: SSA will supplement existing City field surveys to include driveway locations, existing drainage inverts of catch basins, and other pertinent data needed to complete the design of Commerce Street. (No rights-of-way mapping for the street has been included.) Task 2 - Design Drawings: SSA will prepare a design package for Commerce Street which includes: • plan and profHe sheet • typical sections sheet • typical cross sections of roadway For the designs, SSA will coordinate with the utility users of the private street, owners along the roadway, and City staff. Utility work (by others) may become a part of the Street's reconstruction, with plans being supplied by others. Task 3 - Permit Applications: SSA will prepare regulatory applications for Commerce Street for the FDOT and SJRWMD. (A tie-in permit with Brevard County may also be required.) Coordination with City staff will be made for this work, with the City paying application fees. SCHEDULES AND FEES Schedules: Upon receipt of the City's written authorization to proceed, SSA will perform task 1 within one (1) week. Tasks 2 and 3 will then be completed within the next 30 working days. Schedules will be coordinated weekly with the City. Fees: SSA's fees will include the following: • Tasks 1 and 3: Standard SSA City Hourly Rates • Task 2: A lump sum fee of $4,350.00 The above fees include reproducible services of ten (10) sets of construction drawings and submittal copies of regulatory permit packages. Additional printing requested by the City will be invoiced at our cost plus 10%. SSA's fees will be invoiced for both hourly and lump sum fees (based on a percentage of work completed for lump sum) each month, and payment will be due within thirty (30) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal such as rights-of-way mapping, utility drawings, construction management, etc., will SMMER STAGG & ASSOCIATES ARCHrMCTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Caaaveral, Florida 32920 Tel 407 783 1320 Fax 407 7837065 alavagofeG Wowsallo =me= creel Ian Woo "Great To Work Fol... Greafer To Work M t" Mr. Bennett C. Boucher January 29,1998 Page 2 Revised Design Fee Proposal for Commerce Street be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. it is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 27, 1998. Acceptance after this date may necessitate increased fees or altered conditions. Ben, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. We are looking forward to working with you on this project Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. -c1111� John A. Pekar, PE Vice President JAP:jls cc: Pat Dwyer ACCEPTANCE: BY: TITLE: DATE: cidva►o�UF.%,Wem sbw 'ran adw "Great To Work For... Grager To Work Whh" Prepared By John Pekar, PE Manpower Estimate - Commerce Street 29 -Jan -98 City of Cape Canaveral, Florida dy-dd"aJe*a*mft==cesteelcV9=meral.* Pro ect Engineer Hrs Rate $ 75.00 Design Engineer Hrs Rate $ 75.00 CADD Word Processing Hrs Rate Hrs Rate $ 50.00 $ 37.50 Hrs Total Dollars Design 2 $ 150.00 24 $1,800.00 24 $1,200.00 2 $ 75.00 52 $ 3,225.00- Utirity Coordination 1 $ 75.00 4 $ 300.00 5 $ 375.00 Bid Documents 1 $ 75.00 2 $ 150.00 2 $ 75.00 5 $ 300.00 Specifications 1 $ 75.00 2 $ 150.00 2 $ 75.00 5 $ 300.00 City Review 1 $ 75.00 1 $ 75.00 2 $ 150.00 GRAND TOTAL $ 4,350.00 dy-dd"aJe*a*mft==cesteelcV9=meral.* CITY OF CAPE CANAVERA_L Telephone: w: w , • m, Web Pa•' http://fcn.state-fl.us/capel DATE:� °r T % L✓ fir' r TO: CONTAN .- - FAX NO: NC "fflER OF PAGES (NCZ UDIN'G COV PA(aE); aa�k.+k*�dskroraerR�wa4ae�rmt�t;k�r�t�k�kic#Azpr�F�tim�i W�#amr��M�aa�akNt�#i�krt�e�k�aata�tr��r*sR�r�a�ai�k�t*arak��r�r���Yrieakarakarrakat�Nr�trarak�r°fir FRONM; CITY" OF CAPE CANAVERAL TF; Fa4X NQ; (407) 799-3170 BARKS; February 17,1998 Mr. Bennett Boucher City Manager City of Cape Canaveral Lk OAACOOM 105 Polk Avenue - P.O. Box 326 11c- ►EBOM62 Cape Canaveral FL 32920-0326 Lk- "BOW00 RE: SSA Revised Design Fee Proposal for Commerce Street Dear Ben: Per our discussions, SSA is pleased to submit our revised engineering fee proposal for the design (rebuilding) of Commerce Street In general SSA will perform the following tasks: • supplement existing survey for design • prepare design drawings • prepare regulatory permit applications The basis for the designs will include criteria discussed by the team on 2117198, with the construction of the roadway being by Aedile Contractors, Inc. SSA's specific scope of services for the design of Commerce Street includes the following: SSA SCOPE OF SERVICES Task 1 - Supplemental Field Surveys: SSA will supplement existing City field surveys to include driveway locations, existing drainage Inverts of catch basins, and key cross sections for the design of Commerce Street. (No rights-of- way mapping for the street has been included.) (City will supply current surveysllegals for the road.) Task 2 - Desian Drawinas: SSA will prepare a design package for Commerce Street which includes: • paving, grading and drainage site plan with typical sections • additional cross sections, details and construction notes For the designs, SSA will coordinate with the utility users of the private street, owners along the roadway, and City staff. Utility work (by others) may become a part of the Street's reconstruction, with plans being supplied by others. Task 3 - Permit Applications: SSA will prepare regulatory applications for Commerce Street for the FDOT and SJRWMD. (A tie-in permit with Brevard County may also be required.) Coordination with City staff will be made for this work, with the City paying application fees. SCHEDULES AND FEES Schedules: Upon receipt of the City's written authorization to proceed, SSA will perform task 1 within one (1) week. Tasks 2 and 3 will then be completed within the next 30 working days. Schedules will be coordinated weekly with the City. Fees: SSA's fees will include the following: • Task 1: A Lump Sum Fee of $450.00 • Task 2: A Lump Sum Fee of $2,730.00 • Task 3: SSA Standard Hourly Rate of $70.00 per hour (up to 26 hours) The above fees include reproducible services of ten (10) sets of construction drawings and submittal copies of regulatory permit packages. Additional printing requested by the City will be invoiced at our cost plus 10%. SSA's fees will be invoiced for both hourly and lump sum fees (based on a percentage of work completed for lump sum) each month, and payment will be due within thirty (30) days of receipt Additional work authorized in writing by the City that is not specifically included in this proposal such as rights-of-way mapping, coordination of water, reuse designs, bid packages, STOT= STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8650 North Atlantic Avenue P. O. Sox 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Fax 407 783.7065 e iymciBasw000sal"winew stw ian se.doc "Great To Work For... Greater To Work With" Mr. Bennett C. Boucher February 17,1998 Page 2 Revised Design Fee Proposal for Commerce Street specifications, utility drawings, construction management, etc., will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through March 31, 1998. Acceptance after this date may necessitate increased fees or altered conditions. Ben, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. We are looking forward to working with you on this project Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP jis oc: Pat Dwyer ACCEPTANCE: civa�aoiecis�000sa(�o-canme= et w Pan 98.dw "Great To Work For... Greater To Work With" tea' G < ZY C o4 rye Date: January 29, 1998 M E M 0 R A N 0 U M To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Offnciel Re: Recommendation from the Planning & Zoning Board Conditions for Acceptance of Commerce Street At the Planning & Zoning Board meeting held on January 28, 1998, the Board recommended that the City accept Commerce Street subject to the following: 2. The property deeds and documents meet the City Attorney's approval. The ordinance/agreement for the acceptance of the road will be forthcoming from our City Attorney. 2351 W. Eau Gailie Blvd., Suite #6 January 20, 1998 Proposal #P9801-006 City of Cape Canaveral c/o Mr. Art Berger Aedile Contractors 8660 Astronaut Blvd., #1 Cape Canaveral, FL 32920 DROOR & ASSOCIATES INC. (407) 253-8233 Melbourne, FL 32935 FAX (407) 253-4988 RE: Commerce Street Re -Surfacing Located off SR AlA; Cape Canaveral, Florida Dear Mr. Berger: We propose to perform the required design and drafting services for approximately 500 feet of road re -surfacing for the above referenced project. Our proposal is based on the sketch we received on January 15, 1998 and includes the following: • Roadway layout and drafting. • Required paving specification to meet the City of Cape Canaveral public road right-of- way requirement. • Required road profile for re -surfacing. • Permits required by FDOT. • Any permitting required by the City of Cape Canaveral (not including SJRWMD permit). • All required sections, details and specifications for bidding and construction. • Weekly site visits; estimated time of construction is four weeks. Additional site visits will be invoiced hourly. • As -built certifications at completion of the project. This proposal does not include St. Johns River Water Management District permitting. Items excluded from this proposal are: • Permit and application fees. • Any field testing required prior and during construction. • As -built survey. • Topo, boundary and tree surveys. • Impact fees. • Water line design. • Sewer line design. • Environmental study. • Construction administration. P9801-006 Civil & Structural Engineering Inspections PE 37259 Mr. Art Berger January 20, 1998 Page 2 • FDEP water permit for water line. • FDEP sewer permit for sewer line. • Blueprinting and reproduction costs. • All blueprinting and reproduction costs will be billed at $2.00 per sheet. • Traffic study. • Planning and Zoning Board and City Council meetings. • Landscaping plan. • Irrigation plan. • MOT drainage permit. • Any items not specifically included above. We propose a fee of Five Thousand Six Hundred Dollars ($5,600.00) for the above - encapsulated services. The proposed fee schedule is as follows: • Deposit....................................................................................................................... $2,000 • Upon completion of preliminary drawings............................................................... $1,500 • Upon completion of final drawings...........................................................................$1,000 • Upon submittal to the City and government agencies for approval .......................... $ 300 • Upon completion of site visits................................................................................... $ 800 TOTAL..................................................................................................................... $5,600 All additional services including site visits will be billed on an hourly basis. Our hourly rate is as follows: ProfessionalEngineer.......................•....................................................................... $100.00 DesignEngineer....................................................................................................... $ 65.00 The payment for the above services will be billed at the completion of each task or at the end of each month based on the percentage complete for each task. Terms and Condition Access to Site: Unless otherwise stated, Droor & Associates (DAI) will have access to the site for activities for the performance of the services. DAI will take precautions to minimize damage due to these activities, but has not included in the fee of the cost of restoration of any resulting damage. Dispute Resolution: Any claims made during design, construction or post -construction between the Client and DAI shall be submitted to non-binding mediation. Client and DAI agree to include a similar mediation agreement with al contractors, subcontractors, subconsultants, suppliers, and fabricators, thereby for mediation as the primary method for dispute resolution between all parties. P9801-006 Mr. Art Berger January 20, 1998 Page 3 Billings / payments: Invoices for DAI's services shall be submitted, at DAI's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, DAI may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice. Late payments: Accounts unpaid 60 days after the invoice may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the client shall pay all costs of collection, including reasonable attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless DAI, his or her officers, directors, employees, agency and subconsultants, from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of DAI. Certifications: Guarantees and Warranties: DAI shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence DAI cannot ascertain. Limitation of Liability: In recognition of the relative tasks, rewards and benefits of the project to both the Client and DAI, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, DAI's total liability to the Client for any and all injuries, claims, looses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed $50,000.00 or the contract amount, which ever one is less. Such causes include, but are not limited to, DAI's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Termination of Services: This agreement may be terminated by the client of DAI should be other fail to perform its obligations hereunder. In the event of termination, the Client shall pay DAI for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Ownership of Documents: All documents produced by DAI under this agreement shall remain the property of DAI and may not be used by the Client for any other without the written consent of DAI. If the above proposal meets with your approval, please sign and return copy of this proposal along with deposit in the amount of $2,000.00 and the as -built survey as soon as possible so that we may schedule your work immediately. P9801-006 Mr. Art Berger January 20, 1998 Page 4 with you on this project. Please call if you have any questions. The above proposal meets with our approval and we hereby authorize DROOR & ASSOCIATES, INC. to proceed with work. This contract supercedes any other proposal or verbal agreement. City of Cape Canaveral Authorized Signature #1 Print Name and Title x Witness Date Aedile Contractors Authorized Signature #2 Print Narne and Title x Witness Date 119801-006 Date x Print Name and Title Date Print Nanic and Title DATE: TO: CONMANY. CITY OF CAPE CANAVERAL E-NfaiL- T;lephone: (407) 868-1230 caPech@naail.stateS.-US Web Page: http:llfcn.staW.fl.us/cape/ TIW: NUNMER OF P-kGcS (INCLUDING COVER PAGE): T=: MNURKS: N 02,110/1998 17: 01 4078681008 AEDILE CONTRACTORS PAGE 02 ��� City of Cape Canaveral c/b Mr. Art Be7gcr Aedile Contractors 8660 Mtronaut FL 329 1JL'VA'Q' W'' ...... ....... RE: Commerce Street Re -Surfacing Located off SR A I A; Cape Canaveral, Flofida Dear W. Berger: We propose to perfunn the requireddmign and dralting, services for approximately 50O feet of road rc.surhcing for the above rc*tenced project. Our proposal is based on the sketch we received on January 1 5, 1 998 and includes 1he following: a Roadway layout and draffins� a Required paving specification n set forth by the City of Cape Canavoral public road nglit.*f-way and am as follows. 1 Va" Typoll) asphalt. ongincer. 12" sub -base, a Geo -technical fabric over 24" compacted earth. v Required road proffle for replacing roadway. * Required FDOT permits. o Any parmilting requirml by the City of Cape Canaveral (not including SJRWNM permit). * All required sections, delails aI specifications for bidding =d construction. 0 Weekly site visits,; estimated time of construction is fbur weeks. Additional site visits will be invoicod hourly. a Seven sets of blueprinting and rcproduction. Additional copies will be charged at $2.00/sheot As-bitill ccrtifleations at completion of the project. III 1 111 11110IN 111 111, pyl�, I;== We highly re soil b,orino at the proposed road kxaxiov in addition to one perforrned by Allattic Testin& CPA a Obuctural ftIlIng InspecIlans PE 372519 02/10/98 17:58 TX/RX NO.3396 P.002 M 82/10/199817:81 4878681889 AEDILE CONTRACTORS PAGE 83 Mr. Art BeW qty M 1"s >lip 2 Items excluded tirom this proposal ars: • Permit and application rbcs. + Any field testing requiiled prior and during cons motion. • As -built survey. + Toga boundary and tree surveys. + impact fees. • Water line deftm +� Sewer line design. + Envirame ttal study. • Construction edrninis Mom + ME? water permit far Water line. • FDEP $ewer pettnit for rawer HM • Bhoprinting and mMdttcti0A costs after seven seta will be charged at S2.001sheet. All blueout*g wd reproduction COSS will be billed at S2.00 per sheet. * Traffic Y• • PIMM05 acid Zoning Hoard and City Council meeletngs. • LandscPhnB Plan. + Ini$ation plan. • FDOT draineg a pernut. • Any items not "ift4olly ineluded aWva. We propose a fee of Five Thousand Sias Dundret Dollars (SS,600.80) far the above- enegnulated ServicaL The prod fee schedule Is as follows: • Dgxwk....... ............ ................ ......... .................................................... ................ $2,000 • Upon completion of preliminarydrawings........................................ .............. SI,500 • Upon completion of fiml drawings....................................................$1,000 • Upon submittal to the City and goverment agencies for appmval..................... S 300 • .U���pon anxpUtion of site visits .... .............................................................. ....... .... x gun y■ X11.TAL..7...N...N/MMY.MNMN.M..N4M...N...M..A/.N�.M..M.111/MI..w.frR/tM...M..M.�.N.N.1..�� All additional services irwlud* site visite will be billed on an hourly basis. Our hourly cote is as Follows: 1210fessio1w Eaginmm ....................................................................................... $100.00 DesignEaginexr.................................................................................... ............. S 65.00 The payment for the above services will be billed at the completion of eacb task or at the end of each month based on the percentage complete ttbr each task. P mt4ft Cp' d 49z:20 so -tat -qed 02/10/98 17:58 TX/RX N0.3396 P.003 M so soK ............. ..... .. .............. . .............. ....... .................. .......... ............. Zion bwud to aw; a". N. Wig .,i �i�zi .............. . ..... .............. ........ ...... 2 ..... ............. ........................ I .......... no- NSWQMP� M�mm 92/1p/1998 17:61 4878681008 AEDILE CONTRACTORS PAGE 04 Mr. Art Berger Jan" 2% 11991 Psae 3 Access to 8#be: Union otherwise stated, Drees & Associates (DAI) will have actags to the alta ftr WtMtie$ for the pu#esmt =t of the tae; tvieea. DAI will take p wautiorsa to mL hni= damage due to arse r9tivitim but has not included in the fee of the cost of restoration of"eny rMlttrtg damage. D&Qute Re ralu#on: Any claims mads during design, cesxmt motion or post-consbuction between the Chant anti DAT shall be submitted to non binding mediation. Client and DAI agme to include a similar mediation aSmCVtemt with al eontrea qw. subcontractors. subconsultants, SuMheM and Msfe:atora, thereby for nae Wd= as the primary mall od for XwPute resolution befteem all partial 81111495 / PaMeuft invoices for DAN services ahali be adnm ued, at DAI's option, either upon completion of such services or an a monthly basis. imroices shall be payable: within 30 days after the invokta date. If the invoice is not paid wifto 30 days, DAI may, without waiving my clam or right against the Client, and without liability whatsoever to the Client, terminate the perSbrnumm of the service. Retainers dWI be weeli:ad on the final hrvoice. Late payments: Accounts unpaid 60 days agar the invoice may be subject to a monthly service Charge: of 1.5% (or the legal rate) on rho then unpaid balance. Ln the event any portion or all of an account remaku unpaid 90 days after billing, the client shall pay all coats of collection, irwl uding reasonable attorney's face. Indeettmltl MIon: The Client shall, to the Wiest extent permitted by law, iredan nify and hold harmless DAL his or bar e#iceats, directors, employees, Mmoy and anbcansultants, fin and agaittsr all damage, liability and cost, including reasonable attorney's .fees and defense cosW a tang out of or in any way comnected with the perfwmarm by any of the: paints above uamod of the.sarvico under this agrem=4 excepting only those dsmagea, liabilities or costs attributable to the; aole negligence or willful misconduct of HAL Certiffieatkmw. tsu6tudeas and Warranties. DAI shall not be required to execute my e3v mmw that would result in its cerrifyi,ng, gawanteaintg or warranting the existence of conditloas whose eeridence DAI cannot ascertain. Lamitedon of'Unbility: In re coSuition of that relative tasks, rewards and benefits of the VMJ%I to both the Client and DAI, the rhft have been elWde>d such that to Client agrees thatr to the fullest c xt+m permitted by W. DAI's total liability to the Client for any and all irduries, claims, looses. expenses, damages or claim expenses arising out of this agent R+aa t say came or catum, shall not tweed $50.000.00 or the conued au mut, which evens ane is loss. Such causes include, but arc not limited to, DM's negligence, errors, ornissiona, strict HAility, breach of cotbud or bah of warranty. P98014" ".d d&Z:90 BS -OT -A®A 02/10/98 17:58 TX/RX N0.3396 P.004 M soar "i -;V; !I wit Q_ go kof Kuh Put 41d lud XWOMM *1041 u! nick p';;.z v5 YO& jknlow a xq ;WYM Ad Ina wASS6 so YOU Its Of bomw tru. �fl 'am w Jim •lspi �Zvm• "�u, 1u: a! iudy 20"S 061 pavuld ..... vt(sv'• i' immp,- Ent nmu wyc'.., r., 4:,- ?;;7 1.z.- lml too AvInv 01 batons, ad ion Ofo-,;: x;,;; o.;*S-,�fzv..:m..,-.-"..' i:jlzsua g In Qf ilea j;: -,ewL' JAIII MY4, Am 00a yam", at was "'L. w',x Ow. 1 On: YLKSM/ MAT 8101 RQwjQ0 02/10/1998 17:01 4@78681088 AEDILE CONTRACTORS PACS 05 Mr. An HegW January 20, ]On nV4 Termination of $ervb:rs: This agreement may be terminated by the client of DAI dXMM be other fig to perm its obligations heroundex. In the event of termination, the Client shall Payr DAI for all services rendered to the date of termination, all reimbu mble expenses„ and reitobumble t2rMinatiion expenses. thVUMhfp of l'laetllments: A11 documents produced by DAI unde=r this agreement shall remain the "may of DAI and may not be used by the Client for any other without the written emsent of DAI. If the above pmpasal meets with your approval, pleases sign and rot= copy of this prapasal Wong with deposit in the amount of $2,000.00 and the as built sumay as soon as possible so that we may schedule your work imme=diately. We look forward to working with you nn this pmjag. Please caU if you bave any Very Teary Yours, Noel Droor. P.E. President The above PmPO al streets with our approval and we hemby authorize DROOR & ASWCIA'I'M INC. to proceed with work. This contract supercedes any otba proposal or verbal agreemimt. City of Cape Canaveral Audwrized Signature #1 X , Print Name: and Title X witness P9801 -ow Qty -d Date Date Print Name and Title dee : so 96-or-qeA 02/10/98 17:58 TX/RX N0.3396 P.005 M QQ in 1051 ZT Xd MOWMO "! Una sk 100=0117 m 149ve ad! 51 'its y1maniguly0v (;i As 10 1 lvt A ACT le 30MM, WN', Wd-ag ad! box OUTOPM0 UWQw',r, 0 . w binviva Ohiof ! ti vcq f, . " j � 1 -. -- �,+,; myowszoll" SON Rojo 1 Q.:'j, haDqUX", K - UP 02/10/1998 17:01 4078681088 AEDILE CONTRACTORS PAGE 06 Mr. Art BzgW January tQ 1498 paw:s Aedde Contraeters x A;#wdzed SigrMurc #2 PNO14M Dote Print Name aw Tjlje Witness Fran# Name and '. hl - Date 90'd dL=SO t36�Ot-q�� 02/10/98 17:58 TX/RX N0.3396 P.006 m s op " W 355.36' UEAS. V �s3,� 4,91)�" 5/e- WON RaO PrITHORM /C5 aarz ' 110 �-- 36" 53°45" WP 43,94° ESS, /a- aROM Rory 00" P' �pP+(3W d OVTMK3" Pts ZAT2 89 ° 59'48' +� j�•l f� c o.Qa' .S C7*j8"d5" W 35.35, MEAS. 2'5MI tv a 90' 00.12" 9:27° S 820'21'45" E 35.36' UEAS. �- Q 31.28'48" 2.42' «�+ N 36` 53'45 E 81.38' A4EAS.`y 5/r NON POD DEITMORR OLS 2412 90"00"00"J 9.27' r/r QOM RoO N 23*50139' W 35.36' MEAS. � a/,r' rROM ROD orFICIAL PECCPD-- AFDC4 d- IN d'i I/x" IROM RDD ,ry NL2 752 ali r o.O2' 0 01 4A r 24t2 pp 5/e" )NOM RDD DC17MMORN MJ 2412 . 0 !3r ` eo. cG dr. PK R k Dg%K of- Fdo PCP its 24r2 ' } tsai he 271 "CIII 32, 6✓e' *OMS ROD Cur � c� sod UP 11;2 �+ ,•' wa 0" Firs ' 191 wib !hr's 23 Nor pod, ho, IV, v Cap ¢,s op k," W fTl 35.36' WAS.���� � �r 5/v WON ROD .�"3'45" W 113.94' MEAS. lAr ,Rc,N Roo POINT 4 y,J M Mt 89"59'4 3'" r O.C. .S.27' S 07" 38' 15" W 35.35' WAS. 0' �� �►�' S/a' aarON aaaD 25. 001 9G'" 00"12" .9.27" •" 1R. S 82021'45" C 35.36" J4EAS. 1 r • 28,48- 2.42' ,. ' 1P 36" 53"45" E 8 1.38' MEAS. 51r rx as U, 99.27C1p'C�C" ,1 1/2' IRON ftv N 23" 60'39" W 35.36' w4EAS. sIr aaaoN RW OFFICIAL PSCC .'� or)THORN PL3 2413 ASA- 01 ` r/rLoom ROD LN 762 sIr N►oN ROD gip' rryy e .✓i�CRhKIRfd ,%43 3s a1 �R�° � "� V ���t"" C,0 C?Irl H moo* w O.O. e j�;� Susan Stills From: Susan Stills [capech@state.fl.us] Sent: Friday, January 23, 1998 8:49 AM To: 'Arthur Buzz Petsos; 'Burt Bruns; 'Joy Salamone'; 'Tony Hernandez' Cc: 'Ed Gardulski' Subject: Commerce st update Yesterday staff met with the property owners and the following plan of action was developed. 1) The road with be designed by SSA using the 5,000 offered by the city. The all parties agreed on the design of the roadway as follows 1.5" asphalt, 8" of limerock, 12" of sub -base and a liner. 2) The City Attorney will prepare a draft settlement agreement and send to all the parties for comment and review. 3) Once the design is complete, Mr. Berger will obtain final construction costs and begin work as outlined in the settlement agreement. If you have any questions, please contact me or Kohn Bennett anytime Bennett 100 *CI OETuOH XII/X.L WSI 86/OZ/TO Per City Requirements Submitted 10: Cape Canavera City Council Submitted by: AWN Contractors, Inc. NEW COMMERCE STREET COST BREAKDOWN blobilizstion MiD & Remove Badsdng Ahl7slt Base 1500 SY 1" Asphalt Type 9-1 1500 SY Prime 1620 SY 6" Limo Rock 1750 SY 6" Compacted Subgrade Grading Laycat Traffic Cotunrol Testing Eagiseering Total: $11500.00 ' $9,000.00 $ 3,375.00 $ 450.00 $ 8,910.00 S 3,130.00 S 3,600.00 $ 3,200.00 $ 2,200.00 S 1,200.00 541,585.00 Rampve 1,050 LF of existing cutb and replace (alt existing, recommended). inchtdiug new sod for rcpairs. NOTE. Iftw Curb at Post office entrance extremely poor condition. No curb at drivaway of A1teWs Mini sty Add $10,700.00 $41.585.00 Subtotal $52.285.00 General & Administrative (12yo) $ 6,274,20 TotalZ o — 9.N_s"8_-1 Pun ve 790 LF ofold existing curb and =pl= AM S 7,900.00 $41,585.00 Subtotal $0. 89.00 C=azal & Administrative (12%) S 5,938.00 Total -$&,695.801r.5415 2.6 8 -i h ,, }; .� Page 18 3JVd SNOIO 81NM 3-lIQ3tt 800189SLOO Gb:bt 8661/0Z/18 ,..n � e..,uy�._..�. A• t �J- �rti� k ! f i+.,"'f t� T�.� aF. 1a�cc ., ,�'.�� • �'J`. s "Shc1i9 if/ �� � a..k ,� �.9 .-':� �_ C�di�•.��% .;[�..�ra,..�!�tia��i�i��� i _ CY}���Mf ".Tr• y -Y�%5 �4�/ �-. � i �• ) 'r7 - - t LSZ^ _ _ `�t�� �� t:+�^+.:J.,.•G>t.a�.a�K iiM T00 d 0£T£'ON )M/XL Sir: ST 86/OZ/TO _ �- -•=acs Per Cid Requirements Submitted to: Cape Canavera City Council Submitted by: AedAe Contractors, inc. . 18 39Vd NEW COM MERGE S TREE COST BREAKDOWN Mobiliration - $i,S00.00 Min & Remove E7dstiug Asphalt Base $9,000.00 1500 SY I" Asphalt Type S-1 S 3,375.00 .1500 SY Prime $ 450.00 1620 SY 6" 1 me, Rods $ 8,910.00 1750 SY 6" Compacted SubgrAde S 3.150.00 Grading S 3,600.00 Lawut $ 3.2W" Traffw Control S 2,200.00 Testisig S .1,200.00 Engineering S 5,OQO.i30 Tatai: S41,585_¢0 OMTON A: ' Ric 1,050 LF of exts#ing curb and repla= (alt existiog tecmamesukd). Including =w sod for rq*aiis. NOTE: Nim cub at Post CC= eubwce extremely poor condition. No curb at drrmway of Allen's Mw Storage Add $10.700.00 $41.585.00 Subtotal $2219100 C xeral & Administrative (I r4) $ 6,274.20 Totai S64,�5�-e5 S, 5 5-7.2-0 OPT'fON $: - Remow 780 LF of old dieting cmb and replace Add S 7,900.00 $41,585.00 Snbtvtal $49.485.00 General & Administrative (120%) S 5,438.00 Tatal S�X)1ovai Nm 3'IIcav Page 1 senessup LIP:V1 8661/8Z/T8 iL--tk a n17 Z. 'lk' iTI, !4* Shuford Development, Inc, Post Office Box 2228 Flickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 January 7, 1998 Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue, P.0, Box 326 Cape Canaveral, FL 32920-0326 Phone: 407.868,1230 Fax: 407.799.3170 re: Section of Commerce Street between AIA andCentral Boulevard owned by Cevesco, Inc. Dear Bennett: Per Our conversation today, I am hereby notifying you that Cevesco, Inc, wishes to deed the above C� referenced property to the City of Cape Canaveral. I have asked George Firkins -to coordinate with John Starling to provide you with a legal description of the property and to prepare a quitclaim deed. George will deliver these documents to you, Cevesco, Inc. will pay $10,000 toward the improvements to the property necessary to bring it up to City standards. Cevesco will pay this amount according to the terms of whatever agreement is finally worked Out to bring the road up to standard. It is my understanding that You expect to establish the term of the agreement in the next few weeks. Z= I look for -ward to working with You On this Matter. I can be most easily reached at 704.328.2141 ext. Z:� 8500 or e-mail at hshuford@shurtape.corn. Sincerely, C. Hunt Shuford, Jr, President, Shuford Development, Inc. and Cevesco, Inc. cc: A. Alex Shuford, 11 .�..:i-.•.�r.�dtiY.AALss�.;... •.�:1YJ..J.�' - - • i"+�.1' ...a.".sd��:.•...�.L' .v-•4ti r,_ �X �.. - y 4����....a���� r_ •4 �: :�4-`• y�..�;�ya^at�.:.,.se:�tsrar .:rfi.Cs'3.�..=aL,.n.:t'? iti:�;�;a:��• THIS INSTRUMENT PREPARED BY: RECORD AND RETURN TO: John M. Starling _ Post Office Box 669 Titusville, FL 32781-0669 407/267-1711 Grantee SSN: Properly Appraiser's Parcel Identification No.: 04 a QUIT CLAiM DEED THIS QUIT CLAIM DEED, made this _ day of , 1998, by CEVESCO, INC. A DELAWARE CORPORATION, First Party, hereinafter called the Grantor, and CITY OF CAPE CANAVERAL, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, whose post office address is Post Office Box 326, Cape Canaveral, Florida 32920, Second Party, hereinafter called the Grantee. WITNESSETH, that the First Party, in consideration of the sum of Ten Dollars ($10.00) Dollars and other good and valuable considerations, receipt of which is hereby acknowledged, does hereby remise, release and quit claim unto the Second Party forever, all the right, title, interest, claim and demand which said First Party has in and to the following described lot, piece or parcel of land, situate, lying and being in Brevard County, State of Florida, to -wit: See Exhibit 'A' attached hereto and incorporated herein by this reference. The purpose or this quit -claim deed is to dedicate to the public the land described In Exhibit 'A' for he purpose of a public street. The second party, a municipal corporation organized and existing under the laws of the Stale of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to maintain a public road known as. Commerce Street In the right-of-way described In Exhibit "A'. The second party agrees not to make any special assessments against the property of the first party for the cost of such maintenance. To have and to hold the same together with all and singular the appurtenances thereunto belonging or In anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either In law or equity, to the only proper use, benefit and behoof of said Second Party forever. IN WITNESS WHEREOF, said First Party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered In the presence of: (Witness) (Witness) (Witness) (Witness) STATE OF FLORIDA COUNTY OF BREVARD CEVESCO, INC. 1 C. Hunt Shuford, Jr. - President Jerry R. McIntosh - Secretary "Grantor" I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and lake acknowledgments, C. Hunt Shuford and Jerry R. McIntosh, known to me to be the persons described in and who executed the foregoing Instrument, who acknowledged before me that they executed the same on behalf of said corporation WITNESS my hand and official seal at the state and county last aforesaid, this _ day of .1998. Notary Public, State of Florida My Commission expires: 3.. +rn""".,'- �•�+i`�Y s�i•?+ :ro�'3smy.aeixi b+.._:Cs�:.w-'cXi:L.�CssoeiiT:;v���l :�l.ii"vlcY�ltOd ec. �: .La'.: 9•ai'Id�i!ar �.r�c�'�'f7WT�i3'Lifrur�G�F3�-_•�...'� Surveyors' Description Right of Way Dedication A portion of Section 15. Township 24 South, Range 37 East. the City of Cape Canaveral, Brevord County, Florida more porficulorly described as follows: Commence of the southeast corner of said Section 15; thence N 00°50'54" W. along the east fine of said Section 15, 1909.23 feet; thence S 89°09'06" W. 707.45' leaf to the point of beginning on the southerly right of way line of Central Boulevard, an 80.00 foot right of way. as described In Official Records Book 2873 of page 737 of the public records of Brevord County, Florida a point of cusp with o tangent curve concave to the southeast having a radius of 25.0 feet sold point bod'rs N 21109'21" £ from the radius point of sold curve; thence Southwesterly, along the arc of sold curve through a central angle of 90°00'00", 39.27 feet to a point of tongency; thenct S 21009121* W, 122.54 feet to a point of curvature of o curve to the right having a radius of 210.00 feet; thence Southwesterly, along the arc of said curve through a control angle of 31028'48".115.38 feet to a point of tongency; thence S 52°38'09" W. 232.78 feet to a point of curvature of a curve to the left hov;ng a, rodlus of 25.00 feet; thence Southerly, along the arc of sold curve through a control angle of 89° 59'48, 39.27 feet ' to a point of tangency on the northeosterly right of way of State Rood 401'. a 100.00 foot right of way as shown on the Stole of Fiorlda Slote Road Department right of way maps for Section 70080-2202, dated October 22, 1968; thence N 37021'39' W, along said northeasterly right of way, 110.00 feet to a point of cusp with a tangent curve concave to the north having a rodlus of 25.00 feet said point bears S 52103871' W from the radius point of sold curve; thence Fosferly, along the arc of sold curve through o central angle of 90° 00W% 39.27 feet to a point of tongency; thence N 52°38'09" £, 232.78 feet to a point of curvature of a curve to the Jeff having a radius of 150.00 feet; thence Northeosterly, along the arc of sold curve through a central angle of 31° 28'48'. 82.42' feet to a point of tangency; thence N 21009'21' E.122.54 feet to a point of curvature of a curve to the left having a radius of 25.00 feet; thence Northwesterly, along the arc of sold curve through a control angle of 90.00'00", 39.27 feet to a point of tongency on the southerly right of way of said Central Boulevard; thence S 68°50'39" f. along sold southerly right of way, 110.00 feet to the point of beginning. 'Containing 0.7068 acres more or less. A �_ - _ aua n.+.: i.i........t,Aw�s�'Y._e _ = i3�...1�r.:+aL:�1.�iS�.�..�v.L.r�/..v-.�L.i r.w.. ....a...r1...Z.......,�._..........1:rMsS�...n....Ma,.al i.:✓:ie71Li"i};'1�?Nii �.ALS'.iiit..rC.:�:�5.�.".+t.�ii��.'�.ii`he.e.~rr�:� ti EASEMENT / DEDICATION / RIGHT-OF-WAY Introduction What is the difference between an easement, a dedication, and a right-of-way? Let us look at these terms as they are defined in the ordinance, and then we will discuss their characteristics. ARTICLE L IN GENERAL (Page CD110:7) Sec. 110-1. Definitions Easement means a right-of-way granted for limited use of private property for a public or quasi -public purpose. Dedication means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Right -of -Way means land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Alley means any public or private right-of-way set aside for secondary public travel and servicing which is less than 30 feet in width. Street means a public or private right-of-way set aside for public travel. ANALYSIS As stated above, the easement is granted by the owner for some beneficial purpose. The utility easement is the most common type of easement. The owner grants access for sewer lines, water lines, power lines, fire lanes, and the like, to utilities which benefit the owner, the public, or future owners of subdivided land. In the case where a landlocked property is sold, the seller must grant an access easement to the buyer as a condition of the sales contract., Also, the title company will not underwrite title insurance for the landlocked property. The seller continues to own the land, but the buyer has access to the property. Consider the case where the owner sells landlocked property and also adds a narrow strip of land in the sale to provide the access. This property configuration is called a flag lot. Some local governments require a minimum width of the original fronting property before an access strip can be carved out to form a flag lot, or if the fronting lot is too narrow, the seller grants an easement, so the fronting property ownership continues. In Sec. 110472. Access, the City of Cape Canaveral requires "every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking." This section also Y requires "all lots upon which structures are built shall have a minimum access width of 15 feet to a public right -of --way or an approved private right-of-way." Notice how the words "legal access" are used instead of the word "easement." Both mean the same thing. Then there is the case of the "prescriptive easement." Sometimes access over someone else's property_ just happens. If the property has not been periodically defended, or if it has been used as an uninterrupted easement for seven years, then a precedent has been established. Because of the precedent, a prescriptive easement can be declared to settle the dispute. Easements are strange animals. They should be carefully examined for all governing conditions. Dedications may be made by land owners for different reasons. The landowner may wish to dedicate property to the public for altruistic reasons - land may be needed for street right-of-ways, parks, or buildings, and the governing entity may lack funding to buy the necessary property. Dedications may be made to further the development of property in the hope that the local governing entity will install streets and utilities. Dedications have also been made to absolve developers or condominium associations of the responsibility of maintaining already installed streets which will need future maintenance. Dedications, too, should be carefully examined for all encumbrances or attached conditions. Now, notice how Sec. 110-477. Dedicated public easement mixes the use of these terms. Sec 110- 477 requires that "no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and iecommendation from the planning and zoning board." The recommendation from the planning and zoning board should always make sure that the dedication meets the city's standards. One good long range way for the planning and board to head off fixture problems with street dedications by developers and owners is to make sure during the site plan review process that all streets, driveways or access routes meet DOT standards if there is any intent to later dedicate them for public use. If the developer wants to build substandard streets or driveways, the planning and zoning board should make clear that these streets and driveways will not be accepted by the city unless they are brought up to DOT standards. Right-of-way is the measured widths of the land dedicated for public use. The width of street right-of- ways varies according to the use of the street or roadway. The width of the property lines which bound the right-of-way of Highway AIA is feet. The width of the property lines bounding Ridgewood Avenue and North Atlantic Avenue is feet. Main thoroughfares are, of course, wider, and street right-of-ways are normally 50 feet wide. Sometimes cities or counties show "reservations" for future right-of-ways. In Cape Canaveral the future Ridgewood Avenue northern extension is shown as a reservation. The city planning and zoning board, performing its planning function, commissioned the survey of a reservation for a Ridgewood extension. This reservation is shown on the zoning map to indicate to developers and property owners that the city intends to guard the reservation during future site plan reviews. The city does not own the property nor has it been dedicated However, the city is operating with the strategy that the property owners will see the benefit of having a planned thoroughfare in the area and will dedicate that section of their property to form the right-of-way for a future installation of the main traffic artery. Reservations allow local governments to indicate planning without condemning the property. CONCLUDING REMARKS Further thoughts on Ridgewood Avenue Extension: There is currently no street north of Central Boulevard that is constructed to operate as a main east -west artery between Ridgewood extension and North Atlantic Avenue. If the extension is installed, it should be built in its entirety to flow traffic all the way to its projected northern end Other existing east -west streets, such as Ocean Woods Boulevard, Harbor Drive, Villages of Seaport Boulevard, and Shorewood Boulevard could then connect simultaneously, each carrying a small portion of traffic. These streets are not constructed to act as main outlets, nor are their neighborhoods inclined to allow their streets to become main thoroughfares. The very reason that Ocean Woods elected to guard Ocean Woods Boulevard was to keep that street from becoming the main northern outlet for Ridgewood, and the same sentiment is strong in Harbor Heights. —•'Y�"-�x:sk+^_ _ aC L`:=a"h: YiC�,+.:i::aF:is...1 'Y..i^c'—+..cJCis�-...i 5-'s �i-, a •. c....� :{.'.4r. ::� c 1 '"� SUBDIVISIONS may be good cause for the city to refuse to issue a certificate of completion. All utility improvements must be inspected by the city prior to backfilling. (Ord. No. 22-93, § 1(503.10(3)), 7-6-93) Sec. 98-83. Issuance of certificate of comple- tion. (a) Upon completion of construction of the im- provements, the applicant or his authorized rep. resentative shall provide to the city the following items: (1) A letter stipulating that construction of the improvements has been completed and re- questing final inspection and approval. (2) The testing reports and certificates of com- pliance from material suppliers speed in this chapter. (3) Two sets of as -built construction plans. (4) A letter signed and sealed by a professional engineer registered in the state certifying that the improvements have been con- structed in conformity with the approved construction plans and specifications. (5) A letter from the appropriate authority ap- proving all utility installations. If the au- thority is accepting a public water or sani- tary sewer system, there must be a letter indicating acceptance of the construction of the system. (b) Upon receipt of the items listed in subsec. tion (a) of this section, the city shall review the data and make a final inspection of the constructed improvements and shall notify the applicant of any items of noncompliance of the construction with the design contained in the approved con- struction plans and specifications and the provi- sions and requirements of this chapter. A certifi- cate of acceptance shall be issued by the city when the construction of the improvements is completed in conformity with the design contained in the approved construction plans and specifications, and the provisionsand requirements of this chapter. -� (Ord. No. 22.93, § 1(503.10(4)), 7-6-93) Secs. 98.84, 98-85. Reserved. $ 98.88 i ARTICLE ]IV. IMPROVEMENTS DIVISION 1. GENERALLY Sec. 98.86. Development and enforcement of regulations. The city engineer is empowered to develop, pub- lish, apply and enforce regulations and all speci- fications and procedures required or necessitated by this division. (Code 1981, § 503.09(E); Ord. No. 22-93, § 1(503.11(E)), 7-6-93) Sec. 98.87. Permanent markers. (a) Within 30 days after the approved subdivi- sion final plat has been filed and recorded in the office of the county clerk, and prior to commence- ment of construction, the subdivider or property owner shall cause a registered surveyor to install permanent concrete monuments to be erected on the corner and end of all property to be dedicated to the city for streets, parks, playgrounds or other public purposes. He shall also install such monu- ments at corners of the blocks. (b) Where angles and curves occur in street or easement lines, such monuments shall be placed at all angle points, points of curve and points of tangency. When the monuments have been in- stalled, the registered surveyor shall notify the city engineer, who will then inspect the installa- tion in the presence of the registered surveyor. If the work has been completed satisfactorily, in the opinion of the city engineer, he will notify both the owner and the registered surveyor in writing that such work meets the requirements of this section. (c) The monuments must be of such material and size as approved by the city engineer. (d) Iron pipes shall be placed at all lot corners. (Code 1981, § 503.09(A); Ord. No. 22-93, § 1(503.11(A)), 7-6-93) Sec. 98-88. Elevation. (a) All elevations in a subdivision are referred to N.G.V.D. of 1929. CD98:15 .v,�. �S�?gd,.r _... eT L,r mux a.:w�nil+.�+i�i�3:�•`f.::S'�'�'t'.:��.i.�.::�::`z'LacN=� .+ ti�-:1'Q.b4i�t.'�a�a`ti�.n. S:. < 'r cr-' e § 98.8`.. CAPE (b) One monument with bronze disk will be re- quired in each subdivision or at least one per 50 units in larger subdivisions. The location of the monuments must be approved by the city engi- neer. (c) The bronze disk shall be flat, three inches in diameter, and 3/is-inch thick with a one -inch by 21/2 -inch stem at the bottom. This marker shall be cemented in a drill hole in solid rock, in a bridge abutment or in any other permanent masonry structure. The inscription shall read: "Florida, B.M. No. , Elev. , Cape Canaveral." (Code 1981, § 503.09(B); Ord. No. 22-93, § 1(503.11(B)), 7-6-93) Sec. 98.89. Water supply. (a) All structures shall be connected to the city water supply. (b) Fire hydrants shall be placed so that the area served must fall within 500 -feet radius or 650 feet along the street. Minimum size of the fire hydrant main shall be six inches and specifica- tions shall conform to the "Criteria for Water and Sanitary Sewerage Systems Within Brevard County." (c) All public water plans and specifications must be approved by the city engineer, the City of Cocoa water department, and, as applicable, the state department of environmental protection or its successor departments/agencies. (Code 1981, § 503.09(C)(1); Ord. No. 22-93, § 1(503.11(C)(1)), 7-6-93) Sec. 98.90. Sewers. All structures shall be connected to the city sewer system. System design and construction shall conform to the "Criteria for Water and San- itary Sewerage Systems Within Brevard County." All sanitary sewer plans must be approved by the city engineer and, as applicable, the state depart- ment of environmental protection and the state department of health and rehabilitative services or tliei€successor departments/agencies. (Code 1981, §"503.09(Q(2); Ord. No. 22-93, § 1(503.11(C)(2)), 7-6-93) CANAVERAL CODE Sec. 98-91. Drainage. Storm drainage, groundwater drainage and other drainage improvements plans and specifica- tions for a subdivision must be approved by the city engineer and, as applicable, the St. Johns River Water Management District. (Code 1981, § 503.09(C)(3); Ord. No. 22-93, § 1(503.11(C)(3)), 7-6-93) Sec. 98.92. Streets. (a) Arterial streets cross sections of a subdivi- sion shall be in accordance with the city compre- hensive plan and as determined by the city engi- .neer and approved by the planning and zoning board. (b) Collector streets shall have either: (1) A 60 -foot -wide right-of-way, two 20 -foot -wide pavements, four -foot -wide separation strips, five -foot -wide sidewalk on each side; or (2) A 60 -foot -wide right-of-way, 40 -foot -wide pavement and four -foot -wide sidewalk on each side. (c) Minor streets for row houses and apartments shall have a 60 -foot -wide -right-of-way, 36 -foot - wide pavement, and five -foot -wide sidewalks on each side. For residences, minor streets shall have a 50 -foot -wide right-of-way, 24 -foot -wide pavement, and five -foot -wide sidewalks on each side. (d) Marginal access streets shall have a 50 -foot - wide right-of-way, 24 -foot -wide pavement, and five- foot -wide sidewalks on each side. (e) Streets along development boundaries and streets connecting a development with existing improved street systems require cross sections as determined by the city engineer and approved by the planning and zoning board. (f) Alleys must be paved full width, 20 feet min- imum, as per approval of the city engineer. (g) Grades on streets require plans and profiles to be approved by the city engineer. (h) Radii of pavements at street intersections shall not be less than 30 feet at the edge of the pavement or face of the curbline. CD98:16 C11 SUBDIVISIONS (i) All rights-of-way for streets, roads and drainage easements are to be cleared for their full width and, upon completion, left in a clean and neat condition. If required to prevent erosion or excessive washing, such areas abutting the street and ditches shall be sprigged with grass or other protective measures shall be taken as required by the city engineer. G) All necessary drainage easements shall be furnished at no expense to the city. (k) The developer shall give the city engineer at least two weeks' notice in writing by registered letter before the commencement of any construc- tion. (1) The developer shall have available a quali- fied engineer or assistant for the purpose of set- ting all line and grade stakes when required by the contractor or inspector. (m) The city may have an inspector on the project when deemed necessary during the con- struction period. The inspector shall be autho- rized to enforce the ' construction of the work in accordance with the plans and specifications cov- ering the work. The inspector shall be furnished with a complete set of plans and specifications for this purpose. If any change is required in the plans during the period of construction, such changes must first be approved by the city engineer. (n) All paved roads shall provide a minimum of two 12 -foot -wide lanes (24 feet width total) exclu- sive of curbs. (o) All roadways shall be underlain by a base course of one of the following types, having a min- imum thickness* of six inches, with design., as pre- scribed by the "Manual of Uniform Mnimum Standards for Design, Construction and Mainte- nance of Streets and Highways," as published by the state department of transportation, and no other: (1) Limerock stabilized base. Limerock base will only be used in well -drained areas not having a high or fluctuating water table. The area must be approved by the city en- gineer. —�' (2) Soil -cement base. Design of the mixture shall be submitted to the city engineer for .••• .r=sa.�.U..�uri:ryzu.. oa.r��.ur..:.^ �-.:Yr'h.::oaivmv.n.-:.••Ga�a.•..d.R. $ 98.92 approval before processing begins. Wet -dry test cylinders shall have a psi compression value of 300 pounds or greater at seven days. (3) Sand bituminous road mix. Design of the mixture shall be submitted to the city en- gineer for approval before processing starts. The design will include the amount of bi- tumen by volume to be supplied per inch of depth per square yard of surface and the maximum obtainable density per cubic foot with optimum bitumen content. (p) The pavement surface of streets shall have single, double or triple surface treatment, and a minimum of a one -inch -thick asphaltic concrete surface course, as specified by the state depart- ment of transportation "Standard Specifications for Road and Bridge Construction," latest edition. (q) Subgrade stabilization of streets shall have a limerock bearing ratio (LBR) equal to LBR 40 to depth of 12 inches. The subgrade shall be that portion of the road directly and through 12 inches below the base course, and the entire width of the road and extending six inches back of the curbs. If curbs are not used, the subgrade will be stabilized one foot wider than the pavement on both sides. (r) Stabilized subgrade requires one LBR for every 600 square yards. Base course design for soil cement and sand bituminous road mix re- quires a test for every material change. Limerock base course requires a Proctor test for every type of limerock. Asphaltic concrete surface course re- quires a. design to be submitted for approval. A 2300 Hubbard -Field stability is required, as well as type 2, as prescribed by the state department of transportation standard specifications. (s) Curbs and gutters shall have a raised curb of one of the following types and shall be con- structed of class A concrete: (1) Six-inch by 16 -inch straight curb. (2) Combination curb and gutter. (3) Combination sloped curb and gutter sloped curb. CD98:17 ihtiiJe.�:G.:4 xisSTlLA-i-AJi.�Y]M4�i5•'�: i:.f." `�t�+YS/+YwGhy"'=�'+M�:4�.Y ice:}�I��v�Ji"t•�% ✓ A"'���� � YS ... - •--+Ki _ — — — y.ih._-_—. _ _ .�. \'ice. CAPE CANAVERAL CODE (t) Sidewalks shall be constructed as follows: (1) Residential areas shall have a sidewalk no less than four feet wide. (2) Arterial and collector streets shall have a sidewalk five feet wide. (3) All sidewalks shall be class B concrete, four inches thick, with six by six by ten wire mesh, expansion joints at 30 -foot intervals and construction joints scribed at five-foot intervals. (4) All sidewalks must be approved by the city engineer. (u) Driveway aprons shall be a minimum of six inches thick, class B concrete, with six by six by ten by ten wire mesh. Driveways shall be a min- imum of four inches thick, class B concrete, with a six by six by ten by ten wire mesh. (v) Catch basins and drop inlets shall be con- structed of either masonry or reinforced class B concrete. (w) Drainage pipe shall be of a material as ap- proved in the "Roadway and Traffic Design Standards," latest edition, as prepared by the state department of transportation. (x) The developer will furnish and install street markers at all intersections. Such street markers will be of the quality and design as approved by the city engineer. (y) Seeding and planting of median strips shall be per city specifications. (Code 1981, § 503.09(C)(4); Ord. No. 22-93, § 1(503.11(C)(4)), 7-6-93) Sec. 98.93. Boundary line survey. The subdivision boundary line survey shall con- form to the following.- (1) ollowing: (1) Closure. a. The angular error of closure shall not exceed one minute times the square root of the number of observations. b. The linear error of closure shall not ex- .Y- ceed-one foot in 5,000 feet. c. The closure error shall be adjusted by the transit method. (2) Marking boundary lines. Corners and/or an- gles in property lines shall be marked with four -inch by four -inch by 30 -inch concrete monuments with 21/4 -inch brass caps. The concrete monuments shall be reinforced with a no. 4 steel rod. (3) Computations. Two copies of computations of closure shall be submitted for the ap- proval of the city engineer. (Code 1981, § 503.09(D); Ord. No. 22-93, § 1(503.11(D)), 7-6-93) Sec. 98.94. Final acceptance of work. '-(a) Maintenance of the improvements enumer- ated in this article will not be finally accepted by the city until all work is fully completed from right-of-way line and approved and. certified by the city engineer. (b) All construction shall be in accordance with the applicable state department of transportation and county road specifications. (Code 1981, § 503.09(F); Ord. No.. 22-93, § 1(503.11(F)), 7-6-93) Secs. 98.95-98.105. Reserved. DIVISION 2. DESIGN STANDARDS Sec. 98.106. Blocks. (a) The lengths, widths and shapes of blocks in a subdivision shall be determined with due re- gard to the following: (1) Provision of adequate building sites suit- able to the special needs of the use contem- plated. (2) Zoning requirements as provided in chapter 110 of this Code as to lot sizes and dimen- sions. (3) Such access, circulation, control and safety of street traffic as deemed necessary to pro- tect the public health, safety and welfare. (4) Limitations and opportunities of topog- raphy. (b) Block lengths shall not exceed 1,500 feet or be less than 500 feet. CD98:18 �G; -� - _ •• _• •. -•4.1'M:S�:�r L•"- '=C. 1:i4'1+fwFT[+LtaZ.c[GIC96l .�.�.', l: G':i..�.' u.- i.•=��d".T?��^..:�. r�+I SUBDMSIONS (c) Pedestrian access rights-of-way shall be not less than ten feet wide. At least six feet of the right-of-way shall be paved with Portland cement concrete where deemed essential to provide circu- lation, or access to schools, playgrounds, shopping centers, transportation and other community fa- cilities. (d) In blocks over 1,200 feet in length or where otherwise deemed necessary to give pedestrian ac- cess to schools, local shopping centers and parks, the city may require additional right-of-way and pavement for pedestrian crosswalks. Such pedes- trian crosswalks shall consist of a right-of-way ded- icated to the city for pedestrian use. (Code 1981, § 503.10; Ord. No. 22-93, § 1(503.12), 7-6-93) Sec. 98.107. Lots. (a) The size, width, depth, shape and orienta- tion rientation of subdivision lots and the minimum building setback lines shall be in conformity with chapter 110 of this Code pertaining to zoning. (b) Lot dimensions shall conform to chapter 110 of this Code pertaining to zoning. (1) Residential lots, when not immediately ser- viceable by public sewer, shall meet the minimum requirements of chapter 110 of this Code pertaining to zoning. (2) Depth and width of properties reserved or laid out for multiple, commercial and in- dustrial purposes shall be adequate to pro- vide for offstreet service and parking facil- ities required by the type of use and development contemplated. (3) Corner lots for residential use shall have a width at least 15 percent larger than the width of interior lots along both adjacent streets in order to permit appropriate building setback from and orientation to both streets. (c) The subdividing of the land shall be such as to provide, by means of a public street, each lot with access to an existing public street. (d) Double frontage and reverse frontage lots —�- should be avoided, unless essential to provide sep- aration of residential development from traffic ar- § 98-109 teries or to overcome specific disadvantages of to- pography and orientation. A planting screen easement of at least ten feet and across which there shall be no right of access shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. (e) Side lot lines shall intersect streets and each other at right angles, and in no case shall a lot have an interior angle of less than 30 degrees from a street or lot line. (Code 1981, § 503.11; Ord. No. 22-93, § 1(503.13), 7-6-93) Sec. 98.108. Easements. (a) Subdivision easements across lots or cen- tered on rear or side lot lines shall be provided for water, sewage and drainage where necessary and shall be at least ten feet wide. (b) Where a subdivision is traversed by a wa- tercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such fur- ther width or construction or both as will be ade- quate for the purpose. Parallel streets or park- ways may be required in connection therewith, except where fingers occur. (Code 1981, § 503.12; Ord. No. 22-93, § 1(503.14), 7-6-93) Sec. 98.109. Public sites and open spaces. (a) Where a proposed park, playground, school or other public use, as shown in the comprehen- sive plan, is located in whole or in part in a sub- division, the planning and zoning board may re- quire the dedication or reservation of such areas within the subdivision if the board deems such requirements to be reasonable. (b) Where deemed essential by the board and as approved by the city council, upon consider- ation of the particular type of development pro- posed in the subdivision and especially in large- scale neighborhood unit developments, trot- - anticipated in the comprehensive plan, the board may require the dedication or reservation of such other areas or sites of a character, extent and lo- cation suitable to the needs created by such de- CD98:19 .�w`:.zs�-.. _ _. •�.r!rvs-?+ -.r ea:wr«c�c..+.- _ r.u:....a�:;.��,r.:lse•:s.r.r_�_-isif_:1�ufL1."s:i�.Y:�f'-f1C�*.'.i�_TF: yPN,T :isS([��'3s=Y?tS+.i�•.+i: § 98-109 r CAPE CANAVERAL CODE velopment for schools, parks and other neighbor- hood purposes. (Code 1981, § 503.13; Ord. No. 22-93, § 1(503.15), 7-6-93) Sec. 98.110. Alleys. (a) In a subdivision, alleys shall be provided in commercial and industrial districts, except that the city may waive this requirement where other definite and ensured provision is made for service access, such as offstreet loading, unloading and parking, consistent with and adequate for the uses proposed. (b) The width of an alley shall not be less than 20 feet, and the alley shall be paved full width. (c) Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement for trucks. (d) Dead-end alleys shall be avoided where pos- sible, but if unavoidable shall be provided with adequate turnaround facilities at the dead-end, as determined by the city. (Code 1981, § 503.14; Ord. No. 22-93, § 1(503.16), 7-6-93) Sec. 98-111. Surface and storm drainage. (a) Request for approval of subdivision prelim- inary plat plans shall be accompanied by a com- prehensive study of the surface and storm drainage system. In making this study, a modified formula may be used in computing the amount of storm - water to be carried by the drainage system. The formula to be used is as follows: Q = CIA In which: Q = Total stormwater runoff. C = A runoff coefficient representing the ratio of runoff to rainfall. I = Intensity of rainfall, or rate of rain- fall in inches per hour. A = Surfaced area in acres. In the use of this formula, the following ratio of imperviousness zoning classifications shall be taken: Percent Commercial................... 90 Residential and industrial areas. 40 Parks and undeveloped areas... 5 Since the coefficient of runoff is a combination of these factors, together with other factors such as retention, imperviousness, etc., the following co- efficients of runoff may be used in the study: Coefficient of Runoff C • Duration of Storm (minutes) Area 10 15 20 30 60 120 Commercial .548 .645 .745 .836 .955 .975 Residential .356 .440 .502 .576 .680 .740 Undeveloped .237 .316 .369 .422 .522 .617 (b) The system shall be designed by accepted engineering principles for design floods resulting from rainstorms of the maximum intensity pre- dicted for the county for at least the 25 -year storm of 24-hour duration for major water management facilities, and for at least the ten-year storm of 24-hour duration for all other facilities. The system shall be designed for 20 -year life, low mainte. nance cost and ease of maintenance by normal maintenance methods. The city may require such data from the applicant as is determined neces- sary to prove the adequacy of the design of the water management system. (c) The storm drainage plan may include the use of street curbs and gutters and open ditches as transportation arteries for the stormwater, pro- vided the length and grade of the street is not too great, thereby permitting the accumulation of ex- cessive amounts of water in the street proper. Cul- verts shall be used at all points where open ditches occur at street or driveway crossings. Underground storm sewers shall be used if the area to be drained is too large for normal sized drainage ditches. The decision in this respect shall be made by the plan- ning and zoning board upon the recommendation of the city engineer. (d) Outfall of the subdivision surface or storm drainage system shall be one of the following (1) Proper connection between the new subdi- vision drainage system and the existing city CD98:20 %7!FP'{a•J6a'5.��ucw+.g:G�7aYi.�iG1�'a8G c �.�_,.,`�zr.a .:5c.�t^7q.Y"#bC.1!:.o-.a- �'� .r a, ���, s SSL y�r..fiae �1.��ts�� ! § 110-469 CAPE CANAVERAL CODE rte. &%alar area bounded on two sides by the street right-of-way lines and on the third side by a straight line drawn between two points on the street right-of-way line located 25 feet from the point of the intersection of the street right-of-way lines. (Code 1981, § 641.25) Cross references—Property maintenance requirements, § 34.97; streets, § 66-26 et seq.; traffic and vehicles, ch. 74. Sec. 110.470. Fences, walls.and hedges. (a) Fences, walls and hedges may be permitted in. any yard, except as specified in section 110- 469, provided the following height restrictions shall apply: (1) In any residential district (R-1, R-2 or R-3), no fence, wall or hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way. (2) In any commercial (C-1) and industrial (M-1) districts, no fence, wallor.hedge in.any.side or rear yard shall be over eight: feet :in height or over four feet in height if.=within 25 feet of any yard abutting"aii -lie ub right-of-way. When the boundary of a com- mercial or industrial zoning district abuts any residential zoning district, the max- imum height of a fence, wall or hedge shall be six feet. (3) In any district, the planning and zoning board may provide an exemption allowing a fence of six feet in height within 25 feet of any yard abutting any public right-of-way if the applicant can demonstrate that .an ` ascertainable and definable hazard will be reduced by the construction of the six-foot fence. The applicant must also demonstrate that the additional height will not cause a visual obstruction to motorists deemed haz- ardous by the planning and zoning board. *A written request for an exemption shall be filed at least 21 days prior to the plan- ning and zoning board meeting at which it is to be considered, and notice of the meeting ,all be -..mailed to -all property owners within a 300 -foot radius of the property for which an exception is sought. The appli- cant shall pay a fee as set forth in appendix B to this Code. (b) No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure. (c) All concrete boundary walls are to be fin- ished by stuccoing or painting in neutral colors at the time they are constructed. (d) No words or symbols, other than street ad- dresses and names of occupants in residential dis- tricts, shall be permitted on exterior boundary ,kalls. If there are such nonallowed words or sym- bols, they shall be covered within seven days of notification to the owner by the city. (e) Any concrete boundary wall in excess of four feet in height shall have the excess height be open to 50 percent air and light in any residential dis- trict. (Code 1981, § 641.27) Crass references=Property maintenance standards, § 34-97; building code, § 82-31 of seq:; swimming pool code, § 82-245 et seq.; housing code, § 82-271 et seq. Sec. 110-471. Exceptions to height regula- tions. The height limitations contained in article VII of this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, solar panels, ven- tilators, chimneys, elevator equipment, air condi- tioning or other necessary equipment room usu- ally required to be placed above the roof level and not intended for human occupancy. (Code 1981, § 641.29) Sec. 110-472. Access. Every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking. All lots upon which structures are built shall have a min- imum access width of 15 feet to a public right- of-way or an approved private right-of-way. (Code 1981, § 641.31) CD 110:60 s:aesyr�ar. :mo-. : J�s:Az .. ,•a:i Sec. 110.473. Minimum width of courts. ZONING The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story build- ings and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of such a court shall be increased by two feet, provided that open unenclosed porches may project into a required court not more than 25 percent of the width of such court. Nominal insets in the building facade of six feet or less shall be exempt from this section. (Code 1981, § 641.39) Sec. 110-474. Water areas. All areas within the city which are under water and not shown as included within any zoning dis- trict shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend .into the water area in a straight line as projected until they intersect a projected line from other district boundaries. (Code 1981, § 641.41) Cross reference—Waterways, ch. 106. Sec. 110.475. Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any paved street, public and private, within the city (b). Sidewalks constructed in residentiatdistrict shall be four feet wide, and five feet wide in com- mercial and all other districts. Sidewalks and con. crete aprons will not be required across asphalt paved driveways, but the asphalt driveways must be maintained in good repair by the property owner. Sidewalks along State Highway AIA will require a permit from the state department of transportation and shall be five feet wide. § 110478 l 1 (d) Sidewalks shall normally abut the property line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed. (e) Construction of sidewalks shall be completed prior to the issuance of certificate-ofoccupancy or final inspection. Costs of construction shall be borne by the property owner. Construction of side- walks shall be in accordance with the city speci- fications, as adopted by resolution. (f) Sidewalks contiguous with or a part of the bicycle path system shall provide for a smooth transition between surfaces. (Code 1981, § 641.55) Cross reference—Streets, sidewalks and other public places, ch. 66. Sec. 110.476. Dedicated public land. Dedicated public streets, walkways, alleys, ac- cessways or easements may closed or relocated as part of or in conjunction with any private de- velopment plisse upon an application being made to the city: council; after review of and recommen- dation from the'planning.and zoning board, and if the application is in the best interest of the city. However, the vacated land shall not be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessway or easement must be submitted no later than 30 days prior to the planning and zoning board meeting at which it is to be consid- ered. (Code 1981, § 641.57) Cross references—Parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66. Sec. 110.477. Dedicated public easement No purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. (Code 1981, § 641.58) (c) Sidewalks being installed on a street within Sec. 110.478. Earth station antennas. �. the same block which already has sidewalks or portions of sidewalks installed must conform in (a) No owner, occupant or tenant of any prop - width with the existing sidewalks, but not to ex- erty located within any_zoning classificatioTPshall teed five feet in width. erect, construct or install any earth staifon an- CD110:61 - Estimated Construction Cost $92,818 Ni Estimated Administrative Costs (legal fees, advertising, prep. roils) 5,000 Estimated Costs $97,818 Less Contribution from w w Development L11 1/0 TOTAL O $87,815 .............. _ PARCEL # FRONTAGE % OF FRONTAGE PRINCIPAL* 757 120' 12% 10,538.16 785 150' 15% 13,172.70 872 237' 24% 21,076.32 824 487 49% 43,030.82 TOTALS 994' 100% 87,818.00** *Annual interest rate per Florida Statute is 8%; Length of payment period, to be negotiated with City Council;- cannot exceed 20 years. K A r qENT - o-pTiON NO. 2 REET M $92,818 Estimated Construction Cost Less Contribution from Shuford Development 10,000) Less Administrative Cost from option No. I LI -00-01 'TOTAL ESTIMATED COST LIZI-M PARCEL A . FRONTAGE 757 120' 785 150' 822 237' 824 487 TOTALS 994' ;j—.OF—FRONTAGE P�INCIPAL 12% 9,338.16 15% 11,672.70 24% 18,676.32 49% 38,130,82 100% 77,818.(10** *rincipal is due from each property owner prior to construction. Settlement Payment of total p ageement will be drafted by the city attorney - **Costs will be finalized based upon construction bid. q Ix 4 ti� o Sd.�i� VZ �o°� •mss tZ! Q CZ1 tl CQ ,, l Z so $ Vol' Del Oo « �S2Y it n C� �• ,�� ISO foll .P LQ In N c3 v in vi r w 3 Q ? PS : �1-••::� _ � � �Ip co iV �- �0 M i7 O -` vgl . h O� N c! b q InO L V�7v M to ^Q wbC4 " up eqzk v1C3 CID aNNM ��^N ^ `, Co ob • 11 •. t1 N .. It ti A .^ A all CAPE CANAVERAL 11 PfD23 a m.m CONDO NO SITE ADD SITE CITY OWNER NAME -24371491 5 208 CHERIE DOWN. LA CAPE CANAVERA YOUNG JAMES W 24 371491 5 2,06 CHERIE DOWN LA CAPE CANAVERA FLESHM,AN, SUE ANN 24 371491 5 204 CHERIE DOWN LA CAPE CANAVERA ABADIOTAKIS, TASSOS 24 371491 5 i 2,02 CHERIE DOWN LA. CAPE CANAVERA ARIAS, WALTER G 24 371491 5. 200 CHERIE DOWN LA CANAVERA JAMES B 24 371491 A COCOA BCH 3 WARNER, ARNER, JOHN A 24 371 491 8 (COCOA BCH FL 3 GRANDBOUCHE, JAMES S 24 371491 R COCOA BCH FL 3 BEACH PARK ENT INC` 24 3714PK 1 134 WASHINGTON AV CAPE CANAVERA FARAGO, ZOLTAN LESLIE 24 3714PK 1 116 WASHINGTON AV CAPE CANAVERA BRUNS, C BURTON 24 3714PK 1 114 WASHINGTON AV CAPE CANAVERA NEWMAN, CAROLE E 24 3714PK 1 112 WASHINGTON AV CAPE CANAVERA CARROLL MARTHA M 24 3714PK 1 110 WASHINGTON AV CAPE CANAVERA HALE, JAMES C 24 3714PK 1 108 WASHINGTONAV CAPE CANAVERA WARREN, DENNIS M 24 3714PK 2 132 WASHINGTON AV mm CAPE CANAVERA LAMBERT, KERRI K 24 3714PK 3 130 WASHINGTON AV CAPE CANAVERA TYLER, STEVE R 24 3714PK 4 128 WASHINGTON AV CAPE CANAVERA 'LUSCUSKIE, BART G 24 3714PK 5 126 WASHINGTON AV __CAPE CANAVERA IFILLET, MERLE D 24 3714PK 6 _ 124 WASHINGTON AV CAPE CANAVERA NOVAK, MARY ANNE 24 3714PK, 7 1 22 WASHINGTON AV CAPE CANAVERA HANNEMANN, ANDREW P 24 3714PK 8 12.0WASHINGTON AV CAPE CANAVERA CARAKER, STEPHEN S 24 3714PK 9 118 WASHINGTON AV CAPE CANAVERA EASLER, DAVID P 24 3714QG 1 106 WASHINGTON AV CAPE CANAVERA SNODGRASS, DOY WILLIAM 24 3714QG" 1 104 WASHINGTON AV CAPE CANAVERA TONER, GERALD H 24 3715003° FL 0� PINCJZIAK "CHARLES W TRU 24 371500251 CAPE CANAVERA CEVESCO INC 24 371500252 ICAPE CANAVERA WILSON HOLDINGS L P 2.4 3715003 CAPE CANAVERA THOMIPSON, DORA ANNE TR 24 3'715004 CAPE CANAVERA DG BEACH WAVES INC 24 3715005 _ CAPE CANAVERA PURCELL, RONALD R 24 371500501 CAPE CANAVERA CAPE CANAVERAL, CITY OF 24 371500502 FL 0 CAPE CANAVERAL, CITY OF 24 3715006CAPE _ CANAVERA CANAVERAL PORT AUTHORI 24 371500750 CAPE CANAVERA CEVESCO INC 24 3715007618700 _ COMMERCE ST CAPE CANAVERA JONATHAN ARTHUR CIENER 24 371500752 ICAPE CANAVERA BAUGHER, ROBERT A TRUST 24 3715.00753 CAPE CANAVERA PE'EPLES. JAMES W I'PI TRUE 24 371500753.1 CAFE CANAVERA PEEPLES, JAMES W III TRUE 24 371500754 CAPE CANAVERA CEVESCO INC 24 371500754.1 CAPE CANAVERA CAPE R & D CORP 24 371500755�� CAPE CANAVERA D, S REALTY 0. IASTRONIAL BLVD CAPE CANAVERA D & S REALLTY 24 371500756*11 9 8900 ASTRONAUT BLVD ANAVERA AJT LTD 24371500757 8660 ASTRONAUT BLVD 1HIMAPEANAVERA BERGER', ARTHUR W JR 24 371500758 8810 ASTRONAUT BLVD CAPE CANAVERA SHELDON COVE LTD 24 371500759 CAPE CANAVERA FORMULAS UNLIMITED RACI 2.4 37150076+3 200 CENTRAL BLVD W CAPE CANAVERA NASAJPOUR, ABULGHASEM 24 371500761 8555 ASTRONAUT BLVD CAPE CANAVERA COCHRAN, DOUGLAS L 24 371500762 CAPE CANAVERA HARDAWAY FRANKLIN D T 24371500763 8799 ASTRONAUT BLVD CAPE CANAVERA LIGERAKIS, ZACHARIAS 24 371500764 8708 COMMERCE ST CAPE CANAVERA R,ONSTROM, KURT E 24 371500765 CAPE CANAVERA CAPE CANAVERAL, CITY OF 24 371500766�— CAPE CANAVERA —� BAUGHER, ROBERT A_TRUS 24 371500767 8701 ASTRONAUT BLVD CAPE CANAVERA COCOA. BEACH MOTEL TWO 24 371500768 8600 ASTRONAUT BLVD CAPE CANAVERA ..,....,w.. SH'UFORD DEV COMPANY 24 371500769 CAPE CANAVERA CAPE R & D CORP 24 371500769.1 CAPE CANAVERA 'BAUGHER ROBERT A TRUST 24 371500770.1 8625 ASTRONAUT BLVD CAPE CANAVERA 'CAFE R & D CORP 24 371500778 8699 ASTRONAUT BLVD CAPE CANAVERA LAGGES, KYRIACOS 24 371500779 CAPE CANAVERA HARDAWAY, FRANKLINS TRU Page 127 CAPE CANAVERAL 5122197 SECOND OWN MAIL ADD I--- —MAIL -OITY --ACREAGE BLDG SQFT 000208 CHERIE DICAPE CANAVERAL FL 32920 O OSI 1600 005274 MILL STRIST CLOUD FL 34771 — — 1600 — - - ------ - --------- 000204 CHERIE D CAPE CANAVERAL FL 32920 0.05� 1600 ARIAS, MARCIA 0 H/W 000202 CHERIE D CAPE CANAVERAL FL 32920 1600 GRANDBOUCHE, NOREEN A 000200 CHERIE D CAPE CANAVERAL FL 32920 0'05� 1600 WARNER, MICHELE M, H/W 029079 26MILES NEW HAVEN W 48048 0.06� GRANDBOUCHE, NOREEN A 000200 CHERIE D CAPE CANAVERAL FL 32920 P14930POBOX COCOA BCH FL 32932 0.19 000134 WASHIN' CAPE CANAVERAL FL 329200.19 1656 BRqqS, MARY _K H/W 000116 WASHIN CAPE CANAVERAL FL 32920 . 0.19 .......... ...m. 1656 000114 WASHIN CAPE CANAVERAL FL 32920 0.19 1656 000112 WASHIN- CAPE CANAVERAL FL 32920 0.13 1449 HALE, JUDITH B HfW 000110 WASHIN m CAPE CANAVERAL FL32920___ 013 1428 000108 WASHIN CAPE CANAVERAL FL 32920 0.18 1664 000132 WASHIN CAPE CANAVERAL FL 32920 0,12 14-28 HARTMAN, ELIZABETH, K 000130 WASHIN CAPE CANAVERAL FL 32920 0.19 1656 L H/W 000128 WASHIN CAPE CANAVERAL FL 32920 0.19I 1656 000126 WASHIN CAPE CANAVERAL FL 32920 1428 000 124 WASHIN CAPE CANAVERAL FL 32920 0.13 1428 THIEBAUTH, EILEEN S 000 122 WASHIN CAPE CANAVERAL FL 3292 " 0 0.19 ' 1 "- 564 " 00_0120 WASHIN CAPE CANAVERAL FL 32920 0.13 1656 — ------ EASLER, NADENA W H/W 000118 WASHIN CAPE CANAVERAL FL 32920 ' 0.13 — 1449 SNODGRASS, DOLL M H/W 000106 WASHIN . .... . CA . .. PE CANAVERAL FL 32920 ..... 0.48 1656 000104 WASHIN CAPE CANAVERAL FL 32920 0-.23 1656 006099 N ATLAN CAPE CANAVERAL FL 32920 P00683 P 0 BOX C;AtE.CANAVERAL FL 32920 1001629 WINCH E MEMPHIS TN 38116 7.17 1001201 ROCKLE ROCKLEDGE FL 32955 11 000185 COCOA COCOA BCH J PURCELL, GLORIA V H/W - 0I 001720 LARCHM -FL -3.293.1 MERRITT ISLAND FL 32952 0.39 3500 �P32600 P 0 BOX CAPE CANAVERAL FL 32920 4*05 -,P—O"--BOX - CAPE CoANAVERAL FL 3292,0 2.481 �000200 KING GE CAPE CANAVERAL FL 3292.C.)--.----39.87 CiP00683 P 0 BOX CAPE CANAVERAL FL 329.20_..........__95.38� 008700 COMMER CAPE CANAVERAL FL 32920 E 2 36 15084 008701 ASTRON CAPE CANAVERAL FL 32920 O 83 P20757 P 0 BOX COCOA BCH FL 32932 P20757 P 0 QOX COCOA BCH FL 32932 P00683 P 0 BOX CAPE CANAVERAL FL 32920 10 36 008787 E PIr ',SCOTTSDALE AZ 85255 µ 0-.-66� . ..... P17290 P 0 BOX ;:LEWISBURG TN 37091. 2.,.3.`1,_ l 01.7-2.90 P 0 BOX ...... . LEWISBURG TN 37091 ., ..... . . .... 4,961 . .... 37548 000101 GEORGE CAPE CANAVERAL FL 329202,981 BENSON, JEANNEA H/W 000627 ADAMS CAPE CANAVERAL FL 32920 -�3 37 77_ — ------ --- 12270 000399 CHALLEN CAPE CANAVERAL FL 32920 2.61 33440 1 101761 US #1 KEY LARGO FL 33037 0.82 NASAJFOUR, AHMAD ,000440 POLK AV CAPE CANAVERAL FL 32920 0.66 1200 �008555 ASTRON CAPE CANAVERAL FL 32920 0,84 3702 GEIGER, WILLIAM ET AL P20325 P 0 BOX COCOA BCH FL 32932 - — ­" 0.09 5000 LIGERAKIS, ADAMANTIA H,/ 001720 RIVIERA MERRITT ISLAND FL 32952 ... . ..... .... ........ ............ 0�38 2660 P49500 P 0 BOX CAPE CANAVERAL FL 32920 1 031 4250 P32600 P 0 BOX CAPE CANAVERAL FL 32920 7 P 7956 000180 PINELLA COCOASCH FL 32931 —4..3. 000180 PINELLA COCOA BCH FL 32931 9.55', 104973 000000 P 0 DRA CAPE CANAVERAL FL 32920 5.51 63529 008787 E MNNA SCOTTSDALE AZ 8.5255 4.45 000080 PiNELLA COCOA BCH FL 32931 1.64 008787 E PINNA SCOTTSDALE AZ85255 -------- - -- ---- 0.97 10070 LAGGES, MARIANTHI H/W 006811 N US 1 COCOA FL 32927 O79 11 ''I'll" . ..... ...... GENGER, WILLIAM ET AL P20325 P 0 BOX �COCOA BCH FL 32932 0.06, Page 128 CAPE CANAVERAL 5122197 PID23 CdN'Dd NO SETS ADD SETE CITY OWNER IVAEd1E 24 371 S00809,7 1 514' CAPE CANAVERA !WEST, GARELD R 24 371500809.8 1 51,4; CAPE CANAVERA ,WEST, GARELD R 24 37150080919 5141 CAPE CANAVERA !WEST, GARELD R 24 3715008 10 5141 CAPE CANAVERA "WEST, GARELD R 24 371500810.1 514� . .. ........ . . ...... . CAPE CANAVERA VEST, GARELD R 24 371500810.2 51 `1i ICAPE CANAVERA !WEST, GARELD R . .. ........ 24 37 1 50081 17,3 5141 'CAPE CANAVERA NEST, GARELD R 24 371500810,4 5141 ICAPE CANAVERA *EST, GARELD R 24 371500812 ICAPE CANAVERA IMPERIAL BUS SN ESS CENTER 24 371500812._l j 894 357 4 PEI IAL BLVD A-1 CAPE CANAVERA LINTHICUM, MICHAEL D 24 371500812�2 894� 357 IMPERIAL BLVD A-2 ICAPE CANAVERA MORGANS, ROBERT E 24 371500812,3 894� 357 IMPERIAL BLVD A-3 }CAPE CANAVERA HUTCHINSON, J M 24.371500812 4 894, 357 IMPERIAL BLVD A-4 CAPE CANAVERA HUTCHINSON, J M 24 3.7j500812_,_5 894; 357 IMPERIAL BLVD A-5 ICAPE CANAVERA HIGH SEAS TRADING CO INC 24 371 50081 2.6 8941 357 IMPERIAL BLVD A-6 CAPE CANAVERA HIGH SEAS TRADING CO INC 24 371500812.7 . . ......... .. . 894�� 357 IMPERIAL BLVD A-7 'CAPE CANAVERA IHIGH SEAS TRADING CO INC 24 371500813 . ..... . ... CANAVERA !TECH -VEST INC 24371500814 . . . . ..... .... ....,........—..--...--.--.--ICAPE ICAPE ­CA`N-A-V`ER"A-J"R`-O ... G", E- R -S, LOUIS T 24 371500-8--15" r 85)5O -ASTRONAUT BLVD �CAPE CAN . A . V , E , R . A ICAPE - CANAVERAL - - - - JOINT - VE - 24 37 1500816 . . . ...... . .... . . . ....... . ....... . FL 0 -!CARTER, KATHLEEN 24 ASTRONAUT BLVD . . .... CAPE CANAVERA 'JAYBAR AMUSEMENT INC 24 37 1500818 1 932� 357 IMPERIALBLVDB-1. -'---96­;� LYTRY, GARY CAPE CANAVERA------- 24 37150081§,, 3��7 IMPERIAL BLVD B-2 ICAPE kAUTRY,GARY 24 371500818.2 932� 357 IMPERIAL BLVD B-3 ICAPE kTLINTHICUM, MICHAEL D 24 371500818.3 T 9321 357 IMPERIAL BLVD B-4 CAPE CANAVERA SCHMITZ, G, 2437160081_��,�__] BLVD B,5 . . .. ........ !CAPE CANAVERA SCHMITZ, G W. 24 371500818.5 .�§�7_!.M_P_ERIAL 832 357 IMPERIAL BLVD B-6 CAPE CANAVERA SCHMITZ, G 24 3715008 1 8,6 932 357 IMPERIAL BLVD C- 1 ICAPE CANAVERA GRIGGS, ELBERT V JR m 24 3715008187 9321 357 IMPERIAL BLVD C-2 !CAPE CANAVERAF,G RIGGS, ELBERT V JR 2437150081 932� 357 IMPERIAL BLVD C-3 �CAPE CA A�ERA 1IMPERIAL BUSINESSCENTER w8 m8 24 371500818,9 9321i .357 IMPERIAL BLVD C-4 . . ...... . .... . ..... CAPE CANAVERA,PAN, PEND 24 371500819 932! 357 IMPERIAL BLVD CE ICAPE CANAVERA !PAN, PEND 24 371500819 i 932 357 IMPERIAL BLVD C-6 !CAPE CANAVERA !IMPERIAL BUSINESS CENTER 24 371500819.2 - - 9321 357 IMPERIAL BLVD C-7 - i CAPE CANAVERA !IMPERIAL BUSINESS CENTER 24 371500821 -- - I .. ... ......... . .... .. --- --- FL 0 0EEPLES, JAMES W III TRUS 24 371500822 L 0 IALUSON STORAGE CORPOR 24 371500823FL ...... . ......... .... . . ............ . - - - ---------7- - - 1--, ----- 0 CAPE CANAVERAL, CITY OF 24 3715008 2�_ --- ---- - --- ---- FL 0 kUCZEK, WILLIAM J TRUSTS 24 37 1500825 8780 ASTRONAUT BLVD LL l��3.PE CANAVERA IMC DONALD'S CORPORATIO 24371551 1 81200 CENTRAL BLVD W ICAPE CANAVERA IPELUSO, AUGUST 24 371561 1 803 CENTRAL BLVD W . .... .. . .. ........... ICAPE CANAVERA 1,PALC AK, EDWARD W 24 371551 1 301 CENTRAL BLVD W [CAPE CANAVERA PELLISO, AUGUST 24 371551 2 1 802 CENTRAL BLVD W ICAPE CANAVERA PELUSO, AUGUST 24 371551 3 804 CENTRAL BLVD W [CAPE CANAVERA IPELUSO, AUGUST 24 371.551 4806 ...... .. . . CENTRAL BLVD W lCAPE NAV RA LUSO, AUGUST 24 371 551 5± 808 CENTRAL BLVD ICAPE CANAVERA ITERAN, ALFREDO J 24371551 6, -W 810 CENTRAL BLVD;W CAPE CANAVERA STICKRATH, TIMOTHY J 24371551 7 809 CENTRAL BLVD W CAPE CANAVERA IMARIANI, EMIDDIO W 24371551 8 807 CENTRAL BLVD W CAPE CANAVERA MARIANI, EMIDD 1 0 24 371551 . .. ........ 805 CENTRAL BLVD W ICAPE, —CAN"A- V-"-ER-"—AW- I'Lll-A-M- —,E"-M--ID-D- 10 _9 24 371551 A --�-C-A—PE-C-A"NAVERA JANGEL'S ISLE INC 24371575 1_.. 624 MANATEE BAY DR mm CCAPE CANAVERA (DISCOVERY BAY DEVELOPM 24371575 1 606 MANATEE BAY DR ICAPE CANAVERA !DISCOVERY BAY DEVELOPM 24371575 1 604 MANATEE BAY DRICAPE CANAVERA (DISCOVERY BAY DEVELOPM 24371575 1 -1--"6-,02—M-A---N--A--T--E,E—BA-Y- 'b"R ---16"A"PECANAVERA DISCOVERY BAY DEVELOPM 24371575 1 iCAPE CANAVERA .. . - - -FcA"-P--E----CA—N-A,-,VERAL, CITY OF 24 37157'5 1 . .... .... . ..... ... . . ... .. . 599 MANATEE BAY DR �CAPE CANAVERA !DISCOVERY BAY DEVELOPM 24371575 1 601 MANATEE SAY DR -- 1------l--------.-.-- !CAPE CANAVERA DISCOVERY BAY DEVELOPM ! . ......... 24 371575 1 603 MANATEE BAY DR !CAPE CANAVE IA'DISCOVERY BAY DEVELO 124371575 1 b 605 MANATEE BAY DR 'CAPE CANAVERA DISCOVERY SAY DEVELOPM Page 136 CAPE CANAVERAL 5/22197 SECOND OW1V MAIL ADD MAIL CITY]ACREAGEBLDG SOFT 10002,00 S BANAN!MERRITT ISLAND FL 32552, _._...._..... _ ._.... 0.0'1! Y 240 _. .., _..m_ ........ .... .. ._.... _,... — _ _.. m... __— .. -- 000200 S BANAN MERRITT ISLAND FL 3295? ._...._,n.. __. w.r._.. _._.._. ..., 0.01 240 _........ _.__.. _ ..... ._._ ..... .-_.. _ __. ..... _ _ ....._,.. .. ., _.. 10002,00 S BANAWIVERRITT ISLAND FL 32952 _. . _....._. __ ... .._._.... . ... .......... 0.01 240 ....- ._. ....... _..._ — - - —.._. 0002,00 S BANAN MERRITT ISLAND FL 32952 —_ .. _..u.. 0.01 _ 240 _..._.._ 000200 S BANAN�MERRITT ISLAND FL 32952 0.01' 240' 000200 S BANANIMERRITT ISLAND FL 32952 1 0.07.._.. 24.0 1000200 S BANWM BRITT ISLAND FL 32952 0.01; 240 r 1000200 S BANANIMERRITT ISLAND FL 32952 0.01 240 000357 IMPERIACC'AP_E CANAVERAL FL 32920 3A 8750 000185 BAHAMA'COCOA BCH FL 32.931 __... 0,111 - 1225 _._....., _,__.....,..... ...........___._..,_ _ ......., .._. __.,_., ___._-.......... MORGANS, MELAME K H/W 000535 BORA. A ,MEP,RITT ISLAND FL 32952 _-- 0.111 1225 LANCE B COCOA FL2.92 a 0.1.1d..�._...... _._. 12.2. 1 _._.___._�.._..._...._...__ ___.._.-1002206 ........_ �00226 _... _........ 1225 „_ _....._ V001 625 NAM AMI jMIAMIAL 3Fl 66 1 1". 12.25 ;001 625 N MIAMI MIAMI FL 331360.11; 1225 1001625 N MIAMI [MIAMI FL 33136 0 11 1225 0001 24 ST CRO' COCOA BCH FL 32931 3,111 32256 ROGERS, MARILYN H/W 000840 N ATLANICOCOA BCH FL 329.31 4 iP03767 P 0 BOX COCOA FL 32924 12.4 4' 1 60000 BELL, CAMILLE 3.22' 18080 17228 08 1NICHOLASVIL11 L 1. E KY 40356 ._._...___1000 AUTRY, LINDA H/W 1000188 _._... _ _....,... _C�URH0 .._.___1 PINELLA 'COCOA BCH FL. 32931 _ ._.... _—._ __,.. _- _ ..._.. i . _ _ ..... .�3 0.081 . ___....._.._,. 1200 ......._._.,......... AUTRY, LINDA H/W 1,000188 .._. PINELLA'COCOA BCH FL 32931 I 0,081 1'200 �0001 85 =COA BCH FL 32931 1200 P62200 P O L XAICAPE CANAVERAL FL 32970 �..m 0 8F 1200 P62200 P 0 BOX ICAPE CANAVERAL FL 32920 f 0.081 1200 _.__._.---- _----- _ _ ...... .._.— __ __ .. _- _ __._...._ . ---- —_ w.. __._. ___ _-.__�__.__.. IP62200 P O BOX (CAPE CANAVERAL FL 32920 _ _.._ i w _...._— _ _ .._..__. 0.08! ...._ _ . ... ..........._ 1200 GRIGGS CAROLYN SUE H/W j004505 OCEAN B�COCOA BCH FL 32931 0,08i 1200 GRIGGS, C A R 0 L Y N SUE H/WW1004505 OCEAN B{COCOA BCH FL 32931 0.08 1200 000357 IMPEMALICAPE CANAVERAL FL 32920 0.06 1200 X001315 PAUL ST IMERMTT ISLAND FL 32953 0.08 1200 FUST JOSEPH S j001315 PAUL ST 1MERRITT ISLAND FL 32953 0 08 1200'' {000357 IMPERIALICAPE CANAVERAL FL 32920 0,081 1200 °000357 IIMPERIAL'CAPE CANAVERAL FL 32920 I 0,081 1200 P32075 P 0 BOX COCOA BCH FL 32932 1,75 008570 COMMER CAPE CANAVERAL FI 32320 I 9828 .. .__..._ _ _ _— _.....1 _._._ _ [005492 SHARP DIHOWEL.L MI 48843 2.0 4 (000000 BOX 662 0CHICAG.O IL 60666 1 48` 000150 S ORLAN COCOA BCH FL 329310.23 PALCHAK, LINDA SUE WW�C042358 TESSME_ STERLING HEIGHTS MB 48067 0 19'.. 2337 0001 50 S ORLAN !COCOA BCH FL 32931 0001 50 S ORLAN (COCOA BCH FL 32931 ! '0.2, 0. 18, 10001 50 S 0RLAN iC000A BCH FL 32931 0.18 _..__ ....._ _. ...... — _ ._. _,_ ____ .._._. I000150 S ORLAN 1COCOA BCH FL 32931 0.1 9, _ .. ...._......_. _. J, TERAN MONICAMONIt,A I H/W -0808 W CENT ICAPE CANAVERAL FL 32920 _ 0 3 _ .._ 3790 ....__ .. _.. 000700 GREENS Bi COC OA FL_32926 y_._._ _ _. ... 0.31 I ..,_ . MARIAN' LILLIAN H/W j000807 W CENT !CAPE CANAVERAL FL 32920 0 29 MARIAN], LILIAN H/W 8000807 WEST CE !CAPE CANAVERAL FL 3,2920 I _.,. w 0.19? 2003 MARIAN' LILIAN 1000807 W CENT ICAPE CANAVERAL FL 32920 0.19:, 000807 W CEN f ICAPE CANAVERAL FL 32920 001.980 N ATLAN COCOA BCH FL 32931 0.53' _w..._ ....._..._._.._____...., ..... ___...._0019530 N ATLAN__.,.__... COCOA BCH FL 32931 0.27 .._, ... __...... _.._...... _ ...._ _.... _ .... _... ._._ 1001980 N ATLAN COCOA BCH FL 32931 ...... _ 0.27' _. _............. ..�. X001980 N ATLANyCOCOA BCH FL 32931 0.491 -�LLLL—�P00326 P O BOX ICAPE CANAVERAL FL. 32920 0,04! _ ... „ _ 001980 N ATLAN,!COCOA. BCH 32,931 77! mFL _._.... 001980 N ATLAN COCOA BCH FL "12931 _. ___._._..._ I ..,.,_� _O? 0.5.7 ,.__ 001930 N ATLAN, COCOA BCH FL 32,931 1001980 N ATLAN (COCOA BCH FL 32931 0.57 Page 137 Meeting Type: Regular Meeting Date: 01-20-98 AGENDA Heading Discussion Item 8 No. responsibility once the road is rebuilt and deeded to the city. ' AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL 1:1 Wi 1 1a MORI0 R1315 DEPUDIVISION: LEGISLATIVE Requested Action: That the City Council authorize staff to work on a settlement agreement for the reconstruction of Commerce Street. Summary Explanation & Background: I spoke with Mr. Kuczek, the post office property owner. He stated to me that the $40,000 he is offering could be used towards the total cost of rebuilding this road. He is very much in favor of the city taking maintenance responsibility once the road is rebuilt and deeded to the city. ' Mr. Shuford is offering $10,000. I spoke with Art Berger today, and he said the road could be reconstructed for around $50,000. He is still working on the details and should have them available for the meeting. If council concurs with Mr. Berger's proposal, staff will draw up a settlement agreement. Exhibits Attached: Shuford's letter of 01-07-98• Kuczek's letter of 12-15-97' ma City r Office Department LEGISLATIVE :fad uUmeeting/198/0 ence.doc Shuford Development, Inc. Post Office Box 2228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 January 7, 1998 Mr. Bennett Boucher, Citv Manager City of Cape Canaveral 105 Polk Avenue, P,C), Box 326 Cape Canaveral, Fl. 32920-0326 Phone: 407.868.1230 Fax: 407.7993 170 re: Section of Commerce Street between A I A and Central Boulevard owned by Cevesco, Inc. Per our conversation todav, I am hereby notifying you that Cevesco. Inc. wishes to deed the above referenced property to the City of Cape Canaveral. I have asked George Firkins to coordinate with John Starling to provide you with a legal description of the property and to prepare a quitclaim deed. George will deliver these documents to you. Cevesco. Inc. will pay S 10,000 toward the improvements to the property necessary to bring it up to City standards, Cevesco will pay this amount according to the terms of whatever agreement is finally worked out to bring the road up to standard. It is my understanding that you expect to establish the term' of the a2reement in the next few weeks. I look forward to working with you on this matter. I can be most easily reached at 704,328.2141 ext. 8500 or e-mail at hshuford@shurtape.com, Sincerely, C. Hunt Shuford, Jr. President, Shuford Development, Inc. and Cevesco, Inc. cc: A. Alex Shuford, 11 THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 December 15,1997 Mr. Bennett C. Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral FL 32920-0326 Re: Commerce Street Dear Mr. Boucher, Florida Office 4693 South Atlantic Avenue Ponce Inlet, Florida 32127 Phone No. 904756-2116 Fax No. 904767-6651 Pursuant to your request I am writing this letter relevant to our conversation last week regarding Commerce Street. I have been in touch with my tenant The U.S.Postal service with regards to Commerce Street pertaining to all of the correspondence that has taken place. My position with the Postal Service all along has been the same. The Postal Service only leases from me the Post Office and the parking areas. The Postal Service originally set up the option for the property for which the building was to be Iocated, and in their agreement with the land purchase there should have been an easement drawn up with regards to Commerce Street and the subsequent maintenance of the street. There never was, and the Postal Service felt obligated to be involved in any possible solution. T have h, -en raven author; , by the postal se: �-icc to offs: a S40,000:00 not to cxxeed contribution relevant to your considered options no. 2 per your letter of September 22,1997. As per your most recent letter to me it is my understanding that the other property owners are not agreeable to any solution that would cost them any money. As you may be aware the Federal Government works in somewhat of a restrictive way given proper bid solicitation procedures. If a settlement agreement with the other land owners is not in the foreseeable future the Postal Service may elect to withdraw their offer and repair only the portion of the road that affects their operation. Please inform the City Counsel of the situation as it relates to the Post Office. Bill Kuczek " 4*4(--01� 00321 ?dl-iljj0 11 0 -o 6 ��d o- .n �6���I s! te►t r7d ♦3d O •p C om `ro d0 J� d id O 0 .Iola J PI •o N t8[ 87 cal NOM J/1 tl►t rid Nowim 001 Nov ,8/c -.0 Oft NOM 1/1 � O A4 t� tl►t 97i NNOWI L` OQ[I iYOer .F/C s 4 00n NOM .8/r w �. V Vo N .(w, .8/C • �� I •� tl,t S7d NOOK= �Al `p0 O can Nan a/c 09 -IFe 3 `sir rl►t 57d Ny0M 130 .i1..d fOOp 4�7- 1y9/ 76,00" 1%.-. •oB ti►t rw 0060"ala ood NOM .Y/C too 008 19 'Sd31Y .9! Sf M .,69.09.FZ N = .L2'6i „00.00.06 = .00'SZ = 0 ?0 3 „Sf,£S.9F N = O�p^7 rB�182.1F p�4 .p .Li'6F „21.00.06 = oda .00•se = . 4� 0c; 'Sd3lY .SF'S£ M „S1.8f.L0 S .LZ'6i .8F•s11 „Bd.Bz.cF .00.012 = S 'Sr3m .9£'S£ M „12,60.99 S = C .LZ'6£' = „00,00.06 = ��d �/c .n �6���I O te►t r7d ♦3d xsm Trow Yd •p C tl►t rid Nowim 001 Nov ,8/c -.0 Oft NOM 1/1 � O A4 t� tl►t 97i NNOWI L` OQ[I iYOer .F/C s 4 00n NOM .8/r w �. V Vo N .(w, .8/C • �� I •� tl,t S7d NOOK= �Al `p0 O can Nan a/c 09 -IFe 3 `sir rl►t 57d Ny0M 130 .i1..d fOOp 4�7- 1y9/ 76,00" 1%.-. •oB ti►t rw 0060"ala ood NOM .Y/C too 008 19 'Sd31Y .9! Sf M .,69.09.FZ N = .L2'6i „00.00.06 = .00'SZ = 0 ?0 3 „Sf,£S.9F N = O�p^7 rB�182.1F p�4 .p .Li'6F „21.00.06 = oda .00•se = . 4� 0c; 'Sd3lY .SF'S£ M „S1.8f.L0 S .LZ'6i .8F•s11 „Bd.Bz.cF .00.012 = S 'Sr3m .9£'S£ M „12,60.99 S = C .LZ'6£' = „00,00.06 = Meeting Type: Regular Meeting Date: 01-06-98 Requested Action: AGENDA Heading Discussion 3 No. AGEND�A REPORT f -W k'�;t4ilt�k �Ntflj: 7 110,r IL That the City Council authorize staff to coordinate with Shuford Development the dedication of this roadway to the city and prepare a special assessment for its reconstruction. N Summary Explanation & Background: A background memo was issued to the City Council on 12-26-97 explaining this issue. Being that the largest property owner, Mr. Kuczek, has committed to pay his share of the cost and the other two property owners have declined to, do anything, the city should proceed as outlined above. Exhibits Attached: Memo dated 12-26-97 City Mjipg ®r Office M. 1. Y" C1 W.11 V 10 1 0 1 Y• AY TelePhOuc: (407) 868-12-0 E -Mail- capech@majj.5L-ue, f Web Page: httpn- stateAus/cape/ DATE: 3 A7,f- TBE: TO: CONVANY. 71:�Ifl L13 ATIN. FAX NO: NNE. OF P.A.G,r'-S (INCLUDING COVER PAGE): T=: FAX NO: (407) 799-3170 MvLA.M: 7 's A-w5.",'cc S& — � , RIMAI ,),e us. of, B-7tt> 501-1 1 �-.r Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 .. __—___._. .... ..r .. ._.-...............�..•u�_.._......,..r�..s�:`�t_.�.....:}�+SUi)2'7.�=%t:4�civ�?:.NJ=�'Y,�.Sil.r..!i:.Y.e:_'�i.lt_J :f4'�:Lti�..'.�Si.�.:L:`: THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization December 15,1997 Mr. Bennett C. Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral FL 32920-0326 Re: Commerce Street Dear Mr. Boucher, Florida Office + 4693 South Atlantic Avenue Ponce Inlet, Florida 32127 Phone No. 904756-2116 Fax No. 904767-6651 Pursuant to your request I am writing this letter relevant to our conversation last week regarding Commerce Street. I have been in touch with my tenant The U.S.Postal service with regards to Commerce Street pertaining to all of the correspondence that has taken place. My position with the Postal Service all along has been the same. The Postal Service only leases from me the Post Office and the parking areas. The Postal Service originally set up the option for the property for which the building was to be located, and in their agreement with the land purchase there should have been an easement drawn up with regards to Commerce Street and the subsequent maintenance of the street. There never was, and the Postal Service felt obligated to be involved in any possible solution. I have been given xnthar:t•,; by the post4l semice to Offer a $40,000.00 not to exceed contribution relevant to your considered options no. 2 per your letter of September 22,1997. As per your most recent letter to me it is my understanding that the other property owners are not agreeable to any solution that would cost them any money. As you may be aware the Federal Government works in somewhat of a restrictive way given proper bid solicitation procedures. If a settlement agreement with the other land owners is not in the foreseeable future the Postal Service may elect to withdraw their offer and repair only the portion of the road that affects their operation. Please inform the City Counsel of the situation as it relates to the Post Office. Bill Kuczek 400�-� 4*4('10(� 03/20/1997 13:42 40786610108 circ . 19 '96 15-02 Mao AEDILE CONTRACTORS 9 City of Cane Canaveral r milt OF UM CAAMWW NOTICE OF ORDINANCE/CODE VIOLATION CORRECTWE ACTION TAKEN TMM FOR COWLIANCE sHUFORD DEVELOPMBNT CO. is DEC 96 211 CAROLINE ST, CAFE CANAvERAL, FL 32920 PAGE 04 r11 I I Azoording to our records you are Ole owners of the following descril>ed roadway: Section 15, Township 24 South, Flnge 37 East, plat Book 782, Page 143, (Corrunerce Drive), Brevard County, Florida, 'rhe roadway is in violation of the Cjjty of Cape CamveraJ Code of Ordinances,, Chaptcr 34 Envirorinvent, Section 34-97 Re" (3), in that Commerce Drive has numerous pot holes throughout the pieot running from SR Al A to west Central Blvd. 1. Repair the roadway, fill all pot holes, or if =T&Dtive action is taken within 15 days receipt of this notice then no ftuther action will be taken. if corrective action is not taken within 15 days ipt of this notice, then this :,me will be heard by the Code Enforcement Board at their ncxt 8chcduled meeting. The City has rectivcd numerous phone complaints and several in person complaints. in refcrmce to the condition of the roadway. if you have any questions concerning, this matter, please contapt the Building DepartnVult at 868-1222. incerely 0e Crteg Mu7o4ins aEnforcement Offil 1016 F00( AVOWA * 0`01" orrict sox 126 r CAPE C&NAvERAIL. PL 32$20-0320 rz-LIEPHONE 14079 O -120'0 FAX 1407 799.3170 CLOSING STATEMENT DATE: 08-24-95 SELLER: Cevesco,inc. BUYER: W111alm J. Kuczek, as Trustee of William J. Kuczek Amended and Restated Revocable Living Trust Agreement dated May 23, 1993 PROPERTY COUNTY: Brevard LEGAL DESCRIPTION: See Legal Description Attached SELLER'S COPY A. B. DUE SELLER CREDIT BUYER BUYER'S COPY A. DUE SELLER B. CREDITBUYER i. SELLING PRICE $221,747.50 a. PURCHASE PRICE 1$221,747.50 2. DOWN PAYMENT s b. DOWN PAYMENT 3. MORTGAGES: Assumed by Buyer: f. c. MORTGAGES: Autemed by Buyer: Purcbm Macey MIS Emocutod by Buyer d. RENTS, pro -rated Pwalse Mm" Mia Executed by Bu 4. RENTS, pro -rated 5. INTEREST, pro -rated e. INTEREST, pro -rated 6. INSURANCE FIr, Unearned Premium f. INSURANCE: FEW Unearned Premium OTHER: Unearne Premium OTHER; Unewrne Premium 7. TAXES: (City & County) $1,721.38:>'•:Count g. _ y) TAXES: (City & $1,721.38 8. MAINTENANCE, pro -rat h. MAINTENANCE, pro -rated 9. i. 10. J_ 11. k. 12, 13. m. TOTALS 14. cwama Im Column "11* $221,747.50 $1,721.38 TOTALS n. Celum "A' im Celma 'B" $221,747.50 $1,721.38 $220,026.12 $220,026.12 BALANCE DUE SELLER $220,026.12 BALANCE DUE SELLER 11$220,026.12 SELLER'S EXPENSES OF SALE CHARGE SELLER BUYERS EXPENSES OF SALE CHARGE BUYER 15. Title Informantion $200.00 0. Title Informantion 16. p . Attorney Fee 17. Title Insurance $1,185.00 q. Florida Doc Stamps, on Mortgage (PM 18. FL Doc Stamps on Deed $1,552.23 r. Recording Deed $10.50 19. s s. Survey Charges $700.00 20. t. Mortgage Transfer Fee 21. u. Termite Inspection 22. v. Recording Trust Agreement (31 Pages $136.50 23. W. 24. x. 25. Y. 26. TOTAL Exmsm To SELLER $2,937.23 z. TOTAL EXPENSES TO BUYER $847.00 SUMMARY: DOWN PAYMENT plus BALANCE DUE SELLER ER $220.026.12 SUB TOTAL $220,026.12 less SET I ER's EXPENSES $2,937.23 NET CASH TO SELLER $217.098.89 ...... ... ....... ........ ...v. ...... ......... ... ........ . SUMMARY: DOWN PAYMENT p I us BALANCE DUE SELLER ER $220,026.12 SUB TOTAL $220,026.12 pi us BUYER's EXPENSES $847.00 < CASH DUF FROM 81 TYER $220,873.12 . 0 Taxes & Insurance pro -rated as of 8-24-95, taxes based upon 1994 in the amount of $2662-30 SELLER: Cove: By: Title: "Received a true copy of above, check for Net Cash to Seller, and hereby approve above and certify it correct." BUYER: William J. Kuczek, as Trustee of William J. Kuczek Amended and Restated Revocable Living Trust dated March 23, 1993 By: William J. Kuczek as Trustee A f EXHIBIT "A" A portion of Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida more particularly described as follows: Commence at a found PK nail and disk (LB 762) the Southeast corner of said Section 15, with a reference bearing of N00°50'54"W along the East line of said Section 15, thence N89°27'20"W, along the south line of said Section 15, for a distance of 1152.12 feet; thence N00°32'40"E, for a distance of 1579.10 feet to a set 1 inch rebar with disk (Deithorn PLS 2412), the point of beginning on the East right of way of State Road A -1-A, a 100.00 foot right of way; thence N37°21'39"W, along said east right of way, for a distance of 195.00 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412); thence N52°38'09"E, for a distance of 387.90 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) on the Southerly right of way of Central Boulevard, an 80.00 foot right of way as described in Official Records Book 2873 at page 737 of the Public Records of Brevard County, Florida; thence S68°50'39"E, along said southerly right of way, for a distance of 116.74 feet to a set f- inch rebar with disk (Deithorn PLS 2412) being a point of curvature of a curve to the right having a radius of 25.00 feet; thence Southeasterly along the arc of said curve through a central angle of 90°00'00", for a distance of 39.27 feet to a set f- inch rebar with disk (Deithorn PLS 2412) being a point of tangency on the westerly line of Commerce Street, a 60.00 foot undedicated right of way; thence S21°09'21W, along said westerly line, for a distance of 122.54 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) being a point of curvature of a curve to the right having a radius of 150.00 feet; thence southwesterly along said westerly line and the arc of said curve through a central angle of 31°2848" for a distance of 82.42 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) being a point of tangency; thence S52038'09"W, along said westerly line, for a distance of 232.78 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) being a point of curvature of a curve to the right having a radius of 25.00 feet; thence westerly along said westerly line and the arc of said curve through a central angle of 90°00'12", for a distance of 39.27 feet to the point of beginning. This Instrument prepared by and return to: 101 IN M. STARLING, ESQ. 509 Palm Avenue Titusville, FL 32780 (407) 267-1711 Parcel ID # Part of ID # WARRANTY DEED III THIS WARRANTY DEED, made the 24th day Of August , 1995, by Cevesco, Inc., a Delarvare corporation dryly authorized to do business in the State of Florida, whose address is 211 Caroline Street, Cape Canaveral, FL 32920, hereinafter called the grantor, to William J. Kuczek, as Trustee of William J. Kuczek Amended and Restated Revocable Living Trust Agreement dated March 23, 1993, whose address is 5492 Sharp Drive, Howell, MI 48843-7821, hereinafter called the grantee. (Wherever used herein the terms "grantor" and "grantee" include all the payties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) IVITNESSE-, TH That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is Hereby acknowledged hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in the County of Brevard, State of Morida, viz: A portion of Section 15, -Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida more particularly described as follows: Commence at a found PK nail and disk (LR 762) the Southeast corner of said Section 15, with a reference bearing of N00°50'54"W along the East line of said Section 15, thence N89°27'20"W, along the south line of said Section 15, for a distance of 1152.12 feet; thence N00°32'40"E, for a distance of 1579.10 feet to a set 1 inch rebar with disk (Deithorn PLS 2412), the point of beginning on the East right of way of State Road A -]-A, a 100.00 foot right of way; thence N37°21'39"W, along said east right of way, for a distance of 195.00 feet to a set l -inch rebar with disk (Deithorn PLS 2412); thence N52°38'09"E, for a distance of 387.90 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) on the Southerly right of way of Central Boulevard, an 80.00 foot right of way as described in Official Records Rook 2873 at page 737 of the Public Records of Brevard County, Florida; thence S68°50'39"F., along said southerly right of way, for a distance of 116.74 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) being a point of curvature of a carve to the right having a radius of 25.00 feet; thence Southeasterly along the arc of said curve through a central angle of 90000'00", for a distance of 39.27 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) being a point of tangency on the westerly line of Commerce Street, a 60.00 foot undedicared right of way; thence S21°09'21W, along said westerly line, for a distance of 122.54 feet to a set 1 -inch rebge with disk (Deithorn PLS 2412) being a point of curvature of a curve to the righty having a radius of 150.00 feet; thence southwesterly along said westerly line and the arc of said curve through a central angle of 31 °28'48" for a distance of 82.42 feet to a set 1 -inch rebar with disk (Deithorn PIS 2412) being a point of tangency; thence S52°38'09"W, along said westerly line, for a distance of 232.78 feet to a set 1 -inch rebar with disk (Deithorn PLS 2412) being a point of curvature of a curve to the right having a radius of 25.00 feet; thence westerly along said westerly line and the arc of said curve through a central angle of 90°00'12", for a distance of 39.27 feet to the point of beginning. Subject to the following: 1. 1995 Real Estate "faxes i' 2. Force Main Fasement FM -I and Sanitary Sewer Easement E-1 as described in the Fasement dared May 10, 1965 and recorded May 11, 1965 in Official Records [look 782, I'age 143, of the Public Records of Brevard County, Florida. 3. Reservations in favor of 'Trustees of the Internal Improvement Fund, as contained in Deed No. 21484, recorded February 1, 1957 in Deed Book 438, Page 547, of the Public Records of Brevard County, Florida. The property described above is not the homestead of the grantor. Together, with all the tenements, hereditaments and appurtenances thereto belonging or to anywise appertaining. To Have and to Hold the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfrslly seized of said land in fee simple, that the grantor has good right and lawfrtl authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawfrJl claims of allpersons whomsoever, and that said land is free ofall encumbrances IN lY MESS LY17IEREOF-, the said grantor has signed and sealed these presents the day and year first above written. Sig„ed, sedrd and 1mlijorretKKJee Wirness Signature F17hit-rn D. Williams Primed Signauire tness Signarure .lnlia A_ Holland Printed Signature S'CA"1'F OF FLORIDA COUN'CY Ol IIRFVARD CE CD, INC .�\ 11Y. v George H.Thins, Jr. Vice President he foregoing instrument was acknowledged before me this a 7 '` day of k&t1995 by George H. Firkins, Jr., as Vice President of Cevesco, Inc., a Delaware corporati n, who is personally known to me or Inas produced ras identification and did >_ did not take an oa WITNESS my hand and f tial seal at ! A--- Florida, County of Brevard, State of Florida, thisp2 day of , 1995. Notary Public, Printed Name of Acknowledger A43", I,,, ELZBIETA D. WILLOM My COWSMN / CC 1700 EXPIRES 80M*D TM TM Fpm wimm. mc. U D Gordon & Daithorn Land Surveyon, Inc. 219 Fonc+est Avenue, Cocoa, ' Florida 52922 A. Earl Gordon, Jr., P.L.S. (407) 859-8171 • FAX (407) 89A-8177 David A. Delthorn. P.L & February 8, 1990 Mr. George Firkins Shuford Mills, Inc. 211 Caroline Avenue , Cape Canaveral, Florida 32920 RE: Dedication of Central and Tower Boulevard Rights of Way George: At our meeting on January 18, 1990 with Mr. Nichols, the City Manager, we discussed the above referenced rights of way and their present status. ' I'm• sure, you were as surprised as I when Mr. Nichols expressed the fact that the City thought they already had fee title to these rights of way. He seemed anxious to have the City acquire these lands• after we produced the recorded instruments showing that Shuford Mills had'orily dedicated these lands as access and utility easements. -As I indicated to Mr. Nichols, Shuford Mills had already conveyed certain lands to Ford Concepts, Inc. that were encumbered by the Tower Boulevard easement and that -we would re -align the road in this area when dedicated to the City.t However, as I mentioned to Mr. Nichols, the utility easemgnts are still in force and if Ford Concepts or their succepsors wished to have the existing utilities re -located, it would be at their expense and not the City's. In as much as the City plans on constructing these roadways to better serve the wastewater treatment plant, I believe it would be to Shuford Mills best interest to dedicate the lands to the City for several reasons: 1. It would reduce your property taxes by the amount taxed on 8.6 acres. 2. The City would pay for the design and construction of the roadways. 3. Shuford Mills would only be assessed based on -their frontage along the new construction. 4. The improvements will make the remaining ShulWrd Mills lands more attractive to investors. Mr. George -Firkins February 8, 1990 Page 2 5. Will relieve Shuford Mills of any existing maintenance rdsponsibilities for the existing roadways. 6. Opens up the lands behind the Gateway to the Stars which is landlocked at the present. 7. Indicates Shuford mills willingness to cooperate with the City fathers in providing them with the means to improve their facilities at a minimal cost. George, at this time with the growing interest in the lands west of A -1-A, I don't see any negatives in dedicating these lands, unless, of course, Shuford Mills plans on developing this area themselves] and in this case they may come up with a concept plan that would not be compatible with the present alignments. • If I can be of further assistance on this matter, please call at your convenience. Sincerely, G ON ITS RN LAND SURVEYORS, INC.. i David A. Deithorn, P.L.S. Vice President DAD/ng . Lill "UFORD MILLS, Florida Land Properties CE VESCO, IA'C. SHUFORD DEVELOPMEXT C0j11PANY CAA'A VERAL BEACH GARDE,' APARTMENTS, INC. May 4, 1990 Mr. Donald L. Cook, Treasurer Shuford Mills, Inc. P. 0. Drawer 2228 Hickory, No Car 28603 Dear Don: Post Office Drawer 6.83 211 Carolitre Street Cape Caitareral. Florida 32920 407-783-3116 Please find enclosed the two (2) Quit Claim Deeds from Cevesco, Inc. to the City of Cape Canaveral, thoroughly executed by both parties and recorded. In my talk with John Starling, we inserted the language that is color coded where as Cevesco, Inc. will not be responsible for any cost of the road or thereafter any maintenance. This will improve our property with a paved road from the start of the new Club Sierra (formally Diamond Ginny's) property to and around Central Boulevard. They are also going to asphalt Central Blvd., which will make it look real nice, too. Trusting all this meets with your approval. Very truly yours, CEVEX0 , INC. Georg H. Fi7lwns, Jr. Vice-PlesiderAtl GHF,JR: mm enc CC: John Starling, Esq David Deithorn, Gordon & Deithorn Land Surveyors n _-j Retwn %I sell-wide-,4sod stvnped envelope) Rm Jame: Theriac Awnsu: 96 Willard Street Suite 302 -Cocoa, Florida 32922 Tbb ksUmment Prepued by: James S. Theriac Ate: 96 Willard Street Suite 302 Cocoa, Florida 32922 no, CUM 90APR 2'7 AH11:21i A I lWd3 SPACE AWVE THIS UNE FOA PAOUS34110 DATA I SPAM AWVE TKIS LIWE FDA FIEWADIM0 DATA M ibltltaiffl Dftd, Executed this 2 Y 0 day of Rio r I f A. D. 19 9 0 , by CEVESCO, INC., a Florida Corporation first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose posloffice address is Post Office Box 326 Cape Canaveral, Florida 32920 second party: (Wherever used herein the terms "first party" and "%rConct party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, aisd the successors and assigns of cc-poratioru, wherever the context w acirnits or requires.) bitnessethp Thai file said first party, for and in cons4deration of file sum of S 10. 00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all the right, tine, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Brevard State of Florida , to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpora- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to install, pave and maintain a public road known as Tower Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such installation, paving and maintenance. To Eave and to Rold the some together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all lite estate, rifthl, title, interest, lien, equity and claim what- soever of the said first party, cilher in law or equity, to the only proper use, benefit and behoof of The second party forever. preAo (I Y, " In WItReSS bhfrt0f, The said first party has s aired and sealed these preAo 'y e ""'1" 0""' sea" first above written, CEV - "CO,INC., a Flor Signed, sealed and delivered in presence of: C4 r(:;Z ga ­4111MMW 4, By .. .... Attest .............. ........ 1!11... STATE OF FLORIDA, COUNTY OF I HEREBY CERTIFY that on this day, before me, an � . ",,; " I r officer duly authorized in the State aforesaid and in tht County afortsaid to take acknowIrdgmCnL&4 d GeOrIC k1. firgjr. J , to nae known to be the person StIcscribcd in and who executed (111' forreoing instrtinirnt and t It before me that they executed the same, on behalf of said Corporatlicmv:-* 4i--_ - -) . r. r 10 , WITNESS my hand and official seal in the County an(I State last aforesaid this 14P r -j- A. 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Rslurn'ja: (enclose self-addressed stamped envelope) am James 5'. Theriac AI*su: 96 Willard Street 8 2 f Suite 302 Cocoa, Florida 32922 This Instrument Prepared by: James S. Theriac 1. aw,ts,: 96 Willard Street t Suite 302 Cocoa, Florida 32922 3 6 6 90 APP, 27 AtI I l: 24 - SPACE ABOVE THIS UNE FOR PROCESSING DATA M Quit -Maim Deed, Executed this ;Iql" day of CEVESCO, INC., a Florida Corporation .Po'. / A. D. 1990 , by first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose postof lice address is Post Office BOX 326 Cape Canaveral, Florida 32920 second party: (Wherever used herein the terms "fine party" and "second party" shall include singular and plural, heirs, legal so admits or requires.) representatives, and assigns of individuals, and the suueasors and assigns of corporations, wherever the context bitnesseth, That file said first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all lite right, title, interest, claim and demand which the said first party has in and to lite following described lot, piece or parcel of land, situate, lying and being in lite County of Brevard State of Florida , to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpora- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, aft its expense, to maintain a public road known as Central Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such maintenance. To Rave and to Mold the same together with all and singular the appurtenances (hereunto belonging or in anywise appertaining, and all the estate, righl, title, interest, lien, equity and claim what- soever of Ilse said first parte•, either in las, or equity, to the only proper use, benefit and behoof of the said second party forever. �n fitness whereof The said lest �1 . f party ned rtnd sealed these prca►its=)ltce'.'diiy:nn�yen�..... �, • ,_ ' first above written. V SCO , INC. , a h`1. Signed, sealed and delivered in presence of: ;�:�.•oi?oratiQi�: --........ ..../� ............ N. .......................... By �-• a..............ti�.AS-,...................At.-.-...test:.................................................................................... p STATE OF FLORIDA, ''��%' - A4 aaa• ` " COUNTY OF } 1 HEREBY CERTIFY that on this day, before me, an offirrr duly authorized in the State aforesaid and in the County af"rrsaid to take acknowirdt men �V%111rrrT.TP1%-a'pprired George N• F. rKi �s Tr• 1: - ►' .... to me known to be the persons described in and who executed thr foregoing instrument andk(tb�V��dged. ,►when:"�j'...•... V,•1:r...�+' before me that they executed the same. on behalf of said CorporatY WITNESS my hand and official seal in the County a State last aforesaid this �p/'1 l ibTP1%Ig9,De.of Flnrlt)tt Tt l.ime - n '•.'. ..a.�• . e-•- ' Notnry F4 •..t�:r: , •;, 10192. a;•- t�ty Cnminis:ion I:'<rtir •: j n, X/t................................::..s....T..;,�:�►:.i,.►.;et�%: Bondr:d Wfu A.Y-Alt'; Ilul ": ''y, N TARP PUBLIC r State" of �Iorida I;i Iircrl; s ___ C7evard Co., rigida . SPACE ABOVE THIS LINE FOR RECORDING DATA — CEVESCO, INC., a Florida Corporation .Po'. / A. D. 1990 , by first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose postof lice address is Post Office BOX 326 Cape Canaveral, Florida 32920 second party: (Wherever used herein the terms "fine party" and "second party" shall include singular and plural, heirs, legal so admits or requires.) representatives, and assigns of individuals, and the suueasors and assigns of corporations, wherever the context bitnesseth, That file said first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re- lease and quit -claim unto the said second party forever, all lite right, title, interest, claim and demand which the said first party has in and to lite following described lot, piece or parcel of land, situate, lying and being in lite County of Brevard State of Florida , to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpora- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, aft its expense, to maintain a public road known as Central Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such maintenance. To Rave and to Mold the same together with all and singular the appurtenances (hereunto belonging or in anywise appertaining, and all the estate, righl, title, interest, lien, equity and claim what- soever of Ilse said first parte•, either in las, or equity, to the only proper use, benefit and behoof of the said second party forever. �n fitness whereof The said lest �1 . f party ned rtnd sealed these prca►its=)ltce'.'diiy:nn�yen�..... �, • ,_ ' first above written. V SCO , INC. , a h`1. Signed, sealed and delivered in presence of: ;�:�.•oi?oratiQi�: --........ ..../� ............ N. .......................... By �-• a..............ti�.AS-,...................At.-.-...test:.................................................................................... p STATE OF FLORIDA, ''��%' - A4 aaa• ` " COUNTY OF } 1 HEREBY CERTIFY that on this day, before me, an offirrr duly authorized in the State aforesaid and in the County af"rrsaid to take acknowirdt men �V%111rrrT.TP1%-a'pprired George N• F. rKi �s Tr• 1: - ►' .... to me known to be the persons described in and who executed thr foregoing instrument andk(tb�V��dged. ,►when:"�j'...•... 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A. Lindary Holland (1921-1989) John M. Starling Dwight W. Sevrm Richard E. Stadlrr Kenneth Friedland Mr. Edward Spenick city Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mr. Spenick: 509 Palm Ave., P. 0. Dox 669 Titusville, Florida 32781-0669 November 15, 1990 Til.: (407) 267-1711 (407) 6.12.2129 Fax.: (407) 632.2192 our firm repzesents CEVFSCD, INC. ("Cevesoo"), one of the earliest and premier developers in the City of Cape Canaveral. Earlier this year, Cavesco vice -President George H. Firkins, Jr. entered into negotiations with the City in which the City agreed to pave a road from the Club Sierra west to Central Boulevard and to &%tolt Central Boulevard in exdmnge for lands for the rights-of-way. The City desired to construct the roadways to better serve its waste water treatment plant. Although there was no specific limit on the time in which the roadways would be constructed, a significant period of time has now elapsed since the agreen ent. Would you kindly advise me as to the City's current timetable for the roadway construction? JM/skl very truly yours,i , ��H. Stan COPY SENT TO: DATE: PRINTED ON RECYCLED PAPER — SMD cc: Mr. George H. Firkins, Jr.t' Enclosures Dear George: Cape Canaveral 105 POI -K AVENUE 0 P-0 BOX 326 APE CANAVERAL., r LOR DA 32920 TELEPHONE 407/783 lioo FAX 407/799.3170 The City Manager advises that, thanks to you, we've saved $2,500 for a new survey and topo. I just wanted you to know that we sincerely appreciate your continued interest in the City and to thank you personally for all your efforts. Rest assured they do not go unnoticed. ,Sincerely, Mr. George H. Firkins 362 Coral Drive Cape Canaveral, FL 32920 PRINTED ON RECYCLED PAPER Law O ives of* Holland, Starling, Severs, Stadler fit Friedland, P.A. 509 Patin Ave.. P.O. Box 669 Titusville, Florida 32781-0669 - Lindsay Holland (1921-1989) t oral : (-10 7) 267-1111 John M. Starling Countywide: 11071632-2129 Dwight W. Severs Richard E. Stadler Far: 111171 632-2192 Kenneth Friedland John M. Harris February 19, 1993 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mr. Boucher: Our firm represents Cevesco, Inc. ("Cevesco"), a subsidiary of Shuford -Mills, Inc., with respect to their property located in the City of Cape Canaveral. On April 19, 1990, the City Manager wrote Cevesco stating that upon Cevesco conveying 8.6 acres of land to the City that the City would pave Tower Boulevard and Central Boulevard. The deeds were recorded by the City on April 27, 1990. To date, there has been no effort to pave the two roads. I wrote the City on November 15, 1990, and again on June 17, 1992, but the City has failed to respond. Mr. George H. Firkins, Jr., Vice President of Cevesco, tells me he has sales pending on three lots on the river which are being delayed by the failure to pave the Wo road's. To assist you in understanding this matter, I am enclosing copies of all relevant letters and deeds. If this matter cannot be handled administratively by you as City Manager, I would appreciate it if you would place us on the agenda for a future meeting of the City Council. Very truly yours, h,. . ohn M. St rli JMS/smb cc: Mr. George H. Firkins, Jr.v Enclosures 0 Page 1 of Z Date: :3123' ?:. )99: S"hjeCt. Public finds to repair and M-lintain Private ro�ids John H. McCormick Hamilton County Attorney QUESTION: May the county commission expend public funds to repair and maintain private roads upon which county school buses are authorized'to travel pursuant to agreements with the landowner/parents of children attending school? SM46 RY: The county may not expend county funds to repair and maintain private roads, regardless of an agreement allowing school buses to travel upon the road to transport the children of the landowner/parent. You state that the Hamilton County school Board allows its school buses to travel over private roads on private property pursuant to agreements with the landowners who are parents of children attending school. The sole purpose of traveling over the private property is to transport the children of the private landowner to and from school. Other public vehicles or members of the general public are not allowed, by virtue of the agreement, to travel over the private roads. The school board and the county have entered into an interlocal agreement whereby the county is obliged to make repairs to and maintain the private roads used by the school buses. It is a basic tenet that the expenditure of public funds must be primarily for a Public purpose. (Footnote 1) Thus, the expenditure of county funds must meet a county purpose, rather than a private purpose. (Footnote 2) The courts of this state and this office have concluded that public funds may only be spent for the construction, maintenance or repair of public roads. (Footnote 3) In AGO 79-14, this office concluded that a municipality could not lawfully spend, public funds to repair or maintain privately owned roads. Likewise, in AGO 85-101, it was concluded that public money could not be used to maintain and operate a private bridge. In order for a county or other governmental unit to use public funds for the construction, maintenance or repair of a road, the road must be a public road. A public road is one open to and set 'apart for the public, as contrasted to a private road which by its nature is not available to the public and upon which the public has no right to travel. (Footnote 4) This office, in AGO 85-90, considered whether special assessments could be levied by a county for making road and drainage uaprovemen s in a subdivision in which access to all or portions of the lots was by roads or easements not owned by or dedicated to the public or to the county. It was determined that the improvements would only benefit the private landowners, since the roads and easements were not dedicated to or owned by the public or the county. Considering that s. 1, Art. VII, State Const., limits the imposition of taxes and the spending of tax revenues to public purposes, it was concluded that such i i76e06b437e82852562a7005aedc5?OpenDocument... Page 2 of 2 expenditures would not, therefore, be authorized. (Footnote 5) Similarly, in this case it would appear that the contract to maintain the private driveways would be of primary benefit to the private individuals. The existence of a contract to provide road maintenance and repair to roads used by the county school system would not operate to allow maintenance and repair on otherwise private roads. While the nature of a road as private or public is ultimately a mixed question of fact and law which must be resolved by a court of competent jurisdiction, (Footnote 7) it does not appear that the agreements between the landowners and the school board allow the public to freely travel on the subject driveways, nor are the roadways or easements dedicated or deeded to the county, such that the roadways would be public. (Footnote 8) I mast conclude, therefore, that private driveways upon which the public does not have a right to travel are not public roadways or ease;pents which may be maintained or repaired by the county with the expenditure of county funds. Footnote 1: **See//, B. 1, Art. VII, State Const., which by implication limits the imposition of taxes and the expenditure of tax revenue to public purposes. Footnote 2: **See//, AGO 783-222 And Collins v. Jackson County, 156 So.2d 24 (1 D.C.A. Fla., 1963) (county not authorized to expend funds to maintain municipal roads which have not been designated as county roads). Footnote 3: **See//, Padgett v. Bay County, 187 So.2d 410 (1 D.C.A. Fla., 1966); Collins v. Jackson County, **supra//; AGO Is 73-222 and 75-309. Footnote 4: **See//, AGO 78-888 (Where county has formally or informally or by public user accepted an offer of public dedication of subdivision roads which have been designated as public roads on a recorded plat, the county may expend public funds on such roads which are in fact used or to be used as county roads). Footnote 5: **See also//, Atlantic Coast Line R. Co. V. City of Lakeland, 115 So. 699, 676 (Fla. 1927), in which the Court concluded there is no provision in the State Constitution which authorizes a municipality to tax a citizen to make improvements for his own benefit; it must be for a public purpose or it is not a legitimate exercise of the taxing power; and Brumby v. City of Clearwater, 149 So.203 (Fla. 1933) (no authority for the expenditure of public money to dredge a canal leading to an individual's place of business). Footnote 6: **See//, Brumby, **supra// at 204, in which the Court found that the municipality did not possess the authority to enter into a contract to provide the dredging services to benefit the private landowner. Footnote 7: **See//, **e.g.//, AGO's 78-63, 75-309 and 74-176. Footnote 8: **Cf.//, AGO 83-84 (when access to and common use of roads on private property is not generally available to the public, but is legally limited by recorded restrictive covenants to those having express or implied Permission form the owner, uniform traffic laws in Ch. 316" F.S., may not be enforced by a municipal police department on such "private" roads). t City of'Cape Canaveral 4 2. As you are aware, Commerce Street, a privately owned road, is in need of reconstruction. Recently, our city engineer completed pavement corings of this roadway to analyze the subgrade in order to prepare a construction cost estimate. The preliminary estimate is approximately $92,818. The city was offered ownership of this roadway by Shuford Development and a contribution of $10,000 to help fund the reconstruction of this roadway. It is the policy of the city not to accept dedication of a roadway unless it is constructed to city specifications. The city may accept the roadway once a final plan for reconstruction is approved by the property owners and the city. There are (3) options to consider: (1) special assessment, (2) a settlement agreement, and (3) the property owners work together to reconstruct the road. Options (1) and (2) are detailed on the attached worksheet. We are requesting a written response on which option you wish to consider by 10-24-97. If you have any questions, please contact me anytime. Sincerely, enuctt C. Bouc City Manager BCB:kmm Encs. (SSA's cost estimate, coring analysis and worksheet) cc: Honorable Mayor and Members of City Council 105 POLK AVENUE * POST OFFICE BOX 326 o CAPE CANAVERAL, FL 32920-0326 TELEPHONE 14071 868-1200 9 FAX 14071 799.3170 p 'EIT? I L4 1 6 9 9 Receipt for Certified Mail No insurance Cxverage Provided Wit" r'nwh Do not use for hiternationaro Mail �See Reverse) SpLcia� Dolivory Fea ResRVP,d Delwcry Fec \ 0 k 0 Zly of'Cape Canaveral September 22, 1997 CERTIFIED MAIL P 377-141-700 Allison Storage Corporation 8570 Commerce Street Cape Canaveral, FL 32920 Gentlemen: As, you are aware, Commerce Street, a privately owned road, is in need of reconstruction. Recently, our city engineer completed pavement corings of this roadway to analyze the subgrade in order to prepare a construction cost estimate.. The preliminary estimate is approximately $92,818. The city was offered ownership of this roadway by Shuford Development and a contribution of $10,000 to help fund the reconstruction of this roadway. It is the policy of the city not to accept dedication of a roadway unless it is constructed to city specifications. The city may accept the roadway once a final plan for reconstruction is approved by the property owners and the city. There are (3) options to consider: (1) special assessment, (2) a settlement agreement, and (3) the property owners work together to reconstruct the road. Options (1) and (2) are detailed on the attached worksheet. We are requesting a written response on which option you wish to consider by 10-24-97. If you have any questions, please contact me anytime. Sincerely, City Manager 13CB:kmm Encs. (SSA's cost estimate, coring analysis and worksheet) cc: Honorable Mayor and Members of City Council 105 POLK AVENUE o POST OFFME BOX 326 9 CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX (4071 799-3170 Receipt for Certified Mail No InSU,rarwe Coverage Provided Do riot uiso for internatonal Mail (See Reverse) -0 c"a & C.. Graot and NO R 0, SML! a ;7) Ruturk R(VdI.Ii,show� ra Wh�om, & DWO ��, V R1,11.11 -511 T tqu, tllte, anf� lqi�j u4o, 4d dm, s Fees 'r CO Postmark 9, E U. '*ty of Cape Canaveral CITY OF CAPE CANAVERAL MUMM I'IFIED MAIL P 377-141-698 Mr. Arthur W. Berger, Jr. 627 Adams, Avenue Cape Canaveral, FL 32920 Dear Mr. Berger: As you are aware, Commerce Street, a privately owned road, is in need of reconstruction. Recently, our city engineer completed pavement corings of this roadway to analyze the subgrade in order to prepare a construction cost estimate. The preliminary estimate is approximately $92,818. The city was offered ownership of this roadway by Shuford Development and a contribution of $10,000 to help fund the reconstruction of this roadway. It is the poky of the city not to accept dedication of a roadway unless it is constructed to city specifications. The city may accept the roadway once a final plan for reconstruction is, approved by the property owners and the city. There are (3) options to consider: (1) special assessment, (2) a settlement agreement, and (3) the property owners work together to reconstruct the road. Options (1) and (2) are detailed on the attached worksheet. We are requesting a written response on which option you wish to consider by 10-24-97. If you have any questions, please contact me anytime. Sincerely, City Manager BCB:kmm Encs. (SSA's cost estimate, coring analysis and worksheet) cc: Honorable Mayor and Members of City Council 106 POLK AVENUE 0 POST OFFICE BOX 326 * CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 * FAX 14071 799-3170 Receipt foie Certified Mail No InSUrance Coverage Providod Do not use for Intconatim4 M:ail (See Reverse) �jtwe a(ld ZW COdO coffiflod Foe, special Del�,M-"y FLe I'lostrimd Dehvury Fu,, 2- ' 2 0 L�J"m:�,.wIM. A ;/ . -7- 0 A�qum Rece.pl �;hnqvm� & 7 q Rnsuo VMAI�', YOlstue C; & For"s (._) "A 0 Postma E ¢fir b601X CO E 0 U- CL 2- ' 2 0 L�J"m:�,.wIM. A ;/ . -7- 0 C HC %7uCtl16T.r4avmv.anu uramage imprvvemenss Preliminary Construction Cost Estimate 1N ` ;+ �` �r ; , UNITS ! .QUANTITY tIJNtT COST TOTAL - ,1.: -:+�:; - '!'•' li '- ..C�. fir- _ s`i .c a�•^ 'sr, ,::':{r -` \ '.i.' eio $2,000'00:' menf. and ease SY 1500.0 $5:OOt !`'.7;500 00 . and LF , 00• rb Gutter 1100.0$4 00 $4,400 1350.0 $4.00 , $5,400 00 - gk. :800 - $5 x:.$5.00 000 00 ` • -, F :LS 500.00 $500 00 r ,p ialhc Cohd SY 1,500.0 $3.50 $5,250.00 asLBR 100 i SY 1500.0 $7.00 $10,50000 377,348.00 S de�LBR 40 SY 16$0.0 `$2.75 $4,620.00.;'.` Sy1680.0 ,' $4.00 $6,720 00 7f -LF. 1100.0. ' $7:00 : $7,70000 `' oghouse) ``: EA 1:0 V.$3,000.00 ! $3;000:00 ` cleanouts) LF 1.100.0 ,. $10.Q0 $11,000 00 ;Sodding _ :8Y 250.0 $2.75 $688 00 Payemeht MarklK&_'(4" Thermoplastic) : LF 100 $0.35 Pavement Markings:(24" Thermoplastic) LF 30 $2.00 ' Signage (Rd ocaUonj !.A 4� ` Sidewalk (5'wiride, 4" thick) = SY 225.0 Subtotal: 377,348.00 ''20% Contingency ;15 470 00 x ' TOTAL $92,818.00 - - Costdoes not lndude - - > 'matrrtenBnCe'oi.tnitflG^"I p, I+ uii(fly coordination (FPL,Soulhem Bell TWC etc.).andlor ielocation'(to water, reuse; sanitary sewer) y rertioval of unsuitable materials �` - s eonshueHors�kebut� , �'t eonslrue$on adintnistratlon j` lit of way acquisiftan kfiftej,t s`=_ ": STOTI'LER• :'STAGG' _ W :ASSOCIATES. ARCHITECTS *'ENGINEERS • PLANNERS, :. INC.,' , 8680 t Atlantic Avenue .. P.O. gait 1630 Cape Canaveral Flo" 32920-1630 ; .407_ 783 1320. Fax 407 783 7065 Respectful submitted, . ,iter C. Swarr, P.E. #44159 cc: (2) Client Vice President (1) File 9-08-97 (1) Acct BACoMMerce.YAV As a mutual protection to our clients, the public and ourselves, all reports are submitted as confidential property of the clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved subject to our written approval. . . ATLANTIC TEStING d POST OFFICE BOX 360916 LABORATORIES, I NC. y MELSOURNE.FLORIOA32936-0816 (407) 259-4141 Testing, Sotfs and FoundaUcn Engineers FA's Reported to: Stottler-Starmer & Associates Date Reported: 9-08-97 8680 N. Atlantic Avenue Report No 1(9-118) Cape Canaveral, Florida 32920 Project No: 97-3134-A-1 Sampled by: BS . Report of. Profile of Pavernent & Subsurface Sampled from: Job Site Date Sampled: 9-05-97 Project: Commerce Street Cape Canaveral, Florida Sample Location Profile 1 50' Fast of AlA-Centerline 1' Type it Asphaltic Concrete (Asphalt) 4' Soil Cement Base 5' to 1.5' Light Brown Sand, trace of shell 1.5' to 2.0' Light Gray Sand, trace of shell 2.0' Waterline 2 196' East of AlA Right Side 1' Asphalt 5" Soil Cement Base 6' to 1.0' Light Brown Sand, trace of clay & shell 1.0' to 2.0' Light Brown Sand, trace of shell 2.0' to 2.5' Olive Gray Sand with little silt 2.0' to 5.0' Olive Gray Sandy Silt Ground Water Table = 3.8' 3 342' East of Al A -Left Side 11/4' Asphalt 41/2" Soil Cement Base 6" to 1.0' Light Brown Sand, trace of shell 1.0' to 2.5' Dark Olive Gray Sandy Sift 2.5' to 3.0' Dark Olive Gray Sandy Sift, trace of shell 3.0' to 5.0' Dark Olive Gray Fine Silty Sand, trace of fine shell fragments Ground Water Table = 3.2' 4 488' East of Al A -Centerline 11/4' Asphalt 53/4° Soil Cement Base 7' to 2.0' Light Brown Sand with trace of shell 2.0' to 3.0' Light Brown Sand & Silt (layered) 3.0' to 4.0' Dark Olive Gray Sift 4.0' to 5.0' Dark Olive Gray Sift with fine shell fragments Ground Water Table = 4.0' Respectful submitted, . ,iter C. Swarr, P.E. #44159 cc: (2) Client Vice President (1) File 9-08-97 (1) Acct BACoMMerce.YAV As a mutual protection to our clients, the public and ourselves, all reports are submitted as confidential property of the clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved subject to our written approval. SPECIAL ASSESSMENT - OPTION NO.1 Estimated Construction Cost $92,818 Estimated Administrative Costs (legal fees, advertising, prep. rolls) $ 5,000 Estimated Costs $97,818 Less Contribution from Shuford Development (10,000) TOTAL ESTIMATED COST PARCEL # FRONTAGE % OF FRONTAGE PRINCIPAL* 757 120' 12% 10,538.16 785 150' 15% 13,172.70 822 237' 24% 21,076.32 824 487 49% 43,030.82 TOTALS 994' 100% 87,818.00** *Annual interest rate per Florida Statute is 8%; Length of payment period to be negotiated with City Council; cannot exceed 20 years. **Costs will be finalized based upon construction bid. Prepared By John Pekar, PE Manpower Estimate - Commerce Street City of Cape Canaveral, Florida 22 -Aug -97 7:e Wa11po1adcVroPo:aAceomerce dyed cape GNOWd Pro ect Engineer Hrs Rate $ 75.00 Design Engineer En inee ng Hrs Rate Hrs $ 75.00 $ Support Rate 55.00 CADD Word Processing Hrs Rate Hrs Rate $ 50.00 $ 37.50 Hrs Total Dollars Design 6 $ 450.00 40 $3,000.00 16 $ 880.00 40 $ 2,000.00 4 $ 150.00 106 $ 6,480.00 Design Meetings 4 $ 300.00 4 $ 300.00 2 $ 110.00 10 $ 710.00 U1111ty Meeting 4 $ 300.00 4 $ 300.00 Bid Documents 5 $ 375.00 2 $ 150.00 7 $ 525.00 Specifications 5 $ 375.00 2 $ 150.00 7 $ 525.00 Cost Estimates 6 $ 450.00 2 $ 150.00 8 $ 600.00 FDOT Permit 8 $ 600.00 4 $ 300.00 4 $ 220.00 16 $ 1,120.00 SJRWMD Permit 8 $ 600.00 4 $ 300.00 4 $ 220.00 16 $ 1,120.00 City Resew 2 $ 150.00 2 $ 150.00 1 1 1 1 1 4 $ 300.00 Construction Management: Pre Bid 8 $ 600.00 8 $ 600.00 Pre Construction 8 $ 600.00 8 $ 600.00 In tions 24 $ 1,320.00 24 $ 1,320.00 Certification 16 $ 1,200.00 16 $ 1,200.00 Survey - Lump Sum Fee includes 8 hours field, 4 hours office and 8 Cadd lotting $ 1,300.00 Subconsultant - Lump Sum Fee for 3 Corings and Report $ 300.00 Printing Costs - Lump Sum $ 100.00 GRAND TOTAL $ 17,100.00 7:e Wa11po1adcVroPo:aAceomerce dyed cape GNOWd �mmmerce �lvd 994 1 $25,000.00 $�0,000.00 r s6 �y �e to o w �J ' 991 in 0 coo Now .0/9 d7 A. lire rid iN -ko VI Jim • vvw nI .0p.0m01 d O like Sid mawl! 0 0011 Noel ,I/c 6 WO aoa Hoer .Q/c ro o lOda el•0 N 1�• _`�` / iol at }dl* �J •�`V 0011 Noel .11/1 7O i 0 / tut rte NeoN11J0 103311 7V1313JO Don Nom .Q/s 'SV3W .9F'Sf M ,•6f.OS.FI N = OMOH; Doe No111 .9/1 ,.00.00.06 = V1734 ti 0 �Q toot Sicw .�d� 'SV3W .9f'19 3 5f.f'9.9f N = OHOH, Oad MM .00'091 = SMOVI .9£'S£ 3 «Si.147.18 S = OHOH. N a •°°y� „L1.00.066r V113( .00'9L = SMON !��' ow�4 sV3W .9F 9F M SIM .to s = ObaH: Lj V► LL'6f = 081 :fjMo 3 A o/s ..86.65.69 = V173C sa N r Nor © � .00.9L = smart 111►t Std N v"If o J6.lNIOd , 0011 Noel .o/c •SV3W .06 -ft 1 M «COX9.9r S = ONOH�, 0 0 OLn .9F'91 ! = 0111 J, @J „8►.9L.1f s Y113C 4'F!�sF,O rue Sid Neownjo .00•olt = smart 89 0011 Nor . RA y� r�gt S 'SV3W .9f'Sf M „1 L.60.99 S = a80H� �4 �,dM �poH��d' �OJ�d� „00.00406 f= V1730 /0O� . pe )yjJ/� Jo .00'9t = Sn1aVb �j MAY -21-1997 13:43 CONSTRUCTION SPECIALISTS 810 352 0335 P.03iO3 L � (4071783-7443 " nngg ' rings IT FAx (407) 7d3-5902 s nc& 10s oix a LANE-• P.O. BOx ]21321. COCOA BEACH. FLORIDA 703-1931 COMMERCE ROAD, GAPE CANAVERAL ENGINEERS ESTIMATED COST TO RE -CONSTRUCT ACCEPTABLE TO CITY The existing road was constructed on stabilized sand without any base rock and Pavement must be completely reconstructed. The majority of existing curb can remain. Length: 57OLF Width of Pavement: 24LF Replace 50LF of standard type °F' curb Remove 30LF of 24" Miami curb Removal of existing asphalt and top 6" of existing soil 570 x 24 x 0.57/27 = 340CY x 1.25 = 425CY 1. Rommai of Existing Asphalt and Snil Excavation: $5.00 x 425 = $ 2,125 Haul $27.00 x 100 = 2,700 2. Stabliized Sub -Baser 30 x 570/9 x $2.00 = 3.800 3. ease Rock 24 x 570/9 x $5.00 = 7,600 4. r T me S -111 -Asphaltic ConcratA 24 x 570/9 x $3.00 = 4,560 5. Removes and Replac anGrQtp 24" Miami curb: 30LF x $20.00 = 600 24" Standard curb: 50LF x $20.00 - 1.000 6. Construction testing a 750 7. Construction staking and as -built -,500 _ Total Estimated Cast - 24,635 15% Contingencies - 3.695 Total Estimated Cost - $28,330 TOTAL P.03 05/21/97 13:39 TX/RX N0.9981 P.003 0 I'4:1Y I b -D-, (1-1: "OPI-I IE APAC-Florlda, Ine. aWc) Maclasplitalt Division E0, Box 411029 TvIelboume, FT, 32941-1029 Office L107/242 0236 m Rix 407/242-8878 City of Cape Canaveral c/o Kay McKee 600 Tower Boulevard, PO. Box 326 Cape Canaveral, Florida 32920,-0326 Re: Improvements of Commerce Road, Cape Canaveral Dear Mm, McKee: It Is out pleasure to present to you our cost estimate for the above referenced project. Optlon 1: Improvements of 2,820 SY of roadway consisting of: Pulverizing and mixing of existing Asphalt pavement and base Shaping, grading and compacting 01 - j /4, Adding new base course with 4" rock ► Prime and Sand 11 Paving With 1 Ya" Type S-1 asphalt P.2 Estimated total for Option 1: $36,660.00 Option 2:1 Improvements of 2,,820 SY of roadway consisting of: Correcting and leveling existing pavement with 2" Type 6-1 asphalt, including cleaning and tacking Paving final course with 1" Type 8.111 asphalt, including tack Estimated total for Option 2: $ 22,753, 0 NOTES FOR OPTIONS 1 & 2: 9) Work to be performed in one (1) r-nobilizaton b) Estimates includes rnaintenance of traffic and construction signs c) Estimates do not include costs for utility adjustments such as riser rings for manholes, etc: d) Please note that Option 2 will not Improve the existing base conditions and cracking will come back eventually Please lot us know if additional information is needed. Very tru y yours, I defy eillardf Estimator JIVI/nas Macasphalt Division BRANCHOFFICES, an Avoullark w Orlando 0 Winter Haven 09 SQVAL OPHDRIUNrN h'%fKJ)YU11 Meeting Type: Regular Meeting Date: 09-16-97 s. AGENDA Heading Dism inion Ita n 13 No. City Manager's Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SSA Report on Commerce Street Core Samples DEPT./DIVISION: Public Works/Streets Requested Action: City Council review and comment on SSA's report. Summary Explanation & Background: Does City Council wish to proceed with the project? Exhibits Attached: SSA Report & Project Cost Estimate City Manager's Office Department d:\cityman\admin\council\meeting\1997\09-16-97\saa fee proposal for commerce ztreet.doc 105 POLK AVENUE, P'. 0. BOX 326 CAPE CANAVERAL, FL 32920-0326 Telephone: (407) 868-1230 E -Mail: capech@jnail.state.fl.us Web Page: http-1/fcn.state.R.us/cape/ DATE: 12 /9- 2 TIME: Z,//"/ TO: CONfPANy. 7 FAX NO: NANM: FAX NO: (407) 799-3170 PJRvLkRKS: �:r,;Wsrl at re el '77J I"lease— x-ml '[I,] Handle E] Approve And.. [--] Forward El Return El Keep or Recycle L1 Review with Me Date: w. 7 - THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 October 16,1997 Mr. Rocky Randels P.O. Boa 308 Cape Canaveral Fl. 32920-0308 Dear Mr. Randels, Florida Office 4693 South Atlantic Avenue Ponce Inlet, Florida 32127 Phone No. 904-756-2116 Fax No. 904-767-6651 You wrote me a letter on the 15th of March 1997 regarding the condition of Commerce Ave. adjacent to the new post office. As you may recall in your writing to me, you asked for my input with the City along with the adjacent property owners for a possible solution to the condition of the road as well as how the road can be dedicated to the city permanently. I have been in several discussions with the City and Shuford development in the past few months as well as the Postal Service Facilities Office. I believe that an agreement is forthcoming and a solution could be at hand. Keep an eye on the City Council agenda in the neat couple of weeks for a more detailed settlement proposal. If you would be so kind to have the meeting minutes sent to me when the topic comes up I would be greatly appreciative. Sorry for the delay in my return letter. Yours truly, William J. Kuczek 111'qY 11:- '971 04:'OPH H�V_YT711`1-11.'ILT HELDOIJIT'HE- ...... ...... APA C -Florida, Ine. allacl Mac,,isphalt D�ivisioii EQ. Box 411029 Melbourne, FL 32941-1029 Office 407/242-0236 a Fax 407/242-8878 M City of Cape Canaveral c/o Kay McKee 600 Tower Boulevard, P.O. Box 320 Cape Canaveral, Florida 32920-0326 Re: Improvements of Commerce Road, Cape Canaveral Dear Mrs, McKee: It Is our pleasure to present to you our cost estimate for the above referenced project. P. Cr Option 1: Improvements of 2,820 SY of roadway cor�sisbnq of: Pulverizing and mixing of existing asphalt pavement and base Shaping, grading andcompacting J� Z/J Adding new base Course with 4" rock Prime and Sand Paving with 1 Ma" Type 8-1 asphalt Estimated total for Option 1: $36,660.00 Option 2: Improvements of 2,820 SY of roadway consisting of: Correcting and leveling existing pavement with 2" Type 6-1 asphalt, including cleaning and tacking Paving final course with V Typo 8-111 asphalt, including tack Estimated total for Option 2: $22,750,00 NOTES FOR OPTIONS, 1 & 2: a) Work to be performed in one (1) mobilization b) Estimates includes rnaintenance of traffic and construction signs c) Estimates do not include costs for utility adjustme,its such as riser rings for manholes, etc; d') Please note that Option 2 will not Improve the existing base conditions and cracking will come back eventually Please lot us know if additional information is needed. Very tru y yours, Jet ail ar Estimator JM/nas Macasphalt Division EQUAL OMR" I UNTrY SMPM)YPA I � I III I BRANCHOFFICES N Avonflark is Orlando x Winterilaven 10101011MEM Meeting Type: Regular `Meeting Date: 05-20-97 AGENDA REPORT; AGENDA Heading Discussion In= 10 Requested Action: That the City Council consider Shuford Development's request to construct the remaining portion of Tower Summary Explanation & Background: Shuford Development has requested that the City comply with the terms outlined in the attached quitclaim deed for the construction of the remaining portion of Tower Blvd. The City Council has the following options: =:>Use reserve funds to design and permit this road segment and to fund its construction. =:>Have staff evaluate the need for this roadway segment and incorporate it into the comprehensive plan and the five year capital budget. =*If this road segment is not needed, offer this property back to Shuford Development, less any utility Exhibits Attached GOI letter dated 02-08-90; Nicholas letter dated 04-19-90; Quitclaim deed -Tower Blvd. city ge Is Office Department STREETS/PUBIJC. WORKS A 1%101%j%14111 Shuford Development Inc, P. C. Box 228 Hickory, North Carolina 28603 Dear Mr. Shuford: ity of Cape Canaveral May 15, 1997, This letter is in response to your inquiry which I received today regarding the status of your original request concerning the dedication of certain roadways and the construction of the cast -west segment of Tower Blvd. I have consulted with the City Council on your original request of May 6, 1997. Mayor Pro Tern Rocky Randels was to have conveyed the City Council's position, and I have been assured that he has done so. Your request for the above actions will, again, be discussed at the May 20,, 1997 City Council meeting and attached you will find my recommendations regarding same. I would encourage your representatives to attend that meeting and, hopefully, a resolution can be reached. Regarding your statement that the City gave the post office an casement onto Commerce Strect, a review of the minutes and tape recording of the September 27, 1995 Plartning & Zoning Board meeting when the board approved the site plan for the post office, confirmed that it was disclosed to the City board that this was a private roadway and the applicant assured the City that he would work out all property egress and ingress requirements with your representative who, at that time, was Mr. George Firkins. It was understood by everyone at that meeting that the burden of egress and ingress was that of the applicant. If you have any further comments or concerns, please call me at any time. My door is always open to help resolve these issues, but the ultimate authority rests with the City Council. I look forward to meeting with you or your representatives next Tuesday. Sincerely, P.. !e Bouch City Manager BCB:kmm Braes. cc: Honorable Mayor and Members of City Council City Attorney Public Works Director 105 FOLK AVENUE * POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326 TELEPHONE 14071 868-1200 * FAX (407) 799-3170 Shuford Development, Inc. Post Office Box 2228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501 Via Fed Ex May 14, 1997 Mr. Bennett Boucher, -City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl. 32920 Dear Mr. Boucher: ? 7vam D15TRIUUT0 Mayor Gly Council csly kl.gl. fuiP}w ,fitly. Pub. �Voiks Dir. off. Fn -once Dit, It has been slightly less than one month since you received my letter dated April 17, 1997. Like the correspondence you have received in the past from our attorney, Mr. John Starling, you have chosen not to respond to it. Mr. Rocky Randals, however, took the time to call me and bring me up to date on the most recent City Council meeting. I would like to reiterate to you what I said to Mr. Randals on two issues: 1. Commerce Street between Central Boulevard and Al A - Cevesco, Inc. and its legal counsel believe that the Post Office has been granted an easement onto Commerce Street by the City of Cape Canaveral, an easement which the City had no legal right to grant. Cevesco, Inc. intends to spend no money improving this road and is in fact demanding that the City accept ownership of the property. If a satisfactory plan to deal with this problem is not agreed to in writing by June 1, 1997, Cevesco, through its legal counsel, will notify the owners of the Post Office of the problem and grant the owners a reasonable time period to find alternative access. I 2. Tower Boulevard - Cevesco, Inc. and its legal counsel believe that the City of Cape Canaveral has failed to live up to its part of an agreement made in 1990, whereby in exchange for a quitclaim deed of 8.6 acres of land to the City, the City would pave Tower and Central Boulevards. If a satisfactory plan to pave these roads cannot be agreed upon in writing by June 1, 1997, Cevesco, through its legal counsel, will begin proceedings to reclaim this property or, alternatively, to require the City of pave the streets. I am aware that you apparently somehow think that you are in the right on this issue; however, that is not the opinion of our counsel and Cevesco intends to act accordingly. CACEVESCONROAD97-3,WPI) Please feel free to call me at any time. The easiest telephone number to reach me is 704.328.2141 ext. 8500. As before, I look forward to your prompt response to my requests. Sincerely, C. Hunt Shuford, Jr. . President Shuford Development, Inc., Shuford Development Company, Cevesco, Inc., and Canaveral Beach Garden Apartments, Inc. cc: Mr. George H. Firkins, Jr., Agent to Cevesco, Inc. - Via Fax Mr. John M. Starling, Severs, Stadler & Harris, P.A. - Via Fax C:\CEVF-SCOkROAD97-3.WPD C1.2 D. Il Gordon & Deithorn Land Surveyors, Inc. 219 Forrest Avenue, Cocoa. Florida 32922 (407) 699-8171 • FAX (407) 639-8177 February 81 1990 Mr. George Firkins Shuford Mills, Inc. 211 Caroline Avenue Cape Canaveral, Florida 32920 A. Earl Gordon. Jr., P.L.S. David A. Deithorn, P.L.S. RE: Dedication of Central and Tower Boulevard Rights of Way George: At our meeting on January 18, 1990 with Mr. Nichols, the City Manager, we discussed the above referenced rights of way and their present status. I'm sure you were as surprised as I when Mr. Nichols expressed the fact that the City thought they already had fee title to these rights of way. He seemed anxious to have the City acquire these lands after we produced the recorded instruments showing that Shuford Mills had only dedicated these lands as access and utility easements. As I indicated to Mr. Nichols, Shuford Mills had already conveyed certain lands to Ford Concepts, Inc. that were encumbered by the Tower Boulevard easement and that we would re -align the road in this area when dedicated to the City. However, as I mentioned to Mr. Nichols, the utility easements are still in force and if Ford Concepts or their successors wished to have the existing utilities re -located, it would be at their expense and not the City's. In as much as the City plans on constructing these roadways to better serve the wastewater treatment plant, I believe it would be to Shuford Mills best interest to dedicate the lands to the City for several reasons: 1. It would reduce your property taxes by the amount taxed on 8.6 acres. 2. The City would pay for the design and construction of the roadways. 3. Shuford Mills would only be assessed based on their frontage along the new construction. 4. The improvements will make the remaining Shuford Mills lands more attractive to investors. Mr. George Firkins February 8, 1990 Page 2 5. Will relieve Shuford Mills of any existing maintenance responsibilities for the existing roadways. 6. Opens up the lands behind the Gateway to the Stars which is landlocked at the present. 7. Indicates Shuford Mills willingness to cooperate with the City fathers in providing them with the means to improve their facilities at a minimal cost. George, at this time with the growing interest in the lands west of A -1-A. I don't see any negatives in dedicating these lands, unless, of course, Shuford Mills plans on developing this area themselves; and in this case they may come up with a concept plan that would not be compatible with the present alignments. If I can be of further assistance on this matter, please call at your convenience. Sincerely, G- ON ITH RN LAND SURVEYORS, INC. David A. Deithorn, P.L.S. Vice President DAD/ng Mr. George Firkens Cevesco,, Inc. P.O. Drawer I'S" Cape Canaveral, FL f iLE G01 -1Y City of Cape Canaveral Qml 105 POLK AVENUE a P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407' 783-1100 Thank you for your prompt reply in having the surveys made of the Tower Boulvard relocation and of 'west Central Avenue. The City Attorney has prepared Quick -Claim Deeds for these roads, and once they are executed we will proceed with the paving project as we have discussed. Your cooperation in this matter is greatly appreciated and will certainly result in improvements which will benefit the City and Cevesco. Sincerely, Leo C. Nicholas City Manager LCN/a b _11.1isw11R ouo RAMCO FORM B Ne1dTn to: 11mciose self-addressed stamped envelope) RI (..James S. Theriac Aderaw 96 Willard Street Suite 302 -Cocoa, Florida 32922 This kutstlmenl Prepared by: James S. Theriac Assist, 96 Willard Street Suite 302 Cocoa, Florida 32922 L7 W TI C:) ' c—n X1 _�j M C-7 O M TOW&F— 800cEVAl2Di ORI ED R VERIFIED � RB AI:I: C,,% f: i 8 836 7 90 nr'R 27 AN It: 24 A� SLI,. u;r s ('.lark Cilcn 4 4twrt 111- u S Brevard Co.. Honda - SPACE ABOVE THIS UIIE FOR PROCESSING DATA 3his 'Quit -Claim Deed, EXCCUled this Phil' day of CEVESCO, INC., a Florida Corporation SPACE ABOVE THIS UNE FOR RECORDING DATA /ap r / f , A. D. 1990 , by first party, to CITY OF CAPE CANAVERAL, a political subdivision of the State of Florida whose postof face address is Post Office Box 326 Cape Canaveral, Florida 32920 second party: (Wherever used hereis the iron "nrst psrly" sod •'mond party • shsll inelode singular sod Floral, W.I. kcal rePraenutives, sad unions of fodividoab, sod the esceeuass sod asrians of corporations, wherever the toaimi to adadts or sequitur) Witnesseth, That the sold first party, for and in consideration of the sum of $ 10.00 in hand paid by the said second party. lite receipt whereof is hereby acknowledged, does hereby remise• re• lease and quitclaim unto the said second party forever, all lite right, title. interest. claim and demand which file said first party has In and to file following described lot• piece or parcel of land, situate, lying and being in the County of Brevard Slate of Florida , to -wit: See Exhibit "A" attached hereto and incorporated herein by this reference. , The purpose of this quit -claim deed is to dedicate to the public the land described in Exhibit "A" for the purpose of a public street. The second party, a municipal corpora- tion organized and existing under the laws of the State of Florida, by recording this deed does hereby accept said dedication. The second party agrees, at its expense, to install; pave and maintain a public road known as Tower Boulevard in the right-of-way described in Exhibit "A". The second party agrees not to make any special assessments against the property of the first party for the cost of such installation, paving and maintenance. To Naue and to Mold Ilse same logalltor wilh all and singular the appurtenances thereunio belonging or in anywise appertaining, and all the estate, right, title, interest, lien• equity and claim what- soever of Ilia said first party, either in law or equity, to the only proper use, benefit and behoof of the.eltfT�%ir second party forever. i In Witness Qlitness 101iereof, The said first party has . ' tied and sealed these Firei�ylis ILN'ayy�tri4>.� first above written. CE V CO, INC., a FlOr • 4t xfvj Signed, sealed and delivered in presence of: 14, IuO,t. .arf,�r., ............... &hest.i----------- ....--------------------------- ................. ..... 01, r•. STATE OF FLORIDA, COUNTY OF I HEREBY CERTIFY that on this day, before mer an l9 7 officer duly authorised in the State aforesaid and in the County aforesaid to lake acknowledgme��ts,•,,pl�ptnrlty7ap Vit%,'• d_1' 6eorTe- H. FirKiet, 71•Aj -AW , ':....: : to me known to be the person Sdcscribed in and who executed the foregoing instrument and tI1•7r; ta�,god before me that they executed the same. on behalf of said COrporatil_ o::�,rellist,•T !.-• •,fir: t, WITNESS my hand and official seat in the County and State last aforesaid this t.(Oyr�• la 'or A q r •' �� ,rr~• �•�,rt l Not-+iryDlrt�l ITc951nla of Florida nt Lart!o I�„„•� • , ':.•��,' 1 .... .«....... ...«... .. . ..«.,«..,.ASj�•rfl..wi....w.« le.,r!nnlfll{::{t/n f.Yr}Ilr'?,•'••�f.:/rl. :IZ a fnarfV t1}f�T Tf. e.l..Lw AN•�Al-ilio I" RXHIBIT A SURVEYOR'S DESCRIPTION: (TOWER BOULEVARD) A,STRIP OF LAND 60.00 FEET IN WIDTH LYING 30.00 FEET ON EACH SIDE OF TETE FOLLOWING DESCRIBED CENTERLINE BEING A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE N 35 46'12" W, FOR A DISTANCE OF 401.26 FEET TO A 1/2 INCH ROD IN THE CENTERLINE OF STATE ROAD 401, A 100.00 FOOT RIGHT OF WAY AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 70080-2202, APPROVED 9-2-59; THENCE N 37 22112" W, AS REFERENCE BEARING ALONG SAID CENTERLINE, FOR A DISTANCE OF 822.44 FEET TO A PK NAIL AND DISK STAMPED GDI LB 4802; THENCE S 52 37148" W, FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 BEING THE POINT OF BEGINNING OF SAID 60.00 FOOT STRIP OF LAND; THENCE CONTINUE S 52 37'48" W, FOR A DISTANCE OF 663.12 FEET TO POINT "A"; THENCE CONTINUE S 52 37'48" W, FOR A DISTANCE OF 91.41 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 24 19'59", FOR A DISTANCE OF 148.64 FEET TO POINT "B"; THENCE CONTINUE WESTERLY, ALONG THE ARC OF SAID CURVE THRU•A CENTRAL ANGLE OF 13 33151", FOR A -DISTANCE OF 82.86 FEET TO A POINT OF TANGENCY; THENCE N 89 28'22" W, FOR A - DISTANCE OF 730.66 FEET TO A POINT OF CURVATURE OF A CURVE'TO THE RIGHT HAVING A RADIUS OF 350.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 27 06'26", FOR A DISTANCE OF 165.59 FEET TO A POINT OF TANGENCY; THENCE N 62 21156" W, FOR A DISTANCE OF 77.99 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 61 31102", FOR A DISTANCE OF 1127.37 FEET TO A POINT OF TANGENCY; THENCE N 00 50'54" W, FOR A DISTANCE OF 323.71 FEET TO THE POINT OF TERMINATION OF SAID 60.00 FOOT STRIP OF LAND. SAID 60.00 FOOT STRIP OF LAND BEING BOUND ON THE EAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401 AND ON THE NORTH BY A LINE PASSING THRU THE POINT OF TERMINATION HAVING BEARING AT N 89 27'20" W. AND ALSO TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE NORTHWEST BY THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED STRIP; ON THE NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND ON THE SOUTH BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET, CONCAVE TO THE SOUTH, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE SOUTHEASTERLY LINE OF SAID 60.00 FOOT STRIP OF LAND. FIRST EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 1410 AT PAGE 96 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE, PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE ABOVE DESCRIBED POINT "A"; THENCE S 52 37'48" W, FOR A DISTANCE OF 60.00 FEET; THENCE S 37 22'12" E, FOR A DISTANCE OF 30.00 FEET; THENCE N 52 37'48" E, FOR A DISTANCE OF 60.00 FEET; THENCE N 37 22'12" W, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SECOND EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 2497 AT PAGE 2391 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE ABOVE DESCRIBED POINT "B"; THENCE S 13 02'13" E, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING BEING A POINT ON THE ARC OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 380.00 FEET, SAID POINT BEARS S 13 02'13" E FROM THE RADIUS POINT OF SAID CURVE; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 00 25153", FOR A DISTANCE OF 2.86 FEET; THENCE N 52 37'48" E, FOR A DISTANCE OF 2.60 FEET; THENCE S 37 22'12" E, FOR A DISTANCE OD 1.19 FEET TO THE POINT OF BEGINNING. THIRD EXCEPTION: LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD BOOK 782 AT PAGE 150 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TETE POINT OF TERMINATION OF THE ABOVE DESCRIBED 60.00 FOOT STRIP OF LAND; THENCE N 89 27'20" W, ALONG THE NORTH LINE OF SAID 60.00 FOOT STRIP OF LAND, FOR A DISTANCE OF 10.18 FEET TO THE POINT OF BEGINNING; THENCE S 31 38'24" E, FOR A DISTANCE OF 4.99 FEET; THENCE S 58 21'36" W, FOR A DISTANCE OF 26.05 FEET; THENCE N 00 50'54" W, FOR A DISTANCE OF 18.10 FEET; THENCE S 89 27'20" E, FOR A DISTANCE OF 19.83 FEET TO THE POINT OF BEGINNING. OFF. REC. PAGE 3057 0448 SETTLEMENT AGREEMENT - OPTION NO.2 Estimated Construction Cost $ 92,818 Less Contribution from Shuford Development (10,000) Less Administrative Cost from Option No. 1 5,000) TOTAL ESTIMATED COST PARCEL # FRONTAGE % OF FRONTAGE PRINCIPAL* 757 120' 12% 9,338.16 785 150' 15% 11,672.70 822 237' 24% 18,676.32 824 487 49% 38,130.82 TOTALS 994' 100% 77,818.00** *Payment of total principal is due from each property owner prior to construction. Settlement agreement will be drafted by the city attorney. **Costs will be finalized based upon construction bid. THE WILLIAM J. KUCZEK TRUST A Real Estate Development Organization Michigan Office 5492 Sharp Drive Howell, Michigan 48843 Phone No. 517-546-2905 Fax No. 517-548-0706 May 21,1997 Mr. Bennette Boucher City Manager P.O. Box 326 Cape Canaveral Fl. 32920-0326 Re: U.S. Post Office Cape Canaveral Fl. Dear Mr. Boucher, Florida Office 4693 South Atlantic Avenue Ponce Inlet, Florida 32127 Phone No. 904-756-2116 Fax No. 904-767-6651 Pursuant to our conversation of yesterday and today, I have been in the process of reviewing all of the documentation collected in reference to the post office and its relationship to Commerce Ave. I will not be making a decision with regards to this matter until I have contacted the real estate representative and the previous land owner as well as my legal counsel for a proper analysis. As I agreed I will make minor repairs to the pavement at the drives to the post office. Further, enclosed with this writing you will find a proposal for the replacement from Allen Engineering that was done in Feb. of 1996 as requested by Shuford Development. I would request further estimates be obtained prior to any assessment agreements should that be the solution to this matter. I look foreward to a conclusion to this matter. Yours truly, 141, - </I .4 7� /. '" V William J. Kuczek President 407) 783-7443 LLEN FAX (4077) 783-59 2 ngineering� Inc• 106 DIXIE LAME - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932.1321 COMMERCE ROAD, CAPE CANAVERAL ENGINEERS ESTIMATED COST TO RE -CONSTRUCT ACCEPTABLE TO CITY The existing road was constructed on stabilized sand without any base rock and pavement must be completely reconstructed. The majority of existing curb can remain. Length: 570LF Width of Pavement: 24LF Replace 50LF of standard type "F" curb Remove 30LF of 24" Miami curb Removal of existing asphalt and top 6" of existing soil 570 x 24 x 0.67/27 = 340CY x 1.25 = 425CY 1. Removal of Existing Asphalt and Soil Excavation: $5.00 x 425 = $ 2,125 Haul $27.00 x 100 - 2,700 2. Stabilized Sub -Base 30 x 570/9 x $2.00 = 3,800 3. Base Rock 24 x 57019 x $5.00 = 7,600 4. 1" Type S -ill Asphaltic Concrete Surface Course 24 x 570/9 x $3.00 = 4,560 5. Remove and Replace Concrete Curb 24" Miami curb: 30LF x $20.00 = 600 24" Standard curb: 50LF x $20.00 = 1,000 6. Construction testing = 750 7. Construction staking and as -built = 1.500 Total Estimated Cost = 24,635 15% Contingencies = 3.695 Total Estimated Cost = $28,330 DEC -23-97 TUE 17:08 P.01 anwvt vn)+.•rvnu SFMVMW COUM Y CLOW or- THE C.MU T COURT 7W PARK AVENUE IS Tfn-*%nUE. FL OEM L P i'd4-$415 _ .. 88.L. Ta q FAX COPY T(? ADOA[SS CODs: OR DIAOCT_ CrrMrAYO"., DATE 77M POM M TO &EgM EPRAMMEM MsfivAND ACCOMIN V CALY_ wtAHTLrr Case a C�saaGLt ecpmS DATA t+cF (F71L1 �OOK/PAGE Kl1R�ERSj z: V&v .Qom.. .'I'm - .... IdaOE BY BY LAW 833 (Rev. 4-27) PIWT, - OLP#JVfMCW PART $ - QUBT4AMA 12/23/97 18:03 TX/RX N0.2820 P.001 m f*l _V _VA tA ............. Ve lk ri Yllk I "W)JA A W.Cii f ---- ------- ry, -4.;, UaA!e:V 161* ... . ...... - ------- ----- ------ .............. ------ ---- ...... . . ........ ....... DEC -23-97 TUE 17:08 MENTURZ, mftdlft =4 enter" Idto on tms day of Km'V 0 19VIS, bY Anti b0tWQva MPE; CANAMAL UMITY CORPORATION, a corporation -gared&Ad existing under the laws O"t the State - OR Florida, and SHUFORI) Urus Irmc I 't a corpo"'Ation organized and existing Under the lvs of ttke &rAit& of moves C%vail ioaa, AraiAraiqki WK it . lo 11� , I �� :- ' , 3 A 10 ff"C'14: 782 ma t43 m MENTURZ, mftdlft =4 enter" Idto on tms day of Km'V 0 19VIS, bY Anti b0tWQva MPE; CANAMAL UMITY CORPORATION, a corporation -gared&Ad existing under the laws O"t the State - OR Florida, and SHUFORI) Urus Irmc I 't a corpo"'Ation organized and existing Under the lvs of ttke &rAit& of moves C%vail ioaa, AraiAraiqki ified to do business in the ftatai Of tlorlfts balVIVAtter called the GrAnter; an4 the city og Cape C*fmveral, ft MUMCIPAX X tiOn OrganIzed and existing undar the javv of the Florida and located 'rA the C�Ouuty of Dre-vajai, 1410 NOWth Atlantic A"nalle, CARO C3UMV6rul, Fl*r:td,%, hora::nagtar called the qjantob; VQW2 TRIO I=Mvrmtz WIT%rzS=. COX33FDMIATIOX Ot URI run of Ton Doll&rM ih hand paid, and 01 good and valuablo c.9-nisideration, receipt and isutfloilesicy of which Is hereby, acknowledged, the awral dl hereby grant, balrgain, sell and convey to the City of Cape canaveml, i ts Successor's and asell fi ibmpmet, OPOl PrOtelot, repair, replace. change the di za of, and remor" a solivor pipe line amid sel pipe 21 -nem and appurt- engi together with the right of lVercea vind eigx_eala to and fra% the "MiS gior US Puri Aforesaid, over, under, through and acP099 the 9017oving deamibod lands, altua%ed Is the og 01 P ty Ch e Oftn*voral, County of Drevgraill, j3iato 0'T Vlorielfth tomit a MT ME-1 _1E7_ i R E M& .. n, 18.00 goo* eAch asidesasides02 the lolxvi cribed canter".1inco. $.kid &Ammoont lying in Section 15, Toweii 24 SOutib, Xftnge 37 -tast, Brievard County, plarida. Co dace at a point on the East Section 1.1me of oftid Soo- tiOn 15'IY'ng N 001 "65411 V a di5tAAcQ Ot 1.' 13.43 faiii S RI soutbea$t corner O± Said Section 15, thence a alis_ to -the point of .n in of Isaia eautarlino thence V 89*23,00" W a distance Of 90-94 feet; theni X ftstmnc4o og 994.40 i' t, then Of 176.29 feet to the termination of zusemcmt E-1, Q cribeid dtu00tM 0*0h cl,dO Of the f011avrAng dtm- t lying in Section 15, Tounahip 24 South, Vlorid,a. r4at Section Ll no *I said see - tion 15, tRUce 04 1713.43 toot Iren the Sol 15; -thence a 89009tos" r a dig - t of beginning; thence IT I'll"2115491VE to the South 1140 OfV10 Property described 4u. 0,n. Rook 6 50 at Page 234, wald bcink Y 'pointr t ar t i the ter3aination of glciemcUt E cr ci IN ill'A llli ME fof 1.2/23/97 18:03 NO.2820 P.002 m i Al " All . n. f, Am '."Yw" dim; 144 �ppX, VASMUNT 7E-3.- 19.0040h,N at the follOWAIM cribed centerline, d...a A4Mmll lYing *0 Section 15, Township 24 South, Range 37 East, Brovard 4�auAtr, r3L*rjda. o,fir w ro-,. W :v + +r '� v! .� 'U" If a distance of Sea - tion. P IA ti{ feet ' „Soutbd4*t corner of said M M d R .Iw wthence$,. a. W thence M the point of r ginning; thence S21632'27"W a distance of 207.48 reei thence S51110T4111W a disTance of 160.08 -feet to the termination of Race Z "' r i, 0.00 106t *Sell y r UrAbwd Y. Y ^i a a; m AG rYy W r 24 Commence at a Point on the East Section, Une of al som taucc Of w thence0 distance of 849#73 rootP the a O; s a FN «aw foot a point o-9 ourvaturell, thence Northeasterly to Harthwontoriv along nent parts a radius of 1461.00 0 of 56030, 0011 for an arc distance of 749.07 fact to a point of tanomey.- aur , v # . thence, * lit, y rr ri a � r Av%ant"IyIng $000 test each slag Q'T ifte 9021oveft Cago. �' r ,aid •a u t W iTownship 24 ��.. n .„ N iu rc ,. , m d rc W r v Commence OM the East Section tAne of amid;, ,W� Southeast w yr of Said 'b - r. 8 Wa o djeou tamea, o:� IIV.41 feet thence W 89023100"W a dievartoo of 04.94 r -ea% a n �to w M W Mta z ru of 854 feet to thIM teratuattaft Basement 6.00 feet each side of the tolla"Is Is"ft CrIbed centerline. 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Egg 011 V" 1z ISM n a Ri- A f•1 it q PlaY.OV MIXT COM OAQU n'c A-4 - 011 V" 1z q PlaY.OV MIXT COM OAQU Meeting Type: Regular Meeting Date: 09-02-97 id AGENDA H—Ung Discussion Item 19 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SSA PROPOSAL FOR PAVEMENT TESTING AND DESIGN OF COMMERCE STREET DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: That the City Council discuss whether or not to proceed with this scope of services costing $17,000. Summary Explanation & Background: If the City Council were to appropriate the funds for this, then the city would have to appropriate funds for the construction of this roadway. Once final costs for this project are identified, the property owners may agree on a settlement agreement or front foot assessment for the repayment to the city for this project. Exhibits Attached: SSA proposal of 08-25-97 City Managerds Office �, Department August25,1997 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Pavement Testing and Design of Commerce Street Dear Ed: Per your request SSA is pleased to submit our engineering fee proposal for the rebuilding of Commerce Street In general SSA will perform the following tasks for the roadway. • pavement corings (and subgrade borings) • design surveys • construction design drawings • preparation of regulatory permits • construction support activities SSA has recently inspected this roadway system and visually, it appears that the base layers have failed. (The pavement coring tests will confirm this observation.) Also, SSA observed the drainage flows in the existing curb/gutters and it appears that at least one catch basin/inlet will be necessary. It is understood that this road is a private street and pending the type of assessment program adopted by the Council, may be brought into the City's system. SSAts specific scope of services for the rebuilding of Commerce Street includes the following: SSA SCOPE OF SERVICES Task I.Obtain Pavement Codngs SSA will coordinate with our subconsultant to obtain three (3) pavement corings along the roadway. SSA will also perform hand auger borings to four/five foot depths into the subgrade in order to evaluate materials and potential ground water layers. A recommendation for re -building the road will be made to the City at this point Task 2 - Design Surveys SSA will obtain design cross sections of the existing roadway and obtain key inverts of existing drainage inlets. For this proposal no rights-of-way mapping will be performed for the roadway. Task 3 - Construction Design SSA will prepare construction design drawings for the rebuilding of Commerce Street Initial designs will include coordination with util'ty companies and development of drainage designs. A reuse line may be installed by others for this roadway. Additional coordination with adjacent land owners well also be performed to allow for driveway access. Other initial design efforts will include coordination with the FDOT and SJRWMD for pemlit applications. As this work is a retrofit, no detention systems -will be STOTTLER STARMER & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 Notch Atlantic Avenue P.O. Hgbr To _ g� urm r _&T 3?rYZQ,1 iQ_'A� 0407 783 1320 Fax 407 783 7085 edio�adaoe (� Ofic j'Q( J o n/onc i 1 Mr. Ed Gardulski August 25,1997 Page 2 proposed. The design drawings will address stage construction so that access can be maintained to adjacent businesses. Task 4 - Preparation of Regulatory Permit Applications SSA will prepare regulatory permit applications for both the FDOT and SJRWMD. Coordination with City staff will also be maintained for the design work. Preparation of permit applications will include one (1) requestfor additional information (RAI) from each agency. Task 5 - Construction Support Activities SSA will support the City during construction operations, with the following work tasks: • attend pre-bid and pre -construction meetings • perform six (6) inspections of the work in progress (to support certification) • provide certifications to the City and SJRWMD of completed work • provide a review of contractor draws for the City SCHEDULES AND FEES Schedules Upon receipt of the Citys written authorization to proceed SSA will perform task 1 within one (1) week. Tasks 2 through 4 will then be completed within the next 45 days. Construction support services schedules will be established by SSA following the pre -construction meeting with the City. Fees SSA's fees for the above listed tasks will include the following lump sums: Task 1- Lump Sum Fee of $300.00 Tasks 2 through 4 - Lump Sum Fee of $12,600.00 Task 5 - Lump Sum Fee of $4,200.00 Total Lump Sum Fee for the proposed work will be $17,100.00. The above fees include reproduction services of up to 10 sets of construction drawings and regulatory permits. SSA's fees will be invoiced based on a percentage of work being completed each month and payment will be due within thirty (30) days of receipt Additional printing (other than noted above) requested by the City will be invoiced at our cost plus 15%. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. c-Wvclovimisk Weep mem sbwtdoc "Great To Worcs For... Greater To Work WWI" rm Mr. Ed Gardulski August 25,1997 Page 3 It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attomey's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through October 15, 1997. Acceptance after this date may necessitate increased fees or altered conditions. Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy. Sincerely, Stottler Stanner & Associates Architects, Engineers, Planners, Inc. John A Pekar, PE Vice President JAP jls cc: Pat Dwyer c.% vff0m a WcWe1p=merce streetdoo ACCEPTANCE: -Ai TITLE: DATE: "Great To Work For... Greater To Worst Wth"