The URL can be used to link to this page

Home My WebLink AboutResolution No. 2014-07RESOLUTION NO. 2014 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RESOLUTION FOR ASSISTANCE 2014 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Cape Canaveral is interested in carrying out the following described project for the enjoyment of the citizenry of Cape Canaveral; and the State of Florida. Project Title: Banana River Park Total Estimated Cost: $426,661 (FIND funding based on partial construction cost of $144,255) Brief Description of Project: Waterside park improvements including launching and landing areas for canoes, kayaks, and wind surfers; safe access to the Banana River Lagoon via docks, parking areas, pavilion/ restrooms, shade areas, putting green, bocce courts and educational kiosk and other signage. WHEREAS, Florida Inland Navigation District (FIND) financial assistance is required for the program mentioned above, WHEREAS, the City Council deems it is in the best interests of public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. That the project described above is authorized and Staff is directed to make application to the Florida Inland Navigation District (FIND) in the amount of 34% of the actual cost of the project on behalf of the City of Cape Canaveral. Section 3. That the City of Cape Canaveral certifies to the following: a. That it will accept the terms and conditions set forth in FIND Rule 66B -2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached program application. b. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached hereto unless prior approval for change has been received by the District. c. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of the City for public use. City of Cape Canaveral, Florida Resolution No. 2014 -07 Page 1 of 2 d. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88- 352(1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. e. That the City will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. f. That the City will make available to FIND, if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreement. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, words, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this 18th day of March, 2014. ATTES RockyR��dels, ayor An la AppersfbA, MMC, City Clerk Name For Against -J John Bond Second Robert Hoog Motion Buzz Petsos Rocky Randels x a �,�, •�.. > K ' �c),� Betty Walsh x Approved as to j�nd suffic471cy` for the City e C'difiaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral, Florida Resolution No. 2014 -07 Page 2 of 2 Resolution No. 2014-07 Attachment CITY OF CAPE CANAVERAL BANANA RIVER PARK Florida Inland Navigation District FY 2014 Waterways Assistance Program Application Submitted to: Florida Inland Navigation District Attn: Janet Zimmerman, Asst. Ex. Director Administrative Office on the Intracoastal Waterway In Palm Bay County 1314 Marcinski Road March 24, 2014 Prepared by: Jupiter, FL 33477-9427 I I I I JOHN A. PEKAR, P.E„ LLC Civil Engineering/Consulting 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 office Phone: 32L-613-2959 Cell Phone: 321-288-1040 j ohnpe karpe@gmail. cam ,fo{x-a4 9khazw 9'e. RooiFlowe romflowe(UfflaiLcom OfficeMonoger Cell Rhone: 321-403-9899 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment FY 2014 WATERWAYS ASSISTANCE PROGRAM APPLICATION PACKAGE THE FOLLOWING FORMS, IN ADDITION TO THE REQUIREMENTS OF ITEMS 10 THROUGH 14 OF THE APPLICATION CHECKLIST, CONSTITUTE YOUR FORMAL APPLICATION. SUBMIT THE APPLICATION INFORMATION IN THE ORDER LISTED ON THE CHECKLIST. ONE ORIGINAL AND ONE ELECTRONIC COPY OF YOUR APPLICATION IS REQUIRED. Resolution No. 2014-07 Attachment ATTACHMENT E - APPLICANT TIPS SHEET (Mistakes Common to the application process and how to avoid them) Scheduling — The new application is available by the 2nd week of January each year, and District funding is available AFTER October 1" of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due — 1sT of April; Property Control — 301h of May, Permits — 3rd week of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) Property Control Verification — Please have your attorney complete and sign the form in the application verifying applicant property control. Support documentation is not necessary. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application "window':) Project Costs Eligibility — Please note the eligible project costs in Rule Section 66B-2.008, F.A.C. If you are not sure about an item's eligibility, ask! Note: Any ineligible cost, including in-house project management and administration, is also not eligible for an applicant's match. Make sure you have delineated your required minimum cost -share on the project cost estimate. (Staff suggestion: If you have questions about the eligibility of an item, work up a mock cost -sheet and send it to our office well before the deadline. Do not include anolicant ,oroiect management in your cost estimate). Cost -Share — Although the applicant must provide a minimum of 50% of the total project costs (25% for eligible public navigation dredging), there is no specific requirement to split each item. You may desire to have the District pay for some items and the applicant pay for others, or various percentages of each, etc. This may allow for a stronger application and easier accounting. (Staff suggestion: Concentrate the Districts cost -share funding into those items most related to the waterway.) Pre -Agreement Expenses - Rule 66B-2.005(3), F.A.C. requires any activity in the submitted project cost estimate occurring PRIOR to October 15t to be considered as pre -agreement expenses. The Board's past philosophy has been to fund only those projects that require District funding assistance to be completed. It is best to avoid pre -agreement expenses if possible, or limit them to a small percentage of the project. Note, that pre -agreement expenses must be limited to 50% or less of the total project costs, and they are eligible for only 1/2 of the original District funding. (Example: A project with a total cost of $200,000 is Board -approved for one-half construction PRIOR to October T t In this case, District funding will be limited as follows Only 5096 of the $100,000 project cost prior to October 15t is eligible as project expenses (i. e. $50,000). Then only M2 of the eligible project expenses ($50,000) are eligible for District funding assistance (i. e. $25,000). Submitted Materials & June Presentation — Each year ambitious applicants submit a myriad of information with their application. The Board must review and evaluate every application and each year we receive about 80 applications for consideration. The final product for the Commissioner's review is two 8-1/2" x 11" spiral -bound notebooks containing the essential information for the application. If the submitted material will not fit in these bound notebooks, it is discarded. NOTE; also make sure your final submitted material is the same material you will be presenting to the Board at our June meeting. This will avoid confusion and strengthen your presentation, (Staff suggestion: Limit the submitted materials to the requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation/ Don't create unnecessary work for yourself!) ELECTRONIC SUBMISSIONS - Submit your electronic file in Word or PDF format on a CD, DVD or flash drive only (no internet submissions). Make sure to label your disc with the applicant and project title (handwritten is fine). Where feasible, you may combine multiple files from the same grant into one larger file on the disc (i.e. scan the entire document as a PDF etc.). Note however, each grant application must be a separate electronic file, but you may combine multiple grants from the same applicant on to one disc or drive. Resolution No. 2014-07 Attachment ATTACHMENT E-1 WATERWAYS ASSISTANCE PROGRAM FY 2414 PROJECT APPLICATION APPLICANT INFORMATION — PROJECT SUMMARY Applicant: City of Cape Canaveral Department: Leisure Services Project Title: Banana River Park Project Director: Gustavo Vergara Title Leisure Services Director Project Liaison Agent (ifdifferentfrom above): John A. Pekar, PE Liaison Agent Title: City Consulting Engineer Address: 102 Columbia Drive, Suite 207 Cape Canaveral, FL Telephone: 321-288-1040 Email: johnpekarpe@gmail.com Zip Code: 32920 Fax- ***** I hereby certify that the information provided in this application is true and accurate.**** SIGNATURE: � �t DATE: 24 , t4 PROJECT SUMMARY NARRATIVE (Please summarize the project in 2 paragraphs or less.) Theproposed City project reflects waterside improvements to a City Dark located against the Banana River Lagoon. Improvements include launching and landing .areas for canoes, kayaks, kite boarding_ _paddle boards, and wind surfers. Safe access to the Lagoon will be provided with strong education benefits. Large groups of both City and County residents will be provided access to the Lagoon. Space Coast Kayakers have over 400 members. City matching funds will be used to support the docks and waterside improvements with parking areas, restrooms and signage. 1' VI Xti 111 V. 7V -G4 Rule 66B-2, (New 12/17/90, Rev_07-30-02, 04-24-06) Agenda Pl Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attaclnnent ATTACHMENT E-2. APPLICATION CHECKLIST 2014 (To be completed by the Applicant) This checklist and the other items listed below in items 1 through 14 constitute your application. The required information shall be submitted in the order listed. Any additional information submitted by the applicant is subject to being removed from the package by District staff prior to presentation to the District Board because of reproduction and space considerations. Two (2) copies of your application are required. One original and one electronic copy. All information (except maps) is required to be on 8 1/2" x 11" paper. Maps and drawings may be on 8 1/2" x 14" paper and folded to 8 1/2" x 11" so that they may be included to hole punch and bound by staff. PROJECT NAME: Banana River Park YES NO 1. District Commissioner Review (prior to March 03) (NOTE: For District Commissioner initials ONLY!) (District Commissioner must initial the yes line on this checklist for the application to be deemed complete) 2. Applicant Info/Project Summary — E-1 (Form No. 90-22, 1 page) FT (Form must be completed and signed) 3. Application Checklist — E-2 (Form No. 90-26, 2 pages) ED El (Form must be signed and dated) 4. Project Information — E-3 (Form No. 90-22a, 1 page) F71 El 5. Project Evaluation and Rating — E-4(+) (Form No. 91-25) 1 y D (Form must be completed, proper attachment included) (No signatures required) 6. Project Cost Estimate — E-5 (Form No. 90-25, 1 page) ✓0 (Must be on District form) 7. Official Resolution Form — E-6 (Form No. 90-21, 2 pages) EZI E:1 (Resolution must be in District format and include items 1-6) 8. Attorney's Certification (Land Ownership) — E-7 I r l 0 (Must be on or follow format of Form No. 94-26, (Legal descriptions NOT accepted in lieu of form) Resolution No. 2014-07 Attachment ATTACHMENT E-2 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) 9. Project Timeline — E -S (Form No. 96-10, 1 page) 0 10. County Location Map El 11. City Location Map (if applicable) IZI F-1 12. Project Boundary Map 0✓ 13. Clear & Detailed Site Development Map �✓ E] 14. Copies of all Required Permits �✓ (Required of development projects only) The undersigned, as applicant, acknowledges that Items 1 through 13 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, April 01, 2014. By May 30, 2014 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 14 is due to the District no later than the final TRIM Hearing in September 2014. If the information in Item 14 is not submitted to the District office by the District's final TRIM hearing in September 2014, I am aware that my application will be removed from any further funding consideration by the District. APPLICANT: City of Cape Canaveral APP. TITLE: Banana River Park SIGNATURE - APPLICANT'S LIAISON nx DATE Date Received: Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: Project Eligibility: Compliance with Rule 66B-2 F.A.C.: Eligibility of Project Cost: FIND OFFICE USE ONLY 0 Available Score: Form No. 90-26 - New 912192, Revised 07-30-02. Resolution No. 2014-07 Attachment ATTACHMENT E-3 - PROJECT INFORMATION 2014 APPLICANT: City of Cape Canaveral APPLICATION TITLE: Banana River Park Total Project Cost: $ 426,661 FIND Funding Requested: $ 72,128 % of total cost: 17% Amount and Source of Applicants Matching Funds: City General Fund - $166,263 ($94,135 FRDAP Match plus $72,128 FIND Match) Matching funds for restrooms, parking Other (non -FIND) Assistance applied for (name of program and amount) Florida Recreational Development Assistance Program (FRDAP) - $188,271 Ownership of Project Site (check one): Own:✓0 Leased: 0 Other: If leased or other, please describe lease or terms and conditions: Once completed, will this project be insured against damage? Yes Explain: City Insurance Has the District previously provided assistance funding to this project or site? If yes, please list: 0 What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable): Park expansion to include windsurfing, kite and paddle boarding and two kayak/canoe docks. How many additional ramps, slips, parking spaces or other public access features will be added by the completion of this project? (as applicable): Major launching and landing sites to serve large groups such as Space Coast Kayakers Club (400+ members). Two boat docks, graded landing areas, and 24 parking spaces. If there are fees charged for the use of this project, please denote. How do these fees compare with fees from similar public & private facilities in the area? Please provide documentation NO fees. Please list all Environmental Resource Permits required for this project: Agency Yes/ No N/A Date Applied For VMD DEP (possibly) ACOE COUNTY/CITY (pending grant) Date Received Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) Agenda - 2 - Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment Agenda -3- ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET STEP 1: All applicants will complete Attachment E-4 of the worksheet, which includes questions 1 through 6. **Do not answer with more than four sentences.** STEP 2: Complete one and only one sub -Attachment (E-4 A, B, C, D or E, questions 7- 10) according to the applicant's project type. All other sub -attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: Banana River Park APPLICANT: City of Cape Canaveral 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application. (The application may only be of one type based upon the predominant cost of the project elements.) Category 12: Public waterfront parks with associated improvements. b) Explain how the project fits this priority category. The Park is the only River access for kayakers, etc., within the City limits and north Cocoa Beach. This 5 acre Park situated along the Banana River Lagoon (with this project) will provide access to kayaks, canoes, kite and paddle boards, and windsurfers for both City residents and County with groups. Strong education benefits will result with information kiosks and volunteer Lagoon monitoring programs. (For reviewer only) Max. Available Score Range of Score (19 to points) Resolution No. 2014-07 Attachment Agenda -4- 2) WATERWAY RELATIONSHIP: a) Explain how the project directly relates to the ICW and the mission of the Navigation District. The proposed City project reflects improvements to a public waterfront Park, located against the Banana River Lagoon. Improvements include launching and loading sites for kayaks, canoes, kite and paddle boards, and windsurfers. Good access to the Lagoon will be provided with strong education benefits. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? At present, most access to the Banana River Lagoon is from FDOT roadways. The Space Coast Kayak Organization (for example) has over 400 members and are looking for safe access to our Lagoon system. In addition, strong public access will be necessary with strong increases from Port Canaveral's cruise developments, increased City development of the Park along with waterside activities, and increased demand for for outdoor recreation. Also, the floating docks will aid in the protection of sea grasses. (For reviewer only) (1-6 points) 3) PUBLIC USAGE & BENEFITS: a) How is the public usage of this project clearly identified and quantified? Estimate the amount of total public use. A Master Plan has been developed by the City, with partial improvements already constructed in the Park. This grant will allow additional waterside improvements for the public. Public meetings were conducted to review the proposed improvements and citizen support received. b) Discuss the regional and local public benefits and aeeess that will be provided by the project. This proposed project will significantly increase recreational access to the Lagoon through kayak, canoe and windsurfing use. Increased knowledge about the Lagoon system will be encouraged through kiosks, recreational programs, user groups, and City informational programs. c) Can residents from other counties of the District reasonably access and use the project? Explain. Many of the City's events at the Park will encourage public use from outside the County. One such example is the annual Dragon Boat Races, held offshore from the Park, along with increased bird watching along this Lagoon shoreline. (For reviewer only) (1-8 points) Pa Resolution No. 2014-07 Attachment Agenda -5- 4) TIMELINESS: a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-8. The project has a completed Master Plan and preliminary design work. Permit agencies have been met with and some upland improvements such as parking lot and soccer field have been constructed. The proposed project can be constructed within 12 months of grant assistance. b) Briefly explain any unique aspects of this project that could influence the project timeline. Availability of materials such as coquina rock and the presence of manatees may impact the project timeline; however, these are not expected. (For reviewer only) (1-3 points) 5) COSTS & EFFICIENCY: a) List funding sources and the status and amount of the corresponding funding that will be utilized to complete this project. Funding Source Amount Status General Fund — City of Cape $166,263 Funded Canaveral Florida Recreational $188,270 Application pending Development Assistance Program (FRDAP) grant Florida Inland Navigational $72,128 Application pending District (FIND) grant b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. Inflation costs might increase some construction items 3-4%, but a contingency of 10% has been established. c) Describe any methods to be utilized to increase the cost efficiency of this project. The use of City Staff labor and/or citizen volunteers to assist with the project. d) If there are any fees associated with the use of this facility, please detail. In addition, please provide a listing of the fees charged by similar facilities, public and private, in the project area. Nofees are being charged by the City for project use. (For reviewer only) (1-6 points) 3 Resolution No. 2014-07 Attachment Agenda -6- 6) PROJECT VIABILITY: a) What specific need in the community does this project fill? Is this project referenced or incorporated in an existing maritime management, public assess or comp plan? The project fills a strong need for safe Lagoon access, and is consistent with City Master Plans, Visioning Statements, and input from resident workshops. b) Clearly demonstrate how the project will continue to be maintained and funded after District funding is completed. As a City Park, maintenance will be performed by the City's Public Works Services from City general funds. c) Will the program result in significant and lasting benefits? Explain. The recreational benefits provided by the paddling/windsurfing will also benefit all users. The benefits of exercise and outdoor recreation improve both physical and mental health. d) Please describe any environmental benefits associated with this project. The education benefits by using this waterside facility will be very strong and long lasting. Various kiosks will inform users on the Lagoon, and volunteer programs such as Lagoon monitoring, fishing line removal, and nature programs will enforce the knowledge of the Lagoon. (For reviewer only) (1-7 points) SUB -TOTAL FIND FORM NO. 91-25 Rule 66B-2 (Effective Date: 3-21-01, Revised 4-24-06, 1/2014) C! Resolution No. 2014-07 Attachment Agenda -7- ATTACHMENT E -4A DEVELOPMENT & CONSTRUCTION PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. 7) PERMITTING: a) Have all required environmental permits been applied for? If permits are NOT required, explain why not. Initial Park construction permits granted by SJRWMD. A minor permit modification is anticipated. Informal discussions held with agency along with favorable public workshops with residents and City Boards. b) If the project is a Phase I project, list the tasks scheduled to obtain the necessary permits and engineering work. Please provide a general cost estimate for the future Phase II work. Preliminary engineering completed, permit modification will be reviewed with SJRWMD. Design drawings will be finalized and then project constructed (all work within 12 months). Construction costs for grant $144,255. Overall Park improvements costs - $426,661. c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. None anticipated. Manatees in area, but with kayaks/canoes/windsurfing/kite and paddle boards, can provide educational benefits. (For reviewer only) (1-4 points) Resolution No. 2014-07 Attachment Agenda -8- 8) PROJECT DESIGN: a) Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? Final designs pending grant support. Preliminary designs completed along with Master Plan. b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, minimize environmental impacts, improve water quality or reduce costs? Significant benefits will result from this project. Safe public access to the Banana River Lagoon will be provided for kayak/canoe/windsurfing/kite and paddle boarding with educational kiosks, and City educational programs provided. City volunteer groups will also be directed to support the Lagoon through monitoring and clean up operations. (For reviewer only) (1-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques to be utilized for this project. If a Phase 1, elaborate on potential techniques. The majority of the work can be performed using shoreline equipment and floating docks are anticipated. Turbidity barriers will be used along with all regulatory procedures. b) How are the utilized construction techniques appropriate for the project site? Approved techniques for waterside improvements will follow agency permit requirements and historic waterside improvements within the City over the last several years. c) Identify any unusual construction techniques that may increase or decrease the costs of the project. No unusual construction is anticipated for this work. (For reviewer only) (1-3 points) Gel Resolution No. 2014-07 Attachment Agenda -9- 10) CONSTRUCTION MATERIALS: a) List the materials to be utilized for this project. What is the design life of the proposed materials compared to other available materials? Dock materials will be trex or aluminum, coquina rock for shoreline stabilization, and approved sands. Life cycle use of the project is 20 to 40 years without major repairs. Trex (and possibly other ABS plastic materials) may be used in dock and kiosk work. Materials are time tested for marine environments and represent best value. b) Identify any unique construction materials that may significantly alter the project costs. Materials for this construction project reflect available materials in County for waterside work. (For reviewer only) (1-3 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Form No. 91-25A Rule 66B-2 (Effective Date: 3-21-01, revised 4-24-06, 1/2014) VA Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment Agenda -7- ATTACHMENT E-411 ENVIRONMENTAL EDUCATION PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN ENVIRONMENTAL EDUCATION PROJECT 7) THOROUGHNESS: a) Who is the primary target audience or user group for the project and how were they identified? The Space Coast Kayak Club (400+ members), Cape Canaveral residents, Wind Surfer Associations, Brevard County residents, and those general public noted in Florida Recreational Planning studies. Input was obtained from City Vision workshops (6 were held), Condominium Association meetings, direct calls to City's Leisure Services department, and calling boat vendors. b) How have the needs of the target audience been evaluated and met? A Master Plan for Banana River Park has been prepared by the City based on input from groups identified above, preliminary designs have been prepared, and discussions with Lagoon groups such as the Marine Resources Council. c) How many people will the program serve on an annual basis? What will be the measurable results? Estimated public use to be determined upon project completion. The high potential needs will be measured through regular Park observation, requested events through the City, and volunteer observers in nearby condominiums. (For reviewer only) (1-5 points) �:j Resolution No. 2014-07 Attachment Agenda -8- 8) DELIVERABLES: a) Describe the materials and project deliverables to be produced by this project. Project deliverables will begin with construction drawings and permits. Within one year of grant, landing and launch areas will be constructed. Materials include docks, coquina rock, earthwork, kiosks, and other supportive project elements. b) Is there a clear and effective plan of dissemination of the materials produced through the project? Please describe. Project to be publicly bid. Contractor draws will regulate materials and site costs. Work to be regulated by the City. (For reviewer only) (1-2 points) 9) EXPERIENCE & QUALIFICATIONS: a) Please briefly describe the qualifications of the program administrator(s),including prior experience, and areas of expertise. The City of Cape Canaveral has been coordinating and supervising projects for nearly 50 years. The City has full staff capabilities including Public Works Services, Building Department, Planning Department, and Leisure Services Staff. City Consulting Engineer will manage this project. Engineer has over 40 years experience with waterside projects in Florida. b) What previous projects of this nature have been completed by the program manager? Extensive waterside boardwalks in Lagoon, design and construction of Kennedy Point Marina, several boat ramps, shoreline protection, pier retrofits, dredging canal projects, lagoon plantings, and Port projects. (For reviewer only) (1-2 points) 9 Resolution No. 2014-07 Attachment Agenda -9- 10) PROJECT GOALS: a) What are the long-term goals of this project as it relates to the ICW? Long term goals are to provide both recreational and educational benefits to large groups of people within the Lagoon system. Secondary benefits will include monitoring projects and volunteer programs to continue sustainability of a healthy Lagoon system. b) What is the expected duration/frequency of this program? Use of the Park's proposed waterside facility will extend well past 50+ years life of facilities (before repair). (For reviewer only) (1-3 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Foran No. 91-25B Rule 66B-2 (Effective Date: 3-21-01, Revised 4-24-06, 1/2014) IH Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment Agenda -7- ATTACHMENT E -4C LAW ENFORCEMENT & BOATING SAFETY PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A LAW ENFORCEMENT OR BOATING SAFETY PROJECT 7) VIABILITY: c) Describe how project will address particular public health, safety, or welfare issues of the Navigation District's Waterways. The project will provide public health benefits through kayak, canoe, windsurfing, kite and paddle boards, from a safe, public park area. The potential for educational benefits of this project are very good through use of kiosks, volunteer programs to help monitor the Lagoon, and educational tours. Exercise benefits from kayak, canoe, and windsurfing will be very beneficial to public health. d) Does the project provide significant benefits or enhancements to the District's Waterways? Yes, a better understanding of the Lagoon system will result and the inclusion of volunteer programs for monitoring the Lagoon system, and educational tours will build strong support for this unique system. (For reviewer only) (1-3 points) 11 Resolution No. 2014-07 Attachment Agenda -8- 8) EXPERIENCE & QUALIFICATIONS: a) List the personnel tasked with the implementation of this project, their qualifications, previous training and experience. City project engineer, John A. Pekar, PE, with over 40 years of waterside projects in Florida. Other professional staff including City Building Department, Public Works Services and Leisure Services. Project to be bid with close contractor supervision. b) Have the personnel participated in or received state marine law enforcement training? Through the permit regulatory process, City team members are aware of various requirements. Marine law enforcement will be by Brevard County Sheriffs Department, if required. (For reviewer only) (1-2 points) 9) DELIVERABLES: a) Describe the anticipated, long-term measurable results of implementing this project. Once completed, this project will receive high use. The existing limited access points to the Lagoon will direct a high percentage of kayaks, canoes, windsurfers, kite and paddle boards to a safe launching and landing site. b) What is the range or area of coverage for this project? Please provide a map of the coverage area. In general, the range of this project might be considered as the Banana River Lagoon between the SR520 and SR528 causeways. See location map. c) Does the project fulfill a particular community need? Yes, this project developed in -part through City Vision workshops and long-term City resident input. Also, supported by Florida Recreational State Planning. For reviewer only) (1-4 points) 12 Resolution No. 2014-07 Attachment Agenda -9- 10) EDUCATION: a) What are the educational benefits (if any) of this proposed project? Education benefits are many. Project users will be exposed to educational kiosks, volunteer programs that monitor the Lagoon, newsletters that report progress, website information, and tours will all add to the understanding of the Lagoon system. b) How does the project or program provide effective public boating education or expand boater safety? The most effective way to provide education is through hands on experience with continued feedback on the results. The monitoring programs through volunteers, tour guided trips, kiosks, and newsletters, will continue to enforce and educate users of the Lagoon. (For reviewer only) (1 -3 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Form No. 91-25C Rule 66B-2 (Effective Date: 3-21-01, revised 4-24-06, 1/2014) 13 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment NOT APPLICABLE Agenda -7- ATTACHMENT E-41) INLET MANAGEMENT and PUBLIC NAVIGATION PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS AN INLET MANAGEMENT or PUBLIC NAVIGATION PROJECT 7) WATERWAY RELATIONSHIP: a) How does the project directly benefit the Atlantic Intracoastal Waterway (AICW)? b) Identify any long-term sedimentation problems and briefly discuss any methods or activities that will address these issues. c) Will the project inhibit sediment inflow into, or reduce the dredging frequency of the AICW? (For reviewer only) (1-5 points) 14 Resolution No. 2014-07 Attachment Agenda -8- 8) PUBLIC ACCESS: a) Will the project enhance public access to or from the waterways? Describe in brief detail. b) List public accessessible facilities with improved access as a result of this project. (For reviewer only) (1 -3 points) 9) BENEFICIAL PROJECT ELEMENTS: a) Are there additional economic benefits to be realized by implementing this project? b) Briefly spell out any water quality, environmental or habitat benefits to be realized by this project. (For reviewer only) (I -2 points) I&I Resolution No. 2014-07 Attachment Agenda -9- 10) PROJECT MAINTENANCE: a) When was this area last dredged? What is the expected frequency of future dredging? b) Explain the funding mechanism for the long-term maintenance of the project. c) Describe the long-range dredge material management plans. (For reviewer only) (I -2 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Form No. 91-25D Rule 66B-2 (Effective Date: 3-21-01, Revised 4-24-06, 1/2014) I[01 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment NOT APPLICABLE Agenda -7- ATTACHMENT E -4E BEACH RENOURISHMENT PROJECTS WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A BEACH RENOURISHMENT PROJECT 7) WATERWAY RELATIONSHIP: a) Describe how the District and other navigation interests will benefit from the implementation of this project. (For reviewer only) (I -4 points) 17 Resolution No. 2014-07 Attachment Agenda -8- 8) VIABILITY: a) Is the project site defined as critically eroded area by a statewide beach management plan? b) Cite the quantifiable rate of erosion in this area. c) Is the project an important component of an overall beach management effort? (For reviewer only) (1 -4 points) 9) PUBLIC BENEFITS: a) Are there quantifiable public benefits demonstrated by the project? b) Is there adequate public access to the project area? Please describe location and amount. (For reviewer only) (1-2 points) IM Resolution No. 2014-07 Attachment Agenda -9- 10) PROJECT FUNDING: a) Describe any assistance funding from other sources. b) Clarify the availability of long-term funding for this project. (For reviewer only) (I -2 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related project. The minimum score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Form No. 91-25E Rule 66B-2 (Effective Date: 3-21-01, Revised 4-24-06, 1/2014) IM Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment NOT APPLICABLE ATTACHMENT E -4F EMERGENCY RE -CONSTRUCTION WATERWAYS ASSISTANCE PROGRAM APPLICATION AND EVALUATION WORKSHEET THIS ATTACHMENT IS TO BE COMPLETED ONLY IF YOUR PROJECT IS A WATERWAY PROJECT THAT WAS DAMAGED BY A NATURAL DISASTER AS DECLARED BY A STATE OF EMERGENCY UNDER CHAPTER 252, FLORIDA STATUTES. 11 (Extra) STORM DAMAGE EVALUATION: a) List the State emergency declaration order or proclamation. b) Is this project a previously funded FIND grant project? c) Detail the other funding mechanisms and financial assistance that will be applied to defray the reconstruction costs or damage repair. (For reviewer only) (0-3 points) Form No. 91-25F Rule 66B-2 (Effective Date: 2-05, Revised 4-24-06, 1/2014) Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 ATTACHMENT E-5 Attachment FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2014 PROJECT COST ESTIMATE (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Banana River Park APPLICANT: City of Cape Canaveral Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost provide a general cost break out for each one. (Number and/or Footage etc.) For Phase I Projects, please list the major elements and products expected) Launching Area Clearing (Upland) $ 3,000 $ 1,500 $ 1,500 Grading $ 2,200 $ 1,100 $ 1,100 Sand Sloping with Material $ 2,500 $ 1,250 $ 1,250 Stabilize Setup Area $ 1,000 $ 500 $ 500 Shoreline Stabilization (Coquina) $ 5,500 $ 2,750 $ 2,750 Floating Canoe/Kayak Dock $15,000 $ 7,500 $ 7,500 Landing Area Clearing (Upland) $ 4,500 $ 2,250 $ 2,250 Grading $ 3,000 $ 1,500 $ 1,500 Sand Sloping with Material $ 5,500 $ 2,750 $ 2,750 Shoreline Stabilization (Coquina) $ 7,000 $ 3,500 $ 3,500 10% Contingency $ 4,920 $ 2,460 $ 2,460 Subtotal $54,120 $27,060 $27,060 Restrooms w/Utility Hookups (Partial Not $67,750 $33,875 $33,875 Covered under FRDAP Grant) Parking (Partial Not Covered under FRDAP $22,385 $11,193 $11,192 Grant) ** TOTALS = $ Other Costs Covered under City General Funds / FRDAP Grant $ Total Project Cost $ Form No. 90-25 (New 10/14/92, Revised 04-24-06) 144,255 $ 72,127 $ 72,128 282,406 426,661 Agenda - 10 - Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 ATTACHMENT E-6 Attachment RESOLUTION NO. 2014 - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RESOLUTION FOR ASSISTANCE 2014 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Cape Canaveral is interested in carrying out the following described project for the enjoyment of the citizenry of Cape Canaveral; and the State of Florida. Project Title: Banana River Park Total Estimated Cost: $426,661 (FIND funding based on partial construction cost of $144,255) Brief Description of Project: Waterside park improvements including launching and landing areas for canoes, kayaks, and wind surfers; safe access to the Banana River Lagoon via docks, parking areas, pavilion/ restrooms, shade areas, putting green, bocce courts and educational kiosk and other signage. WHEREAS, Florida Inland Navigation District (FIND) financial assistance is required for the program mentioned above, WHEREAS, the City Council deems it is in the best interests of public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. That the project described above is authorized and Staff is directed to make application to the Florida Inland Navigation District (FIND) in the amount of 34% of the actual cost of the project on behalf of the City of Cape Canaveral. Section 3. That the City of Cape Canaveral certifies to the following: a. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached program application. b. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached hereto unless prior approval for change has been received by the District. c. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of the City for public use. City of Cape Canaveral, Florida Resolution No. 2014-07 Pagel of 2 Resolution No. 2014-07 Attachment d. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352(1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. e. That the City will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. f. That the City will make available to FIND, if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreement. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, words, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this 18th day of March, 2014. ATTES Angfla ApperObil, MMC, a City Clerk t� Approved as to%;nn and sufficiency' for the City cape Canaveral only by: Anthony A. Garganese, City Attomey Rocky Randels, ayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral, Florida Resolution No. 2014-07 Page 2 of 2 For Against Second Motion X X X ATTACHMENT E-7 ATTORNEY'S CERTIFICATION OF TITLE 2014 ` BROWN, Npr 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Resolution No. 2014-07 Attaclnnent GARGANESE, WEISS & UAGRESTA, P.A. flttorneys at Law February 28, 2014 FLORIDA INLAND NAVIGATION DISTRICT ADMINISTRATIVE OFFICE 1314 MARCINSKI ROAD JUPITER, FLORIDA 33477-9427 ATTORNEYS CERTIFICATION OF TITLE 2014 (See Rule 66B-1.006(4) FAC) TO WHOM IT MAY CONCERN: Anthony A. Garganese Board Certified City, County & Local Government agarganesegorlandolaw.ner The undersigned is the City Attorney of Cape Canaveral. This letter is being issued on behalf of the City of Cape Canaveral for the sole purpose of supporting the City's 2014 application for a grant from the Florida Inland Navigation District (FIND) Cooperative Assistance Program to support funding a proposed Lagoon Kayak/Canoe Launch at Banana River Park located within the City of Cape Canaveral, Florida. On February 28, 2014, I examined the Brevard County Tax Collector's and Property Appraiser's official websites and a Title Search Report which was prepared at my request by Old Republic National Title Insurance Company, dated February 21, 2014 (ORT File No. 14013041 ) (See Attached Exhibit "A"), showing that the real property legally described as: A portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows: Commence at a found pk nail and disk at the Southeast corner of said Section 15; thence North 89 degrees 27 minutes 20 seconds West along the South line of said Section 15, 3581.06 feet to a point on the West line of the East 3580.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West along said West line, 1786.50 feet to a set 5/8 inch iron rod with cap (Deithorn lb 6445) on the North line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net • Email: llrm@orlandolaw.net Resolution No. 2014-07 Attachment February 28, 2014 Page -2 - Records ofBrevard County, Florida, the point of beginning; thence North 89 degrees 24 minutes 45 seconds West along said North line and its Westerly extension, 29.03 feet to a point on the mean water level of the Banana River, elevation 0.57 feet National Geodetic Vertical Datum of 1929, in accordance with Florida Department of Environmental Protection mean high water survey file thence the following seven (7) courses and distances along said mean water level: 1. North 17 degrees 24 minutes 25 seconds East, 9 7.5 7feet; 2. North 08 degrees 55 minutes 33 seconds East, 70.73 feet; 3. North 02 degrees 14 minutes 02 seconds East, .144.69 feet; 4. North 03 degrees 54 minutes 24 seconds East, 183.53 feet; 5. North 04 degrees 56 minutes 14 seconds East, 146.06 feet; 6. North 05 degrees 50 minutes 27 seconds East, 1.13.96 feet; 7. North 00 degrees 08 minutes 51 seconds East, 150:69 feet to a point on the North line of the South 2685.38 feet of said Section 15; thence South 89 degrees 27 minutes 20 seconds East, along said North line, 7.83 feet to a set 518 inch iron rod with cap (Deithorn lb 6445); thence continue South 89 degrees 27 minutes 20 seconds East, along said North line, 230.00 feet to a set 518 inch iron rod with cap (Deithorn lb 6445) on the West line of the East 3323.00 feet of said Section 15; thence South 00 degrees 50 minutes 54 seconds East, along said West line, 899.87 feet to a set 518 inch iron rod with cap (Deithorn lb 6445) on the North line of said plat of Angel's Isle, said point being North 89 degrees 24 minutes 45 seconds East West 204.31 feet from a found 4 inch by 4 inch concrete monument at the Northeast corner of said plat; thence North 89 degrees 24 minutes 45 seconds West along said North line, 257.08 feet to the point of beginning. Together with an easement for ingress and egress described as follows: A Strip of land being 50.00 feet in width lying to the right of as measured at right angles to and parallel with the following described line being a portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Begin at the intersection of the East line of the plat ofAngel's Isle as recorded in Plat Book 36 at page 77 of the Public Records ofBrevard County, Florida, and the North line of Central Boulevard, a 100.00 foot right of way, as described in Of cial Records Book 3057, at page 445 of the Public Records ofBrevard County, Florida; thence North 00 degrees 50 minutes 54 seconds West, along the East line of said plat, 100.03 feet to the Northeast corner of said plat; thence North 89 degrees 24 minutes 45 seconds West, along the North line of said plat, 204.31 feet to the West line of the East 3323.00 feet of said Section 15; thence North 00 degrees 50 minutes Resolution No. 2014-07 Attachment February 28, 2014 Page -3 54 seconds West, along said West line, 899.8 7feet to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on the North by the North line of the South 2685.38 feet of said Section 15. is owned by the City of Cape Canaveral as of the date of this letter. Finally, I have also examined such other documents and records as necessary for this certification including, but not limited to, a deed received by the City from the CEVESCO, INC., a Delaware Corporation on February 25,1999 (ORB 3972, Page 0317) conveying fee simple interest of the aforementioned legally described real property. (See Attached EXHIBIT "B."). The City has owned this property for approximately 15 years since the date of this deed conveying the property. This property is what is now called "Banana River Park." The certification expressed herein is predicated upon present law (and interpretations thereof), facts and circumstances, and we assume no affirmative obligation to update the certification expressed herein if such laws (and interpretations thereof), facts or circumstances change after the date hereof unless requested to do so in writing by the City of Cape Canaveral. Singo", Anthony A. Garganese City Attorney of Cape Canaveral Cc: David Greene, City Manager Resolution No. 2014-07 Attachment ORT FILE NO. 14013041 AGENT FILE #: 513-001 Old Republic National Title Insurance Company 2300 Maitland Center Parkway #140 Maitland, FL 32751 Fax No.: 407-647.1735 TITLE SEARCH REPORT This title search has been compiled at the request of- BROWN f BROWN GARGANESE WEISS & D'AGRESTA PA 111 N. ORANGE AVENUE #2000 ORLANDO, FL 328022873 and is provided for review and examination by you or your staff for the sole purpose of preparing and issuing an Old Republic National Title Insurance Company commitment or policy. Only the results of a search of the record title are reflected herein. After an examination and review of this search you must: A. Request written authorization from Old Republic National Title Insurance Company to issue the Commitment if the amount exceeds your Agency limits. B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you find necessary from your analysis of surveys, prior title evidence or other relevant aspects of the transaction. C. Verify the status of corporation and limited partnerships with the appropriate governmental agency or authorities. D. Determine whether legal access exists. E. Determine if any unpaid municipal taxes or assessments exists, which do not appear in the public records. F. Determine whether any portion of the property is submerged, or a body of water, and whether riparian or littoral rights exist. G. Determine that the transaction to be closed is bona fide and arms -length and does not violate any lender's instructions, underwriting guidelines or advice of this Company. This Title Search is issued to the above name Agent in conjunction with an application for an Old Republic National Title Insurance Company title insurance commitment and/or title insurance policy. Date: February 21, 2014 uft Sianalaxy TSR I A; Page I of 1 ORT FILE NO. 14013041 TITLE SEARCH REPORT Schedule A Resolution No. 2014-07 Attachment AGENT FILE #: 513-001 The following title search has been compiled from the Public Records of Brevard County, Florida through an effective date of February 17, 2014 at 8:00 A.M.. 1. Policy or Policies to be Issued: (a) ALTA OWNER'S POLICY (06117106) Amount: (amended 10/17/92 with Florida Modifications) Proposed Insured: (b) ALTA LOAN POLICY (06/17106) Amount: (amended 10/17/92 with Florida Modifications) Proposed Insured: 2. The estate or interest in the land described or referred to in this Report is Fee Simple. 3. Last grantee of record for the period searched: City of Cape Canaveral, a Municipal Corporation 4. Requested legal descriptions searched: See Attached Legal Description TSR Page 2 of 2 ORT FILE NO. 14013041 TITLE SEARCH REPORT Schedule B - Section 1 1 Deeds and Conveyances: Quit Claim Deed recorded in O.R. Book 1134, Page 66. Warranty Deed recorded in O.R. Book 3972, Page 317. Re-recorded Warranty Deed recorded in O.R. Book 4017, Page 564. 2 Unsatisfied Encumbrances: None Resolution No. 2014-07 Attachment AGENT FILE 0. 513-001 A judgment search has been run on all parties in the chain of title covered by this report. 3 Unsatisfied Judgments/Liens: None 4. Taxes and Assessments: 5 Miscellaneous Matters: 6. The following abstractor notes should also be reviewed before a commitment or policy is issued TSR Page 3 of 3 ORT FILE NO. 14013041 SCHEDULE B - SECTION II Schedule B- Section 2 Resolution No. 2014-07 Attachment AGENT FILE N. 513-001 The following standard exceptions should be made a part of any Commitment, unless evidence is presented which would eliminate the need for same: 1 Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2 Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 3 Rights or claims of parties in possession. 4 Construction, Mechanic's, Contractors' or Materialmen's lien claims, if any, where no notice thereof appears of record. 5 Easements or claims of easements not shown by the public records. 6 Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 7. General or special taxes and assessments required to be paid in the year 2014 and subsequent years. Easements, restrictions and other matters affecting title searched: S. Any lien provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. Covenants and Restrictions as set forth in the Grant Award Agreement attached to Warranty Deed recorded in O.R. Book 3972, Page 317 and re-recorded in O.R. Book 4017, Page 564. 10. Riparian and littoral rights are not insured. 11. Those portions of the property herein described being artificially filled in land in what was formerly navigable waters, are subject to the right of the United States Government arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 12. This policy does not insure any portion of the insured parcel lying waterward of the mean -high water line of Banana River. TSR Page 4 of 4 ORT FILE NO. 14013041 REAL PROPERTY TAX INFORMATION TAXES PAID THRU THE YEAR (S) 2013 TAX INFORMATION FOR THE YEAR 2013 AS FOLLOWS: R.E.# 24-37-15-00-00504.0-0000.00 TOTAL ASSESSED VALUE: $1,168,980.00 GROSS TAX AMOUNT: $164.51 DUE OR PAID?: Paid BACK TAXES?: No Resolution No. 2014-07 Attachment AGENT FILL #: 513-001 TSR Page 5 of 5 ORT FILE NO. 14013041 EXHIBIT A Resolution No. 2014-07 Attachment AGENT FILE #: 513-001 A portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida, more particularly described as follows: Commence at a found pk nail and disk at the Southeast corner of said Section 15; thence North 89 degrees 27 minutes 20 seconds West along the South line of said Section 15, 3581.06 feet to a point on the West line of the East 3580.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West along said West line, 1786.50 feet to a set 5/8 inch iron rod with cap (Deithorn lb 6445) on the North line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public Records of Brevard County, Florida, the point of beginning; thence North 89 degrees 24 minutes 45 seconds West along said North line and its Westerly extension, 29.03 feet to a point on the mean water level of the Banana River, elevation 0.57 feet National Geodetic Vertical Datum of 1929, in accordance with Florida Department of Environmental Protection mean high water survey file thence the following seven (7) courses and distances along said mean water level: 1. North 17 degrees 24 minutes 25 seconds East, 97.57 feet; 2. North 08 degrees 55 minutes 33 seconds East, 70.73 feet; 3. North 02 degrees 14 minutes 02 seconds East, 144.69 feet; 4. North 03 degrees 54 minutes 24 seconds East, 183.53 feet; 5. North 04 degrees 56 minutes 14 seconds East, 146.06 feet; 6. North 05 degrees 50 minutes 27 seconds East, 113.96 feet; 7. North 00 degrees 08 minutes 51 seconds East, 150.69 feet to a point on the North line of the South 2685.38 feet of said Section 15; thence South 89 degrees 27 minutes 20 seconds East, along said North line, 7.83 feet to a set 518 inch iron rod with cap (Deithorn lb 6445); thence continue South 89 degrees 27 minutes 20 seconds East, along said North line, 230.00 feet to a set 5/8 inch iron rod with cap (Deithorn lb 6445) on the West line of the East 3323.00 feet of said Section 15; thence South 00 degrees 50 minutes 54 seconds East, along said West line, 899.87 feet to a set 518 inch iron rod with cap (Deithorn Ib 6445) on the North line of said plat of Angel's Isle, said point being North 89 degrees 24 minutes 45 seconds East West 204.31 feet from a found 4 inch by 4 inch concrete monument at the Northeast corner of said plat; thence North 89 degrees 24 minutes 45 seconds West along said North line, 257.08 feet to the point of beginning. Together with an easement for ingress and egress described as follows: A Strip of land being 50.00 feet in width lying to the right of as measured at right angles to and parallel with the following described line being a portion of Section 15, Township 24 South, Range 37 East, Brevard County, Florida and being more particularly described as follows: Begin at the intersection of the East line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public Records of Brevard County, Florida, and the North line of Central Boulevard, a 100.00 foot right of way, as described in Official Records Book 3057, at page 445 of the Public Records of Brevard County, Florida; thence North 00 degrees 50 minutes 54 seconds West, along the East line of said plat, 1.00.03 feet to the Northeast corner of said plat; thence North 89 degrees 24 minutes 45 seconds West, along the North line of said plat, 204.31 feet to the West line of the East 3323.00 feet of said Section 15; thence North 00 degrees 50 minutes 54 seconds West, along said West line, 899.87 feet to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on the North by the North line of the South 2685.38 feet of said Section 15. TSR Page 6 of 6 THtS WSTRUMENT PREPARED BY: REGORt7 AND RMRN TO: Dwight W. severs, Esq. y C florida Bar No. MISS iTl"l.i Poet OfficeBox 4080 rnuswna, FL32782.088 407W4711 Grantao'nN: 59-492774 Property Appralsees Parcel tdenWlcation Na 24 -37 -15 -OD -7$0 WARRANTY DEED Resolution No. 2014-07 Attachment 11111111111111111111111111 CFN:99038074 02-25-99 04:14 pm oa Book/F'age: 3972 / 0317 Sandy Crawford Clerk Of Courts, Brevard County Vas: 14 Marnes:2 Trust: 7.50 Rev. 57.00 Serv:0.00 Deed: 5.$90.00 Excise: 0.00 Mig: 0.00 Int Tax: 0.00 THIS INDENTURE, made this 251" day of February, 1999, by CEVESCO, INC„ a Delaware Corporation, of the .County of Catawba In the State of North Carolina, hereinafter called the Grantor, and the City of Gape Canaveral, a Municipal Corporation organized and existing Under the laws of the State of Florida, whose post office address is Post Office Box 326, Cape Canaveral, FL 32790-0326, hereinafter called the Grantee. (Wherever used harem the terms "graatup" and "grantee" include all of the parties to this instrurnent and their ;pairs, legal tepresontatives, succcuots and assigns. "Grantor" and "grantee" aro used for singular and p1ml, as the context requires and the use of any gander shell include all genders.) WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable considerations, to said Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantees successors and assigns forever, the following described land situate, lying and being in Brevard County, State of Florida, to -wit: A portion of Section 15, Township 24 South , Range 37 East; Brevard County, Florida, more particularly described as follows: Commence at a found pk nail and disk at the Southeast comer of said Section 15; thence North 89 degrees 27 minutes 20 seconds West along the South line of said Section 15, 3581.06 feet to a point on the West line of the East 3580.00 feet of said Section 15; thence North 000 50' 64" West along Bald West line, 1786.50 feet to -a set sra inch iron rod with cap (Delthom Ib 6445) on the North line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public Records of Brevard County, Florida, the point of beginning; thence North 890 24' 45" West along said North line and its Westerly extension, 29.03 feet to a point on the mean water level of the Banana River, elevation 0.57 feet National Geodetic Vertical Datum of 9929, in accordance with Florida Department of Environmental Protection mean high water survey file thence the following seven (7) courses and distances along said mean water level: 1. N 170 24'2V' E, 97.57 feet; 2. N 080 55'3Y E. 70.73 feet; 3. N 020 14'02" E, 144.69 feet; 4. N 030 54' 24" E, 183.53 feet; 5. N 040 56' 14" E. 146.06 feet; 6. N 050 50' 27" E, 113.96 feet; 7. N 000 08' 51" E, 150.69 feet to a point on the North line of the South 2685.38 feet of said Section 15; thence South 890 27' 20" East, along said North line, 7.83 feet to a set 5/8 inch iron rod with cap (Delthom lb 6445); thence continue South 890 27' 20" East, along said North line, 230.00 feet to a set 518 inch iron rod with cap (Deithom lb 6445) on the West line of the East 3323.00 feet of said Section 15; thence South 000 50' 54" East, along said West line, 899.87 feet to a set 518 inch iron rod with cap (Deithom lb 6445) on the North line of said plat of Angel's Isle, said point being North 890 24'45" East West, 204.31 feet from a found 4 inch by 4 inch concrete monument at the Northeast comer of said plat; thence North 890 24' 45" West along said North line, 257.08 feet to the point of beginning. Containing 5.0135 acres more or less East of said mean Water line. Together with an easement for ingress and egress described as follows: Resolution No. 2014-07 Attachment Section 15, Township 24 South, Range 37 l=ast, Brevard County, Florida and being more particularly described as follows: Begin at the Intersection of the East line of the plat of Angel's Isle as recorded in Plat Book 36 at page 77 of the Public Records of Brevard County, Florida, and the North line of Central Boulevard, a 100.00 foot right of way, as described in Official Records Book 3057 at page 445 of the Public Records of Brevard County, Florida, thence North 000 50' W West, along the East line of said plat, 100.03 feet to the Northeast comer of said plat; thence North $90 24' 45" West, along the Forth line of said plat, 204.31 feet to the West line of the East 3323.00 feet of said Section 15; thence North 00° 50'W West, along said West line, 693.87 feet to the point of termination of said 50.00 foot strip of land. Said 50.00 foot strip of land being bound on the South by the North line of said Central Boulevard and on the North by the North line of the South 2685.36 feet of said Section 15. By acceptance of this Warranty need, Grantee herein hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in the Grant Award Agreement attached hereto as Exhibit "A". These covenant and restrictions shall run with the Property herein described. If any of the covenants and restrictions of the Grant Award Agreement are violated by the Grantee or by some third party with the knowledge of the Grantee, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with the Grant Award Agreement without further notice to Grantee, its successors and assigns, and Grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property described herein. Property Appraiser's Parcel Identification Number: 24-37-15-00- �srti This conveyance is subject to easements, restrictions, limitations and conditions of record if any now exist, but any such interests that may have been terminated are not hereby re -imposed. This property is not the homestead property of the Grantor, not contiguous to homestead property, as such homestead is defined under Florida law. AND the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set Grantor`s hand and seat, the day and year first above written. Signed, sealed and delivered in the presence of: CEVI=SCO, INC. By: PRt ED NAME: [+�✓t r' G' !� �rl N! xxS c N D NAME: SeA�� /j AJc lwilrs t 3972 1 0318 STATE OF NORTH CAROLINA COUNTY OF CATAWBA Resolution No. 2014-07 Attachment CFN:99038074 OR sooklPage: 3972 1 0319 HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, C. Hurst Shuford, Jr., President of Cevesco, Inc., known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that he executed the same, and an oath was not taken. Affiant is personally known to me or produced a driver's license Issued within the past five years as identification. WITNESS my day of January, 1999. !an seal at the state and county last aforesaid, this '— �Oes ROOD %0 *�„ Notary Public, State o North Carolina �tG Printed Notary Signature,R/Y�f Q '�`r$q u u��. My Commission expires: Resolution No. 2014-07 Attachment ATTACHMENT E-8 WATERWAYS ASSISTANCE PROGRAM 2014 Project Title: PROJECT TIMELINE Banana River Park Applicant: City of Cape Canaveral The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including, as applicable, completion dates for: permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE: All funded activities must begin AFTER October 1st (or be consistent with Rule 66B-2.005(3) - Pre -agreement expenses) FIND Fonn 96-10 (effective date 04-15-07) 0 C t 2 0 1 4 N o v 2 0 1 4 D e c 2 0 1 4 J a n 2 0 1 5 F e b 2 0 1 5 M a r 2 0 1 5 A p r 2 0 1 5 M a y 2 0 1 5 J u n 2 0 1 5 J A u u I g 2 2 0 0 1 1 5 5 S e p 2 0 1 5 0 c t 2 0 1 5 N o v 2 0 1 5 D e c 2 0 1 5 J a n 2 0 1 6 WATERSIDE FACILITIES (360 days) Grant Award Construction Design of Waterside Facilities Permit Coordination Bid Process Construction Project Close Out/Certification RESTROOMS/PARKING Grant Award Construction Design Permit Coordination Bid Process Construction Project Close Out/Certification FIND Fonn 96-10 (effective date 04-15-07) Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] APPLICATION CHECKLIST M(w Resolution No. 2014-07 Attachment 1 i I •Y.II � .11 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] To Orlando 0 58 Cocoa kac kle d 9 °unfv_ Floricir M errNi Island 520 ASA VTera �,\Boyliee untreeq take WashIn ton I 192 Eau , GaIlle Cape Canaveral Cocoa Beach Melbourne West Melbourne Palm Bair Satellite Beach Indian Harbor Beach Melbourne Bench AI Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] APPLICATION CHECKLIST Resolution No. 2014-07 Attachment Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] APPLICATION CHECKLIST Resolution No. 2014-07 Attachment Itgn 12 1' �r 1 • I I 11 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] ;N 8 R H Resolution No. 2014-07 Attachment IU < I > < < < , < z ,:, E I < < < 0 Do, I U I < o>-- —� < D 00— < U 'N1 - - - - - - - - - - - - - - - - —1— 1-- N a 000£Z 3,0�,�Z62 10 sans Nom sso �s59� so ss+¢HS J �zz saw 11 0 1183 11 U- ju ;N 8 R H Resolution No. 2014-07 Attachment IU < I > < < < , < z ,:, E I < < < 0 Do, I U I < o>-- —� < D 00— < U 'N1 - - - - - - - - - - - - - - - - —1— 1-- N a 000£Z 3,0�,�Z62 10 sans Nom sso �s59� so ss+¢HS J �zz saw 11 0 1183 11 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] APPLICATION CHECKLIST Resolution No. 2014-07 Attachment • rA Itcrn 13 Site Development Map Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] 1 CL v E � I CL I m z Resolution No. 2014-07 Attachment C MENEM CL L yyQ T CU CU CL W E a3 0 CL r� r r� VI 0 CL 0 CU C CU C M� W An, r,, m Ca '# M a_ a fA w c C m � w 0 � 0 a o £ w a. IM2 U a C N - d � Q � % 2 w a` Resolution No. 2014-07 Attachment C MENEM CL L yyQ T CU CU CL W E a3 0 CL r� r r� VI 0 CL 0 CU C CU C M� W An, Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] APPLICATION CHECKLIST Resolution No. 2014-07 Attachment Itcrn 14 Permits Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] 4049 Reid Street + P.O. Box 1429 & Palatka, FL 32178-1429 a (386) 329.4600 On the Internet at tloridaswater.com. REGULATION OF STORMWATER MANAGEMENT SYSTEMS CHAPTER 40C-42, F.A.C. PERMIT NO. 42-009-125509-1 DATE ISSUED: February 2, 20.1.1 A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by Retention and Wet Detention for Banana River Park, and Manatee Park, a16.63- acre project to be constructed as per plans received by the District on January 26, 2011 for Manatee Park, and January 31, 2011 for Banana River Park. LOCATION: SECTION(S): 15,23 Brevard County ISSUED TO: City of Cape Canaveral 105 Polk Ave PO Box 326 Cape Canaveral, FL 32920 TOWNSHIP(S): 24S RANGE(S): 37E This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C-42, F.A.C., issued by the staff of the St. Johns River Water Management District on February 2, 2011. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed. This permit is a legal document and should be kept with your other important records. The permit requires the submittal of an As -built certification and may require submittal of other documents. All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued. An As -built certification form is attached. Complete this form within 30 days of completion of construction of the permitted system, including all site work. .-...... Uponreceiptof the As -built certifications staff will inspect the project site. Oncetheproject.--is found to be in compliance with all permit requirements, the permit may be converted to its operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C-42.028, F.A.C. Permit issuance does not relieve you from the responsibility for obtaining permits from any federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please note that if dewatering is to occur during any phase of construction or thereafter and the surface water GOVERNING GOAnD W. Leonard Wood, t crw.uv Hans G. Tanner III, inc£ citww i wryam H, Glejwi IAFASUIzH JoM A. hi s, qcr IAW FFFURMAUMH dd.IKS[p WLE ORWiDemil ~in [)"as C, Bourwgvo I,WmM Erlef Richard 0. Hamann Arlen N„IwW YEAR KAW CMEDO QAxt£SYIF.£ FORT UM Resolution No. 2014-07 Attachment pump(s), wells, or facilities are capable of withdrawing one million gallons of water per day or more, or an average of 100,000 gallons per day or more over a year, and any discharge is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the District prior to starting the dewatering. Please contact the District if you need additional information or application materials. Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part thereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified, or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a valid permit for the new property owner. Thank you for your cooperation, and if this office can be of any further assistance to you, please do not hesitate to contact us. 1Z.�j4-1j4- John Juillanna, Service Center Director - Palm Bay Department of Environmental Resource Permitting Enclosures: As -built Certification Form Exhibit A cc: District Permit File Agent: John A Pekar PE 8680 N Atlantic Ave Cape Canaveral, FL 32920 Resolution No. 2014-07 Attachment "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-009-125509-1 City of Cape Canaveral DATED FEBRUARY 2, 2011 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 4. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of E=nvironmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C-4.900(3) indicating the actual start date and the expected completion date. 7. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No. 40C-4.900(4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other Resolution No. 2014-07 Attachment final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as -built drawings submitted to the District. Submittal of the completed form shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as -built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleeinbuts, pipes, connections to control structuros, and points of discharge to the receiving waters; 3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine state -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; 4. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; Resolution No. 2014-07 Attachment 5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the system; 6. Existing water elevation(s) and the date determined; and Elevation and location of benchmark(s) for the survey. 11. The operation phase of this permit shall not become effective until the permittee has submitted the appropriate As -Built Certification Form, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7. 1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40, F.A.C. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under rule 40C-1.1006, F.A.C., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of rule 40C-1.612, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit ........ ... ...... violations prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the Resolution No. 2014-07 Attachment permittee shall immediately notify the District. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 20. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased. 21. The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure. The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 22. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name, address, and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 14 days the entity shall submit an Exceptions Report to the District, on form number 40C-42.900(6), Exceptions Report for Stormwater Management Systems Out of Compliance. 23. The project must be constructed and operated in accordance with the plans received by the District on January 26, 2011 for Manatee Park, and January 31, 2011 for Banana River Park. 24. This permit does not authorize work within shoreline wetlands or the surface waters of the Banana River. Resolution No. 2014-07 Attachment Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk s'rwmd.com within twenty-six (26) days of the District depositing the notice of intended District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emalling the notice of intended District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of intended District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the District takes action that substantially differs from the notice of intended District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the maillstreet address or email address described in paragraph no. 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 3. A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal ....... ......... ........ administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Resolution No. 2014-07 Attachment Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 8. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 9. A District action is considered rendered, as referred to in paragraph no. 8 above, after it is signed on behalf of the District, and is filed by the District Clerk. 10. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph no. 8 above will result in waiver of that right to review. NOR.DOC.001 Revised 7127109 Resolution No. 2014-07 Attachment Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: City of Cape Canaveral 105 Polk Ave PO Box 326 Cape Canaveral, FL 32920 At 4:00 p.m. this 2nd day of February, 2011. Division of Regulatory Information Management Margaret Daniels, Acting Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 329-4570 Permit Number: 42-009-125509-1 Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] Resolution No. 2014-07 Attachment OTHER SUPPORTING DOCUMENTATION Rol fjoj i[1 ,w Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] �l Resolution No. 2014-07 r Attachment i Qj ro V N 4--+ a-1 C (j 1 ro J ro 0� DC ro ro [o CO Resolution No. 2014-07 Attachment [THIS PAGE INTENTIONALLY LEFT BLANK] 41W P,.; r AL J Resolution No. 2014-07 I � Attachment I ~ ` a 1 _ � N O r 4-j , � 1 EN i ro CU ac ro C ro m