HomeMy WebLinkAbout11-18-14 Agenda PacketCITY COUNCIL MEETING
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASEKEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
November 18, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
OATHS OF OFFICE:
SELECTION OF MAYOR PRO TEM:
PRESENTATIONS / INTERVIEWS:
6:25 p.m. — 6:35 p.m.
Interview Applicant for appointment to the Board of Adjustment (William "Joe" Elliott).
CONSENT AGENDA:
6:35 p.m. — 6:40 p.m.
Approve Minutes for Regular City Council Meeting of October 21, 2014.
2. Approve the 2015 City Council Regular and Tentative Budget Meeting Schedule.
3. Resolution No. 2014-36; appointing a Member to the Board of Adjustment of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (William "Joe" Elliott)
4. Approve Donation Agreement between Health First, Inc. and the City of Cape
Canaveral for purchase and installation of four exercise/fitness clusters at
Xeriscape Park and authorize the City Manager to execute the Agreement.
5. Accept four (4) Public Utility Easement Agreements for property north of Lift
Station #6; authorize execution by the City Manager; approve credits for future
City of Cape Canaveral, Florida
City Council Meeting
November 18, 2014
Page 2 of 2
Sanitary Sewer Connection Fees and/or Impact fees in the amount of $83,100
and record a consensus related to a future unification instrument.
PUBLIC HEARING:
6:40 p.m. — 7:00 p.m.
6. Ordinance No. 14-2014; adopting the amendments to the Annual General Fund,
Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds
and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1,
2013, and ending September 30, 2014; providing for the repeal of prior
inconsistent ordinances and resolutions; providing for an effective date, second
reading.
7. Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date, first
reading.
REPORTS:
7.00 p.m. — 7:15 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of
the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting.
OATH OF OFFICE
I, Robert E. Hoog, do solemnly swear that I will support, protect, and
defend the Constitution of the United States of America and of the State
of Florida and the Charter and Ordinances of the City of Cape
Canaveral, Florida; and that I am entitled to hold office in the City of
Cape Canaveral, Florida; and that I will faithfully perform all of the
duties of the Office of City Council of the City of Cape Canaveral. So
help me God.
ROBERT E. HOOG
ATTEST:
Angela M. Apperson, MMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 18th day of November 2014
OATH OF OFFICE
I, Betty Walsh, do solemnly swear that I will support, protect, and
defend the Constitution of the United States of America and of the State
of Florida and the Charter and Ordinances of the City of Cape
Canaveral, Florida; and that I am entitled to hold office in the City of
Cape Canaveral, Florida; and that I will faithfully perform all of the
duties of the Office of City Council of the City of Cape Canaveral. So
help me God.
BETTY WALSH
ATTEST:
Angela M. Apperson, MMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 18th day of November 2014
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
PRESENTATIONS / INTERVIEWS
Subject: Interview Applicant for appointment to the Board of Adjustment. (William "Joe"
Elliott)
Department: Community and Economic Development
Summary:
On October 22, 2014, the Board of Adjustment interviewed Mr. William Joseph Elliott to
fill a vacancy. Mr. Elliott is a Quality Engineer who has worked in the space industry
and resides in the City. He has served as a member of the Cape Canaveral Planning &
Zoning Board. He states that his primary reason to serve on an advisory board is to
protect the green space and beauty of the City (Attachment 1).
Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or
appointed to serve on a board or committee of the City shall complete interviews with
the Board or Committee on which the person is seeking appointment and with the City
Council.
Based on Mr. Elliott's interview and interest in the City of Cape Canaveral Board of
Adjustment, the Board recommends that he be appointed by the City Council
(Attachment 2).
Submitting Department Director: Todd Morley Date: 11-03-2014
Attachments:
#1 — Advisory Board Application
#2 — Recommendation
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: 11/4/14
The City Manager recommends that City Council take the following action:
Interview Applicant William Joseph Elliott.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code also
prohibits a person from serving on a City Board or Committee if that person has been convicted of a
felony, unless their civil rights have been restored. AUG 27 2014 MG
Please complete the following in the space provided:
A. GENERAL
1 Applicant Name: William Joseph (Joe) Elliott
2. Home Address: 141 Aquarius Way Apt J
3. Home and Cellular Telephone: 321-749-0253
4. Occupation: Quality Engineer
5. Business Telephone: 31-853-5064
6. Business Address: 1619 SAB Rd, Cape Canaveral Air Force Station FL
7. E-Mail: joecool@bikramyogami.com
8. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible to
serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) X (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) X (N)
3a. Are you a Business owner: (Y) X (N)
3b. If yes to 3a. please list the name: Bikram Yoga On The Island, Merritt Island
4a. Have you ever been convicted or found guilty, regardless
of adjudication, or a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) X
4b. If yes to 4a, have your civil rights been restored? (Y) (N)
5a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) X
5b. If yes to 5a. please list each:
Page 1 of 3
City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being WJE
appointed to a board or committee, Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) X (N)
7a. Are you related to a City of Cape Canaveral Council
member by blood, adoption, or marriage? (Y) (N) X
7b. If yes to 7a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I want to protet the green spaces and beauty of Cape Canaveral
2. In numerical sequence (1 = most interested), please rank which advisory board or committee
on which you wish to serve:
a. 1 Board of Adjustment*
b. 4 Business and Economic Development !ioard*
c. 2 Code Enforcement Board*
d. 3 Community Appearance Board*
e. Construction Board of Adjustment and Appeals*
f. Culture and Leisure Services Board
g. Library Board
h. Planning and Zoning Board*
i. Other:
*Members of these boards are required to complete and file with the supervisor of Elections. a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following
the initial appointment while still a member of said board.
3. Briefly state any prior experiences in serving on any governmental board or committee:
Served on Planning & Zoning Board in Cape Canaveral
4. Pease list any specialized skills and training (e:g, architect, engineer, general contractor, etc )
that you feel help to qualify you for membership on the desired board or committee.
D. STATE REPORTING REQUIREMENTS
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of
State disclosing race, gender, and physical disabilities of board and committee medibers. Please
check the appropriate boxes:
Page 2 of 3
RACE GENDER
African-American X Male
Asian-American Female
Hispanic-American Not Known
Native-American
X Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE
BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO
RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE
LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE
APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR
SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Appointment to any City board is subject to City Council approval following a brief interview
before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from date of completion.
• If you should have any questions regarding the completion of this application, please contact
the City Clerk's Office at (321) 868-1220 ext. 221.
Signature: William Joseph Elliott Date: 8/25/14
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral Florida 32920
For Office Use Only:
Date application received: 8/27/14
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Page 3 of 3
Joe Elliott 321 799-0253(H)
141 J Aquarius Way 321 853-5064(W)
Cape Canaveral,FL 32920 email:joecool@digital.net
Wm. Joseph (Joe) Elliott
Objective
Leadership position in a company dedicated to achieving excellent results in quality,
cost, delivery, and customer satisfaction.
Areas of Experience
Management Systems
Management of annual $13.8 million Operations and Maintenance budget
ISO 9000(ISO Management Representative for Launch Operations Support Contract (LOSC))
ISO 14000 (Key player in certification for one of the first 25 companies in US to be certified)
Florida Sterling Criteria for Organizational Performance Excellence (Examiner for four years)
Budget Management
Managed Operations and Maintenance budget of$13.8 million
o Budget for personnel labor force of 145, included tracking by Work Breakdown Structure, cost
codes, funding sources and eight departments
o Tracked actuals vs budget
o Produced variance analysis reports
Produced financial estimates for O&M of facilities or for specific tasks
Process Management—Establish process management components
Mapping
Documentation
Measurement
Continuous Improvement
Cost Avoidance/Savings
o Developed process that initiated, implemented and documented over $11 million in savings over
three years
Corrective/Preventive Action —Develop corrective/preventive action systems
Incident investigations
Problem identification & Root Cause analysis
Corrective Action determination and implementation
Effectiveness reviews
Chairman of Corrective Action Boards
Internal Audits—Responsible for all aspects of internal audit program
Program management
Audit schedule coordination
Audit performance
Provide training
Management Reviews —Develop and conduct management reviews
Strategic planning
Performance measures
Balanced scorecard
Performance improvement plans
Systems Reliability/Safety - Perform system analysis
System Assurance Analysis (SAA)
Failure Modes Effect and Criticality Analysis (FMECA)
Hazard analysis
Fault Tree Analysis
Work History
Quality Supervisor: May 2009— present. Space Coast Launch Services, Cape Canaveral Air Force
Station, FL
Technical Manager: July 2005 — May 2009. Space Coast Launch Services, Cape Canaveral Air
Force Station, FL
Quality Manager: October 2000 — June 2005. Jacobs Engineering - Sverdrup Technology, Inc.,
Cape Canaveral Air Force Station, FL
Metrics Specialist: June 1998 — October 2000. Sverdrup Technology, Inc., Cape
Canaveral Air Force Station, FL
Quality Assurance Manager: December 1995 — May 1998. Brown & Root Services Company,
Cape Canaveral Air Force Station, FL
Lead Trend Analysis Engineer: March 1990 — February 1995. Analex Space
Systems Inc., Kennedy Space Center, FL
Reliability/System Safety Engineer: June 1988 — March 1990. EG&G Florida, Inc., Kennedy
Space Center, FL
Reliability Engineer: June 1985 - June 1988. McDonnell Douglas Astronautics Company,
Titusville, FL
Teacher: August 1984 — June 1985. Volusia County Public Schools, Deland, FL.
Taught Geometry and Basic Computers at Seabreeze High School in Daytona
Beach.
Teacher: August 1983 — June 1984: Mingo County Public Schools, Williamson, WV.
Taught Advanced Math, Business Math, General Math, Geometry, and Algebra at
Burch Junior/Senior High School in Delbarton, WV.
Education
Master of Science, Systems Management, Florida Institute of Technology, Melbourne, FL; 1987
1991
Bachelor of Science, Mathematics/Physics, Morehead State University, Morehead, KY 1978 1983
Page 1 of 2
Attachment 2
105 Polk Avenue, Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL
P.O. Box 326
321-868-1222 Community& Economic Development
Memo
TO: Cape Canaveral City Council
VIA: David L. Greene, City Manager
FROM: David Dickey,Planning and Zoning Director
DATE: 11/03/2014
RE: Recommendation to the City Council—Board of Adjustment Applicant
William"Joe"Elliott
At the October 22, 2014 Board of Adjustment Meeting, the Board interviewed William"Joe"Elliott
to fill a current vacancy. By unanimous vote,the Board recommended Mr. Elliott for appointment.
CITY COUNCIL REGULAR MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
October 21, 2014
6:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 6:02 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Council Member Bob Hoog
Mayor Pro Tern Buzz Pestos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
Administrative Services Director Angela Apperson
Finance Director John DeLeo
Community & Economic Development Director Todd Morley
Planning & Zoning Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
Cape Canaveral Volunteer Fire Dept. Assistant Chief Tracy Braley
PUBLIC PARTICIPATION:
Ray Osborne noted it is the 25th year the City has been a Tree City. He distributed
copies of a 2007 article he wrote for Florida Today regarding planting of mangrove
saplings at Manatee Sanctuary Park. He explained the work of the White House to
declare an investment in green infrastructure and that Act Trees is accepting videos of
community tree plantings. He requested to talk to Staff about planting more trees.
Mayor Randels listed vegetation/trees that have been planted and explained work
City of Cape Canaveral, Florida
City Council Regular Meeting
October 21, 2014
Page 2 of 5
planned for North Atlantic Avenue. Mayor Pro Tern Petsos clarified the vegetation/trees
the Mayor listed was work completed over the last four years and did not include the
previous work. Mr. Osborne advocated planting additional trees at Manatee Sanctuary
Park, which are not Palm trees. He explained the availability of trees through Act Trees.
City Manager Greene indicated the work done in the last four years includes about 350
trees of various types. Mr. Greene felt there was a dramatic difference in the City over
the last four years and this will continue on North Atlantic Avenue. Mr. Greene stated
this continues to be a City focus, as well as the City having two Certified Arborists on
Staff.
PRESENTATIONS / INTERVIEWS:
Presentation to the Financial Services Department of The Certificate of Achievement for
Excellence in Financial Reporting Fiscal Year ending September 30, 2013: Mayor
Randels presented the Certificate to Finance Director John DeLeo. Mr. DeLeo shared
the award with his Staff and spoke of their hard work/dedication to excellence. It was
noted this Certificate has been received for the last 19 years.
Mayor Randels noted a Proclamation he signed for Dysautonomia Awareness Month.
Interview Applicant Maria (Mickie) Kellum for appointment to the Culture and Leisure
Services Board: Attorney Garganese asked Ms. Keilum if all the information on her
application was true and correct, to which she replied in the affirmative. Ms. Kellum
explained her desire to give back to the City which has given so much to her family over
the last 25 years. She reviewed her experience and how it could assist the City. Mayor
Randels asked Ms. Kellum to share information about the American Cancer Society
Walk hosted by the VFW, to which she stated $5,400.00 was raised on the event date
and donations continue to be received.
Obtain consensus on path forward for completion of an updated Stormwater Master
Plan and incorporate any approved changes in a Final Report: Mr. Gordon England
explained increased regulations that led to the Basin Management Action Plan (BMAP),
the amount of phosphorus/nitrogen which must be removed, the activities which provide
removal credits; the GIS data that was collected as a part of the project, mistakes in
work previously done by Florida Department of Environmental Protection (FDEP), a list
of 21 potential projects Which could be done to meet the regulation requirements and
how this information was used to update the Stormwater Master Plan. He encouraged
the City to continue working with FDEP to meet the regulations and correct data errors.
Mayor Randels reviewed grants received to offset the unfunded mandates of the
regulations and thanked Staff for their work. Questions and statements from City
Council Members included compliments/encouragement and concern over the cost of
property acquisition. A motion was made by Mayor Pro Tem Petsos, seconded by
Council Member Walsh, for approval of the path forward. The motion carried 5-0
with voting as follows: Council Member Bond, For; Council Member Hoog, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 21, 2014
Page 3 of 5
CONSENT AGENDA:
Mayor Randels inquired if any items are to be removed from the Consent Agenda for
discussion. No items were removed.
1. Approve Minutes for Special City Council Meetings of September 3, 2014 and
September 16, 2014 and Regular City Council Meeting of September 16, 2014:
2. Approve Change Order #2 to Wm. Turnbaugh Construction, Inc., in the amount
of $59,400.00 for completion of the Pedestrian Way at Manatee Sanctuary Park and an
additional $2,030.50 in engineering and testing costs; and authorize the City Manager to
execute the same:
3. Approve the First Addendum to the Lease Agreement for the Fire Station (190
Jackson Ave.):
4. Resolution No. 2014-33; revising the Addendum to the Agreement for Municipal
Law Enforcement Services between the City of Cape Canaveral Florida and Wayne
Ivey, as Sheriff of Brevard County providing for the repeal of prior, inconsistent
resolutions; and an effective date:
5. Resolution No. 2014-34; reappointing a Member to the Business and Economic
Development Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions; severability, and an effective date. (Melanie Evans):
6. Resolution No 2014-35; appointing a Member to the Culture and Leisure
Services Board of the City of Cape Canaveral; providing for the repeal of prior
inconsistent resolutions; severability; and an effective date. (Maria "Mickie" Kellum):
A motion was made by Council Member Hoog, seconded by Mayor Pro Tern
Petsos, to approve the Consent Agenda The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tern
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
PUBLIC HEARING:
7. Ordinance No. 13-2014; adopting a revised Solid Waste Franchise Agreement
with Waste Pro of Florida, Inc. pursuant to Section 2.12(3) of the City Charter; adopting
the Solid Waste Rates set forth in the Solid Waste Franchise Agreement; providing for
repeal of prior inconsistent ordinances and resolutions, incorporation into the Code,
severability, and an effective date, second reading: Attorney Garganese read the
Ordinance title into the Record. The Public Hearing was opened. No comments were
received and the Public Hearing was closed. City Manager Greene explained the
changes to the Contract, the rates, which are the lowest among municipalities in
City of Cape Canaveral, Florida
City Council Regular Meeting
October 21, 2014
Page 4 of 5
Brevard County and advocated to continue to work with Waste Pro of Florida. A motion
was made by Mayor Pro Tem Petsos, seconded by Council Member Bond, for
approval of Ordinance No. 13-2014. Mayor Randels offered an additional opportunity
for public comment and none was received. The motion carried 5-0 with voting as
follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem
Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
8. Ordinance No. 14-2014: adoptinq the amendments to the Annual General Fund,
Special Revenue Funds, Agency Fund, Capital Project Funds Enterprise Funds and
Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013, and
ending September 30, 2014; providing for the repeal of vrtor inconsistent ordinances
and resolutions; providing for an effective date, first reading: Attorney Garganese read
the Ordinance title into the record. Mayor Randels explained the Ordinance purpose.
The Public Hearing was opened. No comments were recieved and the Public Hearing
was closed. Mayor Randels noted the anticipated ending fund balances. A motion
was made by Mayor Pro Tem Petsos, seconded by Council Member Walsh, for
approval of Ordinance No. 14-2014. The motion carried 5-0 with voting as follows:
Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For; and Council Member Walsh, For.
ITEMS FOR ACTION:
9. Consider Application for Satisfaction or Release of $77,850.00 Code
Enforcement Lien, Case No. 11-00040; 8852 N. Atlantic Avenue: This item was
withdrawn at the request of the Applicant and no action was required.
10. Consider Application for Satisfaction or Release of $5,925.00 Code Enforcement
Lien, Case No. 12-00012, 01, 203:205 Jefferson Avenue: Mayor Randels reviewed
the violation, the accrual of the Lien and actions taken to bring the property into
compliance. He explained the Applicant/Current Owner's request for reduction in the
Lien ariibunt. City Manager Greene reviewed the calculations and the recommendation
of the Code Enforcement Board. Property Owner Mr. Mustapha Khan explained his
desire for reduction in the Lien amount beyond what is recommended by Staff/Code
Enforcement Board Discussion ensued and included: whether the Applicant was
aware of the Lien,prior to purchasing the property; that the Applicant is living in the
property; how quickly the Applicant brought the property into compliance; and that each
lien reduction must he fudged upon its own merits. City Manager Greene modified the
recommendation to -reduce the Lien to $3,000.00. A motion was made by Council
Member Bond, seconded by Council Member Hoog, that we follow the City
Manager's guidelines to reduce the lien to $3,000.00. The motion carried 5-0 with
voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For.
Mayor Randels noted the City desires for compliance rather than taking people's
money.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 21, 2014
Page 5 of 5
REPORTS:
Council Member Hoog complimented Staff on the improvements at Manatee Sanctuary
Park.
Mayor Randels noted the activities of City Government Week.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:20 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
Administrative Services Director
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
Item No. 2
Subject: Approve the 2015 City Council Regular and Tentative Budget Meeting
Schedule.
Department: Administrative Services
Summary: A yearly meeting Schedule assists everyone in planning activities
necessary to complete the City's business. Although we are not able to identify the
exact day for the Budget Hearings, the Schedule includes tentative Budget Meetings
providing Council Members with as much notice as possible. The Schedule was
created using current practice. It takes into consideration holidays and other notable
events such as CRA Meetings, National Night Out and the City Election.
Submitting Department Director: Angela M. Apperson Date: 10/24/2014
Attachment: Schedule
Financial Impact: Staff time to prepare schedule and agenda item.
Reviewed by Finance Director: John DeLeo Date: 10/28/14
The City Manager recommends that City Council take the following action:
Approve the Meeting Schedule.
Approved by City Manager: David L. Greene Date: 10/24/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
2015 City Council Regular Meeting Schedule
and Tentative Budget Meeting Schedule
Agenda Cut-off at 430 PM Agenda & Packet Due by Council Meeting
Close of Business 6:00PM unless noted
1/6/2015 - Date Reserved*
1/7/2015 1/13/2015 1/20/2015
2/3/2015 - Date Reserved*
2/4/2015 2/10/2015 2/17/2015
3/3/2015 - Date Reserved*
3/4/2015 3/10/2015 3/17/2015
also if needed CRA 5:00 PM 1
4/7/2015 - Date Reserved*
4/8/2015 4/14/2015 4/21/2015
5/5/2015 - Date Reserved*
5/19/2015
5/6/2015 5/12/2015 also if needed CRA 5:00 PM
6/2/2015 - Date Reserved*
6/3/2015 6/9/2015 6/16/2015
7/7/2015 - Date Reserved*
7/8/2015 7/14/2015 7/21/2015 also Budget
Workshop 4:00 PM
8/3/2015 - Date Reserved*
8/5/2015 8/11/2015 8/18/2015 also if needed
Budget Workshop 4:00 PM
and CRA 5:00 PM
9/1/2015 - Date Reserved*
Week of Sept 5th - 9th - First Budget Hearing exact day/time TBD
Note: Historically Brevard County and the School Board have met on Tuesday and Thursday. Florida Law
does not allow the City to hold meetings on the same day.
9/2/2015 9/8/2015 9/15/2015
Week of Sept 19th - 23rd - Second Budget Hearing exact day/time TBD
Note: Historically Brevard County and the School Board have met on Tuesday and Thursday. Florida Law
does not allow the City to hold meetings on the same day.
10/6/2015 - Date Reserved*
10/7/2015 10/13/2015 10/20/2015
11/5/2015 - Date Reserved*
11/4/2015 11/10/2015 11/17/2015
also if needed CRA 5:00 PM
12/1/2015 - Date Reserved*
12/2/2015 12/8/2015 12/15/2015
*These dates are reserved if a meeting is necessary. Agendas will be published 1 week before the meeting.
Approved by Council:
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
Item No. 3
Subject: Resolution No. 2014-36; appointing a Member to the Board of Adjustment of
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date. (William "Joe" Elliott)
Department: Community and Economic Development
Summary: After having interviewed Applicant William "Joe" Elliott at tonight's meeting,
it is now incumbent upon the City Council to adopt Resolution No. 2014-36 appointing
Mr. Elliott to the Board. The term of appointment shall be until October 1, 2017.
This appointment will begin the Member's first (3) three-year term allowed under the
limits referenced in the City Code of Ordinances Sec. 2-171(f) Term, all Board and
Committee Members shall be appointed to serve a three-year term and may be
reappointed by the City Council for one additional three-year term. There shall be no
limit on the total number of terms a Board or Committee Member may serve, except no
person shall be appointed to more than two consecutive terms on the same board or
committee unless no other qualified applicants submit applications seeking
appointment.
Notwithstanding, the City Council may appoint a Member to a term of less than three
years in order to stagger the terms of the entire board or committee. If a Member is
removed or vacates their appointment for any reason, including death, excessive
absence or resignation prior to the expiration of their term, the City Council may at its
discretion appoint an individual to serve the remaining portion of the unexpired term.
Submitting Department Director: Angela Apperson Date: 11-04-2014
Attachment: Resolution No. 2014-36
Financial Impact: Staff time to prepare item.
Reviewed by Finance Director: John DeLeo Date: 11/4/14
The City Manager recommends that City Council to take the following action:
Adopt Resolution No. 2014-36.
Approved by City Manager: David L. Greene Date: 11/4/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION 2014-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A
MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF
CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida has by City Code
Section 110-2, established a Board known as the Board of Adjustment; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Member to said Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby
incorporated herein by this reference as a material part of this Resolution.
Section 2. Appointment to Board of Adjustment. Pursuant to Section 2-171(e) of the Cape
Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the
following individual to the Cape Canaveral Board indicated below:
William Joseph Elliott shall be appointed to the Board of Adjustment, to serve until
October 1, 2017.
Following completion of the initial term, the appointee shall be eligible for reappointment to the
Board of Adjustment for an additional term consistent with the limitations set forth in section 2-
171(f), City Code.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
(Adoption page follows)
City of Cape Canaveral
Resolution No. 2014-36
Page 1 of 2
ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral,
Florida, assembled this 18th day of November, 2014.
Rocky Randels, Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, MMC Bob Hoog
City Clerk Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2014-36
Page 2 of 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
Item No. 4
Subject: Approve Donation Agreement between Health First, Inc. and the City of Cape
Canaveral for purchase and installation of four exercise/fitness clusters at Xeriscape
Park and authorize the City Manager to execute the Agreement.
Department: Leisure Services
Summary: Health First, Inc. representatives met with City Staff in June 2014. The
discussion/meeting engendered the idea of Health First, Inc. donating funds to help
promote themselves, while improving the health of residents and visitors to the City.
They desire to partner with the City to make a positive health impact on the community.
Staff proposed several options and the mutually agreed outcome encompassed the
purchase of exercise/fitness clusters to be installed at Xeriscape Park (Attachment #1).
Health First, Inc. will donate ten thousand dollars ($10,000) over two fiscal years
(2014/2015 and 2015/2016), and the City would match a portion of the funds needed to
complete the purchase plus all the labor/materials necessary to install the equipment.
The exercise/fitness clusters will allow residents and visitors to freely exercise in a
beautiful park setting improving not only physical, but mental health as well. The new
amenities will bring the community together and increase use of an underutilized facility.
The opportunity for a guided fitness class through a contracted instructor can be created
assisting Leisure Services with revenue generation. Acknowledgement of Health First,
Inc. at each exercise/fitness cluster will be included in the proposed signage.
In the FY2014/2015 Budget, City Council approved purchase of exercise/fitness clusters
as part of the Leisure Services Capital Improvement Program, CIP #LS-5, Health Park
at Xeriscape Park (Attachment #2).
It is recommended that the City Council: 1. approve Donation Agreement (Attachment
#3) and 2. authorize the City Manager to execute same.
Submitting Department Director: Gustavo Vergara Date: 11/4/2014
Attachments:
#1 Exercise/Fitness Cluster Proposal
#2 CIP #LS-5 (Page 134 of 14/15 Budget)
#3 Cape Canaveral Donation Agreement
Financial Impact: $18,010 in cash, out of which $10,000 will be donated by Health
First, Inc. over two fiscal years; time of Infrastructure Maintenance to install equipment;
and Staff time to prepare and review Agenda item.
Reviewed by Finance Director: John DeLeo Date: 11/10/14
City Council Meeting Date: 11/18/2014
Item No. 4
Page 2 of 2
The City Manager recommends that City Council take the following actions:
Approve Donation Agreement between Health First, Inc. and the City of Cape
Canaveral for purchase and installation of four exercise/fitness clusters at Xeriscape
Park and authorize the City Manager to execute the Agreement.
Approved by City Manager: David L. Greene Date: 11/10/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ATTACHMENT 1
3125 Skyway Circle
Melbourne,Fl.32934
Play Space Services, Inc. Phone 1-321-775-0600 Fax 1-321-242-2216
Innovative Solutions Toll Free-888-653-7529
Date: 10/30/2014 PROPOSAL Proposal# 11260
Prepared for: G.Vergara Payment Terms: Net 30
Customer Phone: (321)868-1226
Customer Fax: Proposal Valid Until: 11/29/2014
Organization: City of Cape Canaveral Ship To
105 Polk Ave.
Cape Canaveral,FL 32920
Scope of Services: Sales Rep PB
DESCRIPTION OTY U/M COST TOTAL
PROPOSAL IS FOR SUPPLY AND DELIVERY ONLY
Rubber Designs Fitness Equipment A 1 4,675.00 4,675.00T
Rubber Designs Fitness Equipment B 1 2,850.00 2,850.00T
Rubber Designs Fitness Equipment C 1 4,350.00 4,350.00T
Rubber Designs Fitness Equipment D 1 3,675.00 3,675.00T
Rubber Designs Fitness Equipment Signage 4 100.00 400.00T
Discount Based on The School District of Osceola County Contract#SDOC 1 -797.50 -797.50T
14-B-075-LH,-5%on Rainbow Turf Products
Freight Charges 1 950.00 950.00T
Freight charges are subject to change and must be verified at time of order. 0.00 0.00T
Subtotal $16,102.50
In the unlikelyevent that Play/Space is required to file civil action or institute any
collection efforts against customer,customer agrees to pay any and all costs,fees,
expenses and attorney fees incurred by PlaySpace,regardless of whether suit is actually Sales Tax(0.00) $0.00
filed,and including but not limited to any and all costs,fees,expenses and attorney fees
incurred on appeal or in any post judgement collection efforts or proceedings. TOTAL $16,102.50
Signature: Print Name/Title: Date P.O.#
The above quotation is based upon site access for heavy equipment and soil conditions of 2000 PSI. If during excavation of foundations,
necessary per manufactureres specifications,conditions exceed normal,our contractor shall notify the owner immediately. This shall include
all types of rock, vegetation and any unforseen hazards. There will be additional charges incurred to clear the area and or the abuttment hole
so that installation can be completed over and above the charge for the original footer work.
Every effort is made to supply our customers the materials,equipment and structures as specified within this proposal. In the event of
unforeseen circumstances,we reserve the right to substitute materials,equipment or structures which we deem equivalent. In these
instances,the customer will be notified of the substitution.
[pictures]
[picture and construction plans]
[very low-quality black-and-white scan of a paper with pictures telling you how to perform certain exercises]
[picture and construction plans]
[black-and-white scan of a paper with pictures telling you how to perform certain exercises]
[picture and construction plans]
[black-and-white scan of a paper with pictures telling you how to perform certain exercises]
[picture and construction plans]
[black-and-white scan of a paper with pictures telling you how to perform certain exercises]
ATTACHMENT 2
Leisure Services
Capital Improvement Program Detail
Project Name: Health Park at Xeriscape Park CIP # LS - 5
Department: Leisure Services Project Code: TBD
Location: Xeriscape Park Project Manager: G. Vergara
Project Start Date: FY14-15 Original Plan Date:
Description/Justification:
Description: Purchase and Install 3 exercise clusters made out of 100% recycled plastic for Xeriscape Park.
Justification: Park is underutilized. Residents have requested exercise stations of this kind and Health First is covering over 50%
of cost.
Consistency with Council Goals:
Implement Envision Cape Canaveral.
Project Expenditures/Funding Sources:
Project Costs: FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 Total
Exercise clusters, installations materials, 18,010 18,010
Informational Kiosk.
Total Project Costs 18,010 18,010
Sources of Funds: FY14-15 FY15-16 FY16-17 FY17-18 FY18-19 Total
GF - SPIA 8,010 8,010
Health First - $10,000 over 2 years 10,000 10,000
Total Project Funding $ 18,010 $ $ $ $ $ 18,010
Page 134
ATTACHMENT 3
CAPE CANAVERAL
DONATION AGREEMENT
THIS DONATION AGREEMENT("Agreement")is made and entered into on this day
of , 2014, by and between the CITY OF CAPE CANAVERAL, a Florida Municipal
Corporation,whose address is 105 Polk Avenue,Cape Canaveral,Florida 32920("City"),and HEALTH
FIRST, INC., a Florida Non-Profit Corporation, whose address is 6450 US Highway 1, Rockledge,
Florida 32955("Donor").
WITNESSETH:
WHEREAS, the City Council of the City of Cape Canaveral desires to have a positive health
impact on its community;and
WHEREAS, the City Council desires to purchase and install fitness equipment clusters within
the footprint of a City Park for the purpose of providing a means for such positive health impact on its
community, as well as to provide a community gathering place and a cultural attraction for residents and
visitors of the City;and
WHEREAS,the City Council believes that providing fitness equipment clusters on City property
in a central location such as Xeriscape Park will attract residents and visitors and will mutually benefit the
wellbeing of the residents,visitors and the City alike;and
WHERAS, the projected cost of the purchase and installation of the fitness equipment is
approximately twenty-thousand,seven-hundred dollars($20,700.00);and
WHEREAS,the Donor desires to donate ten-thousand dollars($10,000.00)to help offset the cost
of the City's purchase and installation of the fitness equipment cluster in the City Park;and
WHEREAS, the City Council desires to publicly acknowledge Donor for its provision of
donation funds for the fitness equipment clusters in the City Park.
NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other
good and valuable consideration which the parties acknowledge,the parties agree as follows:
1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully
incorporated into this Agreement.
2.0 Donation of Funds and Acknowledgment. Donor agrees to the following:
2.1 Donation. Donor agrees to donate to the City the sum of Ten-Thousand Dollars and 00/100
($10,000.00) ("Donation"). The Donation shall be paid in two annual installments of Five-
Thousand Dollars and 00/100 ($5,000.00) each, to be payable on October 1, 2014 and
October 1, 2015, respectively. The City shall utilize the Donation to help off-set the costs
associated with the City's purchase and installation of four fitness equipment clusters
("Equipment") to be located within the City's Xeriscape Park. Such Equipment shall
remain the sole and exclusive property of the City.
2.2 Acknowledgment of Donor. The City shall acknowledge the Donor via at least four signs,
which signs shall be located near the Equipment at Xeriscape Park ("Signs"). The size,
design, and location of the Signs shall be in the City's sole discretion. Each of the Signs
shall state that the Equipment is provided by the City of Cape Canaveral in partnership with
Page 1 of 5
Health First, Inc. The Signs shall remain for so long as the Equipment is maintained at
Xeriscape Park. In the event the City removes or replaces the Equipment, the City shall be
relieved of its obligations under this Agreement and may remove the Signs. However,
should the Equipment purchased be moved to a new location and the Equipment is still in
public use, the Signs shall be relocated along with the equipment. The Signs shall remain
the sole and exclusive property of the City.
The City reserves the right to cancel or remove the Signs without notice to Donor for
nonpayment of the Donation set forth in Subsection 2.1 herein.
3.0 No Assignment. This Agreement shall not be assigned or transferred without the express written
consent of the other party.
4.0 Public Records. In accordance with section 119.0701, Florida Statutes, Donor agrees that all
documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means of
transmission,made or received pursuant to this Agreement or in connection with any funds provided
by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119,
Florida Statutes. Each party agrees to keep and maintain any and all public records that ordinarily
and necessarily would be required in order to perform the services required by this Agreement. Each
party also agrees to provide the public with reasonable access to public records and at a cost that
does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law.
Each party shall also ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law. In addition,
both parties shall meet all requirements for retaining public records and transfer, at no cost, to the
other party all public records in possession of the other party upon termination of this Agreement and
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the other party in a
format that is mutually agreed upon. If a party does not comply with a public records request, the
other party shall have the right to enforce the provisions of this Paragraph. In the event that a party
fails to comply with the provisions of this Paragraph, and the other party is required to enforce the
provisions of this Paragraph, or the other party suffers a third party award of attorney's fees and/or
damages for violating the provisions of Chapter 119, Florida Statutes due to a party's failure to
comply with the provisions of this Paragraph,the prevailing party shall be entitled to collect from the
other party attorney's fees and costs,and any damages incurred by enforcing this Paragraph. And, if
applicable,the prevailing party shall also be entitled to reimbursement of any and all attorney's fees
and damages which were required to pay a third party because of the other party's failure to comply
with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.
5.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any
respect whatsoever create any rights on behalf of any third parties.
6.0 Legal Representation. The parties acknowledge that Brown, Garganese, Weiss& D'Agresta, P.A.,
and the attorneys therein, have acted as counsel for City in connection with this Agreement and the
transactions contemplated herein,and have not given legal advice to any party hereto other than City.
7.0 Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless remain in full force and effect, unless the absence of the
invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essential
purposes.
Page 2 of 5
8.0 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with
the laws of the State of Florida.The parties further agree that in any dispute between them relating to
this Agreement, exclusive state court jurisdiction shall be in the trial courts located in Brevard
County, Florida, and exclusive federal court jurisdiction shall be in Orlando, Florida, any objections
as to jurisdiction or venue in such courts being expressly waived.
9.0 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with this
Agreement between the parties hereto,the prevailing party in such litigation or controversy shall be
entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees,
expenses and suit costs, including those associated with any appellate or post judgment collection
proceedings.
10.0 Non-Waiver. No delay or failure by either party to exercise any right under this Agreement,and no
partial or single exercise of that right, shall constitute a waiver of that or any other right, unless
otherwise expressly provided herein.
11.0 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement
shall be in writing and shall be deemed given under the following circumstances: when delivered in
person; or upon confirmed receipt or refusal after being deposited in the United States Mail, postage
prepaid, certified or registered; or upon confirmed receipt or refusal after being deposited with a
recognized overnight mail or courier delivery service; and addressed as follows (or to such other
person or at such other address,of which any party hereto shall have given written notice as provided
herein):
To City: City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral,Florida 32920
PH: (321)868-1230
To Donor: Matthew Gerrell,VP/Marketing
Health First, Inc.
6450 US Highway 1
Rockledge,Florida 32955
PH: (321)434-4333
With a copy to: David Mathias, Sr.VP/Corporate Counsel
Health First,Inc.
6450 Highway US 1
Rockledge,Florida 32955
PH: (321)434-4355
12.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered, shall be an original; but such counterparts shall together constitute
but one and the same instrument.
13.0 Interpretation. The parties have participated in the drafting of all parts of this Agreement, and have
each had an opportunity to review this Agreement with legal counsel. As a result, it is the intent of
the parties that no portion of this Agreement shall be interpreted more harshly against either of the
parties as the drafter.
Page 3 of 5
14.0 Independent Contractor. Donor shall be considered an independent contrator under this
Agreement.
15.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the
parties and supersedes all prior negotiations, representations, or Agreements, either oral or written,
and all such matters shall be deemed merged into this Agreement.
16.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity
under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability
under state or federal law. As such, the City shall not be liable under this Agreement for punitive
damages or interest for the period before judgment. Further,the City shall not be liable for any claim
or judgment, or portion thereof, to any one person for more than two hundred thousand dollars
($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other
claims or judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This
paragraph shall survive termination of this Agreement.
17.0 Indemnification and Hold Harmless. Each party agrees, to the fullest extent permitted by law, to
indemnify and hold harmless the other party and its affiliates, employees, officers, and attorneys
from and against all claims, losses,damages, personal injuries(including but not limited to death), or
liability(including reasonable attorney's fees through any and all administrative, trial,post judgment
and appellate proceedings),directly and proximately arising from its negligent acts or omissions.
The indemnification provided above shall obligate the indemnifying party to defend at its own
expense or to provide for such defense, at the sole option of the indemnified party, as the case may
be, of any and all claims of liability and all suits and actions of every name and description that may
be brought against the indemnified party or its affiliates, employees, officers, and attorneys which
may result from performance under this Agreement whether performed by the indemnifying party or
anyone directly or indirectly employed or hired by them. In all events the indemnifying party is
permitted to choose legal counsel of its sole choice,the fees for which shall be subject to and included
with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall
survive termination of this Agreement. In no event shall either party enter into any settlement
agreement without the other party's written consent, which consent shall not be unreasonably
withheld.
18.0 Donor's Signatory. The undersigned person executing this Agreement on behalf of each party
hereby represents and warrants that he/she has the full authority to sign this Agreement and to fully
bind their principal to the terms and conditions set forth in this Agreement.
19.0 Effective Date. This Agreement shall become effective upon full execution by both parties hereto.
The Agreement shall not be effective against any party until said date.
20.0 Unforeseen Circumstances. If all or part of the Donation cannot be usefully or practically applied
for the purposes stated herein, or if such purposes cannot be achieved because of a future change in
law or unforeseen circumstances, it may be used for any related purpose which in the opinion of the
City Council will most nearly accomplish the City's purposes,and Donor will receive recognition for
the donation commensurate with the intent in paragraph 2.2, above. In the alternative, the City
Council reserves the right, in its sole and absolute discretion, to refund the Donation and terminate
this Agreement for any reason and without penalty.
Page 4 of 5
[Execution Page Follows]
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first written above.
CITY:
THE CITY OF CAPE CANAVERAL, FLORIDA, a
Florida municipal corporation.
By:
David L. Greene, City Manager
Date:
ATTEST:
By:
Angela Apperson,City Clerk
DONOR:
HEALTH FIRST, INC.
By
Matthew Gerrell, Vice President,
Marketing& Communications
Date: 10/27/14
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
, 2014, by , as of
HEALTH FIRST, INC., a Florida Non-Profit Corporation, who is personally known to me or
produced as identification.
(NOTARY SEAL)
(Notary Signature)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires:
Page 5 of 5
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
Item No. 5
Subject: Accept four (4) Public Utility Easement Agreements for property north of Lift
Station #6; authorize execution by the City Manager; approve credits for future Sanitary
Sewer Connection Fees and/or Impact fees in the amount of $83,100 and record a
consensus related to a future unification instrument.
Department: Community and Economic Development Department
Summary: In support of the Cape Canaveral Vision Statement and as an economic
development initiative, Staff has been working with property owners to secure new
Public Utility Easements supporting the infrastructure needs of the undeveloped
commercial properties on the east side of Astronaut Boulevard/A1A (Astronaut Blvd.) at
the north end of the City. Initially, the new Easements will be used to provide sanitary
sewer and an 8-inch water line to all of the parcels served. The Easements are written
so that the City can make use of all manner of necessary utilities.
The four (4) Public Utility Easement Agreements are included as Attachments 1, 2, 3 &
4 and are generally described as follows:
Owner Description/Location
#1 Sheldon Cove, An "L" shaped easement within the Imperial Blvd. parcel
LLLP expanding the footprint of Lift Station #6.
#2 Sheldon Cove, An easement within the Imperial Blvd. parcel connecting the
LLLP expanded lift station easement to the 15 ft. wide easement to
the north (which is Easement Agreement#3).
#3 Sheldon Cove, A 15 ft. wide easement along the rear of the vacant property
LLLP connecting to the 8910 Astronaut, LLC parcel (which is
Easement Agreement#4).
#4 8910 Astronaut, A 15 ft. wide easement along the rear of the 8910 Astronaut,
LLC LLC parcel connecting to the Sunbelt-OCF, LLC parcel (which
is Attachment#5).
The overall path of the Public Utility Easements is shown on Attachment #6 (Easement
Location Map).
Lift Station #6 is currently in an easement which connects south to the existing Imperial
Blvd. easement (Attachment #7). In this existing easement we will connect south to the
existing 8-inch City of Cocoa water line as shown in the Existing Cocoa Water Line Map
(Attachment #8).
Staff was able to reach agreement with the property owners northward up to the vacant
6.9 acre parcel #2443981, where the property owner was unwilling to allow the
easement to continue across his property. Ultimately, it is the City's intent to continue
the public utility easements to the northern City limit.
Sunbelt-OCF, LLC has conveyed Public Utility Easement Agreement (Attachment #5) to
the City. Although the easement is valued at $37,000, it was conveyed at no cost and,
therefore, did not need City Council approval. It has been recorded with the Brevard
City Council Meeting Date: 11/18/2014
Item No. 5
Page 2 of 3
County Clerk of the Court.
In consideration of the conveyance of easements #1-4 from Sheldon Cove, LLLP and
8910 Astronaut LLC (collectively "Sheldon Cove"), the City will allocate sewer
connection and/or impact fee credits in the amount of $83,100 for easements #1-4. The
monetary value for the easements was derived from an independent appraisal (see
attachment #9). The easement purchase is necessary for expansion of the wastewater
collection system infrastructure to properly meet level of service needs. Each Public
Utility Easement Agreement outlines the credit and how it can be applied to properties
owned by Sheldon Cove.
Additionally, Sheldon Cove wishes to obtain a Unity of Title, or similar document, for its
properties contiguous to Imperial Blvd. (exclusive of the subject Public Utility
Easements). The effect of which will unify the parcels and grant the following
development rights:
• Authorize the construction of two buildings connected by a bridge-way spanning
over Imperial Blvd.
• The layout of Imperial Blvd. may be re-routed to connect to Astronaut Blvd. at a
point further north than currently connected.
These various properties are each owned separately under divisions/units of Sheldon
Cove. Common ownership issues remain to be sorted out in order for them to properly
record a Unity of Title. Notwithstanding, Sheldon Cove has agreed to move the subject
Public Utility Easement Agreements forward. Dawn Mays, Director of Real Estate
Development with Sheldon Cove, has delivered the attached signed Agreements and
asks that the City commit to work in good faith with them toward a future, mutually
agreeable unification instrument for their Imperial Blvd. properties.
Submitting Department Director: Todd Morley Date: 11/05/2014
Attachments:
1. Easement Agreement— Sheldon Cove Lift Station Expansion
2. Easement Agreement — Sheldon Cove Imperial Utility
3. Easement Agreement— Sheldon Cove Tax Parcel 804
4. Easement Agreement— Sheldon Cove/8910 Astronaut Tax Parcel 756
5. Easement Agreement— Stroud-Sunbelt-OCF Tax Parcel 26
6. Easement Locations Map
7. Existing Imperial Easement
8. Existing Cocoa Water Lines
9. E-mail from Maxwell Appraisal.
Financial Impact: $83,100 in forgone future sewer connection fees and/or impact fees.
Reviewed by Financial Services Director: John DeLeo Date: 11/10/14
The City Manager recommends that City Council take th ollowing action.
A: Accept four (4) Public Utility Easement Agreements for property north of Lift Station
#6 and authorize execution by the City Manager.
B: Approve credits for future Sanitary Sewer Connection Fees and/or Impact fees in the
City Council Meeting Date: 11/18/2014
Item No. 5
Page 3 of 3
amount of $83,100.
C: Make a general consensus for a commitment to work in good faith with the Owner(s)
of Sheldon Cove toward a future, mutually agreeable unification instrument for their
Imperial Blvd. properties which will provide for the construction of two buildings
connected by a bridge-way spanning over Imperial Blvd with the understanding that the
layout of Imperial Blvd. may be re-routed to connect to Astronaut Blvd. at a point further
north than currently connected.
Approved by City Manager: David L. Greene Date: 11/10/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ATTACHMENT 1
Prepared by and return to:
Anthony A. Garganese
City Attorney
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
PUBLIC UTILITY EASEMENT AGREEMENT
THIS PUBLIC UTILITY EASEMENT AGR EMENT (hereafter referred to as this
"Agreement") is given this 3rd day of November , 2014, by SHELDON
COVE, LLLP, a Florida limited partnership, whose address is 400 Imperial Boulevard,
Cape Canaveral, Florida 32920 ("Grantor"), to the CITY OF CAPE CANAVERAL, a
municipality organized and existing under the laws of the State of Florida, whose
address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("Grantee").
WITNESSETH:
WHEREAS, Grantor desires to grant and convey unto Grantee a public utility
easement ("Easement") to, over, under, upon, across and through that certain portion
of the Property described on Exhibit "A" attached hereto (hereinafter referred to as the
"Easement Area") for the construction, installation, operation, maintenance and repair
by Grantee, or its employees, agents, assignees or designees, of public utility lines,
mains, pipes, pumps, valves, wires, cables and similar utility appurtenances (hereinafter
referred to as the "Utilities"); and
WHEREAS, the Grantee agrees to accept such Easement on the terms set forth
herein below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and
declare to exist an Easement to, over, under, upon, across and through the Easement
Area for the purpose of construction, installation, operation, maintenance and repair of
the Utilities.
1
3. Incidental Rights. The Easement hereby created and granted includes the
creation of all incidental rights reasonably necessary for the reasonable and safe use
and enjoyment of the Easement Area for its intended purposes, including, specifically,
the right of entry for purposes of construction, installation, operation, maintenance and
repair of any Utilities located within the Easement Area.
4. Construction and Maintenance. Grantee shall bear the entire cost and expense
of any construction, repair, alteration, replacement or removal activities performed
within the Easement Area related to or arising from the installation and maintenance of
the Utilities within the Easement. The Grantee shall also, at Grantee's cost and
expense, restore the Grantor's property and Easement Area to the condition which
existed prior to any such construction, repair, alteration, replacement or removal
activities, including, but not limited to, re-vegetation, re-sodding, re-paving, or removal
of debris or dirt caused by or resulting from such activities.
5. Use. Use of the Easement Area and entry upon the Easement Area will at all
times conform to and comply with the terms of this Agreement and all applicable
governmental regulations now in existence or hereafter created.
6. Grantor Duty of Non-Interference. Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Easement Area as specifically set
forth herein.
7. Duration. The Easement hereby granted and conveyed to, over, under, upon,
across, and through the Easement Area shall be perpetual in duration unless terminated
by Grantor and Grantee pursuant to the requirements of Paragraph 14 herein.
8. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
title to the Easement Area, (ii) Grantor has good right and lawful authority to convey the
Easement granted herein, and (iii) the Easement Area is not encumbered by any
mortgages or other matters which would prohibit the use of the Easement Area for the
purposes contemplated herein.
9. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or
Grantee to bring suit for specific performance or damages or to enforce any provision
hereof, the prevailing party in any such litigation and any appeals there from shall be
entitled to recover from the other party, in addition to any damages or other relief
granted as a result of such litigation, all costs or expenses of such litigation and its
reasonable attorneys' fees and paralegals' fees as fixed by the Court.
10. Governing Law: Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be Brevard County,
Florida for any dispute arising out of or from this Agreement.
11. City Obligations. The City, in consideration of and exchange for Grantor's
grant of the Easement to Grantee, hereby grants and gives to Grantor, its successors
2
and assigns, a credit up to One Thousand Nine Hundred and 00/100 Dollars ($
1,900.00) against future (i) sanitary sewer connection fees and (ii) sanitary sewer
benefit fees adopted and imposed by the Grantee, regardless of the name of such fees
in the future,that may apply to the parent parcel of real property on which the Easement
Area is located (Tax Parcel Id. 24-37-15-00-00827.0-0000.0) ("Parent Parcel"). The
impact fee credit granted hereunder shall remain in effect until the Grantor applies it
with the City. Further, the impact fee credit shall not be assignable or transferable
except, however, Grantor may assign and use the credit as stated below and on other
real property owned by Grantor, or some other legal entity controlled by Grantor or
William R. Mays and/or Berchet Mays, that is located within the City of Cape Canaveral
adjacent to Imperial Boulevard, Commerce Street, or Brown Circle or adjacent to the
aforesaid parent parcel ("Additional Sewer Impact Fee Benefit Property'). It is the intent
and purpose of this impact fee credit to be applied solely to the Parent Parcel and to the
Additional Sewer Impact Fee Benefit Property and Grantor may assign, in writing filed
with the City, all or a portion of the impact fee credit to a subsequent owner of the
Parent Parcel or Additional Sewer Impact Fee Benefit Property.
12. Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an
original and all of which shall constitute one and the same instrument.
13. Severability. If any provision, or a portion thereof, of this Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid,
inoperative or unenforceable, the remainder of this Agreement or the application of such
provision, or portion thereof, to any persons or circumstances shall not be affected
thereby and the remainder of this Agreement shall be given effect as if such invalid,
inoperative or unenforceable portion has not been included; such invalid, inoperative or
unenforceable provision, or portion thereof, or the application thereof to any person or
circumstances, shall not be given effect.
14. Amendment/Modification. This Agreement may be amended or modified at any
time only by an agreement in writing mutually agreed to, executed and acknowledged
by Grantor and Grantee and thereafter duly recorded in the Public Records of Brevard
County, Florida.
15. No Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between the parties in the respective businesses or
otherwise, nor shall it cause them to be considered parties or members to any joint
venture or joint enterprise.
16. Indemnification.
(a) Each party does hereby release, indemnify and promise to defend and
save harmless the other party, to the fullest extent permitted by law, from and against
any and all liability, loss, damage expense, actions, and claims, including reasonable
attorney fees', paralegals' fees and costs incurred by the other party in defense thereof,
asserted or arising directly or indirectly on account of the acts or omissions of the
3
indemnifying party, their servants, agents, licensees, invitees, employees, and
contractors under the terms of this Agreement; provided, however, this paragraph does
not purport to indemnify a party against liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the sole negligence of the
party itself, its agents, or employees.
(b) This indemnity provision is not intended as a waiver of the City of Cape
Canaveral's common law right of sovereign immunity, as adopted in Fla. Stat.§ 2.01.
The limited waiver of sovereign immunity set forth in Fla. Stat. § 768.28 for tort actions
brought against the City of Cape Canaveral shall be applicable to any action brought
pursuant to this indemnity provision, even if the indemnity action sounds in contract
rather than tort.
17. Benefits and Burdens. The benefits and burdens of this Agreement shall run with
the Easement Area and be appurtenant thereto, with the effect that any person or entity
which acquires an interest in the Easement Area shall be entitled to the benefits and be
bound by the burdens hereof.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Public Utility
Easement Agreement to be executed in manner and form sufficient to bind them as of
the date and year first above written.
Signed, sealed and delivered
in the presence of:
"GRANTOR"
SHELDON COVE, LLLP, a Florida
limited partnership
By: William R. Mays, Trustee
as its General Partner
By: [signature]
[signature] William R. Mays, Trustee
Print Name: Jered Farrar
[signature]
Print Name: Claudette Turner
4
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me on this 4th day of
November , 2014 by William R. Mays, Trustee, as General Partner of Sheldon
Cove, LLLP, who is personally known to me or produced
as identification and did not take an oath.
[signature] Notary Public
Susan Lynn Chrostowski
Print Name
[notary seal] Commission Number:
EE114245
My Commission Expires:
Sept 4, 2015
"GRANTEE"
ATTEST: CITY OF CAPE CANAVERAL
By:
Angela Apperson, City Clerk David Greene, City Manager
Date:
(Affix City Seal)
5
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
Addition to Imperial Boulevard Sanitary Sewer Lift Station Tract
[sketch of construction location]
DESCRIPTION
NOT A BOUNDARY SURVEY
Addition to imperial Boulevard Sanitary Sewer Lift Station Tract
DESCRIPTION:
An easement for the installation and maintenance of a Sanitary Sewer Lift Station and associated utilities.
lying in Section 15, Township 24 South, Range 37 East, City of Cape Canaveral, Brevard County Florida
being a portion of that parcel described in Corporate Warranty Deed recorded in Official Records Book 3846,
Page 2710 of the Public Records of Brevard County. Florida, sold Easement being more particularly
described as follows:
Commence at a point lying on the East right of way line of State Road 401, also known as Astronaut
Boulevard(a 100 foot Right of Way as now laid out) said point being 2,389.38 feet Northerly of, as
measured at right angles to the South line of sold Section 15; thence S37'21'10"E along said East right of
way line, a distance of 150.00 feet; thence N52'38'50"E. a distance of 466.48 feet; thence S37'21'10 E, a
distance of 64.38 feet to the Northerly corner of Parcel 2 as described in that Warranty Deed recorded in
Official Records Book 782, Pages 149-153 and the POINT OF BEGINNING of the herein described easement;
thence S01'15'22'W, along the Northwest line of said Parcel 2, a distance of 39.06 feet. to the Westerly
corner of said Parcel 2; thence N88'44'38"W perpendicular to the Northwest line of said Parcel 2 distance
of 10.00 feet; thence N01'1522'E parallel with the Northwest line of said Parcel 2, a distance of 49.06
feet; thence S88'44'38"E: perpendicular to the Northwest line of said Parcel 2, a distance of 35.00 feet;
thence S01'15'22"W, a distance of 10.00 feet to the Easterly corner of said Parcel 2; thence N88'44'38"W.
along the Northeast line of said Parcel 2, a distance of 25.00 feet, to the POINT OF BEGINNING; Containing
741 square feet, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of S3721'10 E along State Road 401 (Astronaut
Boulevard) East right of way line.
3. o s Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION:
I hereby certify that the attached Property Description was prepared
EXHIBIT "A" under my direction, In accordance with all applicable requirements of
SHEET 2 OF 2 the 'Minimum Technical Standards,' for land surveying In the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
ALLEN pursuant to Chapter 472.027, Florida statutes.
Engineering, Inc. ALLEN ENGINEERING, INC.
SURVEYORS - ENGINEERS
100 DIXIE LANE
COCOA BEACH, FLORIDA 32931 Not valid without the BY:
TELEPHONE: (321)783-7443 - FAX: (321)789-5902 signature and the original ROBERT M. SALMON
WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net raised seal of a Florida Professional Surveyor & Mapper
3 licensed surveyor and mapper. Florida Registration No. 4262
2. PREPARED AND CERTIFIED FOR:
1. REVISE DESCRIPTION 6-18-14 CITY OF CAPE CANAVERAL
JOB NO. 140035 DATE. 5-27-14
L:\Survey\Drawings\2014\140035 City of Cape Canaveral Imperial Blvd\140035_Liftstation.dwg, 9/24/2014 11:24:52 AM
ATTACHMENT 2
Prepared by and return to:
Anthony A. Garganese
City Attorney
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
PUBLIC UTILITY EASEMENT AGREEMENT
THIS PUBLIC UTILITY EASEMENT AGREEMENT (hereafter referred to as this
"Agreement") is given this 3rd day of November , 2014, by SHELDON
COVE, LLLP, a Florida limited partnership, whose address is 400 Imperial Boulevard,
Cape Canaveral, Florida 32920 ("Grantor"), to the CITY OF CAPE CANAVERAL, a
municipality organized and existing under the laws of the State of Florida, whose
address Is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("Grantee").
WITNESSETH:
WHEREAS, Grantor desires to grant and convey unto Grantee a public utility
easement ("Easement") to, over, under, upon, across and through that certain portion
of the Property described on Exhibit "A" attached hereto (hereinafter referred to as the
"Easement Area") for the construction, installation, operation, maintenance and repair
by Grantee, or its employees, agents, assignees or designees, of public utility lines,
mains, pipes, pumps, valves, wires, cables and similar utility appurtenances (hereinafter
referred to as the "Utilities"); and
WHEREAS, the Grantee agrees to accept such Easement on the terms set forth
herein below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and
declare to exist an Easement to, over, under, upon, across and through the Easement
Area for the purpose of construction, installation, operation, maintenance and repair of
the Utilities.
1
3. Incidental Rights. The Easement hereby created and granted includes the
creation of all incidental rights reasonably necessary for the reasonable and safe use
and enjoyment of the Easement Area for its intended purposes, including, specifically,
the right of entry for purposes of construction, installation, operation, maintenance and
repair of any Utilities located within the Easement Area.
4. Construction and Maintenance. Grantee shall bear the entire cost and expense
of any construction, repair, alteration, replacement or removal activities performed
within the Easement Area related to or arising from the installation and maintenance of
the Utilities within the Easement. The Grantee shall also, at Grantee's cost and
expense, restore the Grantor's property and Easement Area to the condition which
existed prior to any such construction, repair, alteration, replacement or removal
activities, including, but not limited to, re-vegetation, re-sodding, re-paving, or removal
of debris or dirt caused by or resulting from such activities.
5. Use. Use of the Easement Area and entry upon the Easement Area will at all
times conform to and comply with the terms of this Agreement and all applicable
governmental regulations now in existence or hereafter created.
6. Grantor Duty of Non-Interference. Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Easement Area as specifically set
forth herein.
7. Duration. The Easement hereby granted and conveyed to, over, under, upon,
across, and through the Easement Area shall be perpetual in duration unless terminated
by Grantor and Grantee pursuant to the requirements of Paragraph 14 herein.
8. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
title to the Easement Area, (ii) Grantor has good right and lawful authority to convey the
Easement granted herein, and (iii) the Easement Area is not encumbered by any
mortgages or other matters which would prohibit the use of the Easement Area for the
purposes contemplated herein.
9. Litigation and Attorneys Fees. In the event it shall.be necessary for Grantor or
Grantee to bring suit for specific performance or damages or to enforce any provision
hereof, the prevailing party in any such litigation and any appeals there from shall be
entitled to recover from the other party, in addition to any damages or other relief
granted as a result of such litigation, ail costs or expenses of such litigation and its
reasonable attorneys' fees and paralegals' fees as fixed by the Court.
10. Govemina Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be Brevard County,
Florida for any dispute arising out of or from this Agreement.
11. City Obligations. The City, in consideration of and exchange for Grantor's
grant of the Easement to Grantee, hereby grants and gives to Grantor, its successors
2
and assigns, a credit up to Four Thousand Two Hundred and 001100 Dollars
($4,200.00) against future (i) sanitary sewer connection fees and (ii) sanitary sewer
benefit fees adopted and imposed by the Grantee, regardless of the name of such fees
in the future, that may apply to the parent parcel of real property on which the Easement
Area is located (Tax Parcel Id. 24-37-15-00-00827.0-0000.0) ("Parent Parcel"). The
impact fee credit granted hereunder shall remain in effect until the Grantor applies it
with the City. Further, the impact fee credit shall not be assignable or transferable
except, however, Grantor may assign and use the credit as stated below and on other
real property owned by Grantor, or some other legal entity controlled by Grantor or
William R. Mays and/or Berchet Mays, that is located within the City of Cape Canaveral
adjacent to Imperial Boulevard, Commerce Street, or Brown Circle or adjacent to the
aforesaid parent parcel ("Additional Sewer Impact Fee Benefit Property"). It is the intent
and purpose of this impact fee credit to be applied solely to the Parent Parcel and to the
Additional Sewer Impact Fee Benefit Property and Grantor may assign, in writing filed
with the City, all or a portion of the impact fee credit to a subsequent owner of the
Parent Parcel or Additional Sewer Impact Fee Benefit Property.
12. Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an
original and all of which shall constitute one and the same instrument.
13. Severability. If any provision, or a portion thereof, of this Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid,
inoperative or unenforceable, the remainder of this Agreement or the application of such
provision, or portion thereof, to any persons or circumstances shall not be affected
thereby and the remainder of this Agreement shall be given effect as if such invalid,
inoperative or unenforceable portion has not been included; such invalid, inoperative or
unenforceable provision, or portion thereof, or the application thereof to any person or
circumstances, shall not be given effect.
14. Amendment/Modification. This Agreement may be amended or modtfied at any
time only by an agreement in writing mutually agreed to, executed and acknowledged
by Grantor and Grantee and thereafter duly recorded in the Public Records of Brevard
County, Florida.
15. No Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between the parties in the respective businesses or
otherwise, nor shall it cause them to be considered parties or members to any joint
venture or joint enterprise.
16. Indemnification.
(a) Each party does hereby release, indemnify and promise to defend and
save harmless the other party, to the fullest extent permitted by law, from and against
any and all liability, loss, damage expense, actions, and claims, including reasonable
attorney fees', paralegals' fees and costs incurred by the other party in defense thereof,
asserted or arising directly or indirectly on account of the acts or omissions of the
3
indemnifying party, their servants, agents, licensees, invitees, employees, and
contractors under the terms of this Agreement; provided, however, this paragraph does
not purport to indemnify a party against liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the sole negligence of the
party itself, its agents, or employees.
(b) This indemnity provision is not intended as a waiver of the City of Cape
Canaveral's common law right of sovereign immunity, as adopted in Fla. Stat.§ 2.01.
The limited waiver of sovereign immunity set forth in Fla. Stat. § 768.28 for tort actions
brought against the City of Cape Canaveral shall be applicable to any action brought
pursuant to this indemnity provision, even if the indemnity action sounds in contract
rather than tort.
17. Benefits and Burdens. The benefits and burdens of this Agreement shall run with
the Easement Area and be appurtenant thereto, with the effect that any person or entity
which acquires an interest in the Easement Area shall be entitled to the benefits and be
bound by the burdens hereof.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Public Utility
Easement Agreement to be executed in manner and form sufficient to bind them as of
the date and year first above written.
Signed, sealed and delivered
in the presence of:
"GRANTOR"
SHELDON COVE, LLLP, a Florida
limited partnership
By: William R. Mays, Trustee
as its General Partner
By: [signature]
[signature] William R. Mays, Trustee
Print Name: Jered Farrar
[signature]
Print Name: Claudette Turner
4
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me on this 4th day of
November , 2014 by William R. Mays, Trustee, as General Partner of Sheldon
Cove, LLLP, who is personally known to me or produced
as identification and did not take an oath.
[notary seal] [signature] Notary Public
Susan Lynn Chrostowski
Print Name
Commission Number:
EE14245
My Commission Expires:
Sept 4, 2015
"GRANTEE"
ATTEST: CITY OF CAPE CANAVERAL
By:
Angela Apperson, City Clerk David Greene, City Manager
Date:
(Affix City Seal)
5
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over imperial Boulevard
[sketch of construction location]
DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Imperial Boulevard
DESCRIPTION:
An easement for the installation and maintenance of utilities, lying in Section 15, Township 24 South, Range
37 East, being a portion of that Parcel described in Official Records Book 3845, Page 2710 and 2711 of
the Public Records of Brevard County, Florida, being more particularly described as follows:
Commence of a point lying on the Easterly right of way line of State Road 401, also known as Astronaut
Boulevard (a 100 foot Right of Way) said point lying 2448.56 feet North of as measured at right angles
from the South line of said Section 75; thence S37'21'10"E, along said right of way line, a distance of
200.00 feet, to the Northwest corner of said Parcel described in Official Records Book 3845, Page 2710
and 2711 and point of curvature of a curve, concave Northerly, having a radius of 25.00 feet and a
central angle of 90'00'00": thence Easterly, along The Northerly line of said parcel and the arc of said
curve to the left, a distance of 39.27 feet, to a point of tangency; thence N52'38'50"E, along the Northerly
line of said Parcel, a distance of 439.91 feet, to the POINT OF BEGINNING of the herein described
easement thence continue N52'38'50"E, along said Northerly line, a distance of 27.35 feet; thence
S37'21'10"E a distance of 72.17 feet to the Northeast corner of the Proposed Addition to the Imperial
Boulevard Sanitary Sewer Lift Station Tract; thence N88'44'38"W, along the North line of said Proposed
Addition, a distance of 35.00 feet, to the Northwest corner thereof; thence N37'21'10'"W, a distance of
50.33 feet, to the POINT OF BEGINNING; Containing 0.04 acres. more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of S37'21'10"E, along State Road 401 (Astronaut
Boulevard) East right of way line.
3. o = Denotes change in direction (no corner found or set).
SEE SHEET 1 OR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION:
EXHIBIT "A" I hereby certify that the attached Property Description was prepared
under my direction, in accordance with all applicable requirements of
SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying In the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALLEN ENGINEERING, INC.
ALLEN ENGINERING, INC.
SURVEYORS ENGINEERS
106 DIXIE LANE
COCOA BEACH FLORIDA 32931 Not valid without the BY:
TELEPHONE: (321)783-7445 - FAX: (321)783-5902 signature and the original ROBERT M. SALMON
WEBSITE: www.alleneng.net EMAIL info@aleneng.net raised seal of a Florida Professional Surveyor & Mapper
3. licensed surveyor and mapper. Florida Registration No. 4262
2. CHANGE EASEMENT NAME 9-24-14 PREPARED AND CERTIFIED FOR:
1. CORRECT ORB NUMBER 6-12-14 CITY OF CAPE CANAVER4L
JOB NO. 140035 DATE: 5-30-14
L:\Survey\Drawings\2014\140035 City of Cape Canaveral Imperial Blvd\140035_Imperial Utility.dwg, 9/24/2014 11:17:48 AM
ATTACHMENT 3
Prepared by and return to:
Anthony A. Garganese
City Attorney
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
PUBLIC UTILITY EASEMENT AGREEMENT
THIS PUBLIC UTILITY EASEMENT AGREEMENT (hereafter referred to as this
"Agreement") is given this 3rd day of November , 2014, by SHELDON
COVE, LLLP, a Florida limited partnership, whose address is 400 Imperial Boulevard,
Cape Canaveral, Florida 32920 ("Grantor"), to the CITY OF CAPE CANAVERAL, a
municipality organized and existing under the laws of the State of Florida, whose
address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("Grantee").
WITNESSETH:
WHEREAS, Grantor desires to grant and convey unto Grantee a public utility
easement ("Easement") to, over, under, upon, across and through that certain portion
of the Property described on Exhibit "A" attached hereto (hereinafter referred to as the
"Easement Area") for the construction, installation, operation, maintenance and repair
by Grantee, or its employees, agents, assignees or designees, of public utility lines,
mains, pipes, pumps, valves, wires, cables and similar utility appurtenances (hereinafter
referred to as the "Utilities"); and
WHEREAS, the Grantee agrees to accept such Easement on the terms set forth
herein below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and
declare to exist an Easement to, over, under, upon, across and through the Easement
Area for the purpose of construction, installation, operation, maintenance and repair of
the Utilities.
3. Incidental Rights. The Easement hereby created and granted includes the
creation of all incidental rights reasonably necessary for the reasonable and safe use
and enjoyment of the Easement Area for its intended purposes, including, specifically,
the right of entry for purposes of construction, installation, operation, maintenance and
repair of any Utilities located within the Easement Area.
4. Construction and Maintenance. Grantee shall bear the entire cost and expense
of any construction, repair, alteration, replacement or removal activities performed
within the Easement Area related to or arising from the installation and maintenance of
the Utilities within the Easement. The Grantee shall also, at Grantee's cost and
expense, restore the Grantor's property and Easement Area to the condition which
existed prior to any such construction, repair, alteration, replacement or removal
activities, including, but not limited to, re-vegetation, re-sodding, re-paving, or removal
of debris or dirt caused by or resulting from such activities.
5. Use. Use of the Easement Area and entry upon the Easement Area will at all
times conform to and comply with the terms of this Agreement and all applicable
governmental regulations now in existence or hereafter created.
6. Grantor Duty of Non-Interference. Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Easement Area as specifically set
forth herein.
7. Duration. The Easement hereby granted and conveyed to, over, under, upon,
across, and through the Easement Area shall be perpetual in duration unless terminated
by Grantor and Grantee pursuant to the requirements of Paragraph 14 herein.
8. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
title to the Easement Area, (ii) Grantor has good right and lawful authority to convey the
Easement granted herein, and (iii) the Easement Area is not encumbered by any
mortgages or other matters which would prohibit the use of the Easement Area for the
purposes contemplated herein.
9. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or
Grantee to bring suit for specific performance or damages or to enforce any provision
hereof, the prevailing party in any such litigation and any appeals there from shall be
entitled to recover from the other party, in addition to any damages or other relief
granted as a result of such litigation, all costs or expenses of such litigation and its
reasonable attorneys' fees and paralegals'fees as fixed by the Court.
10. Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be Brevard County,
Florida for any dispute arising out of or from this Agreement.
11. City Obligations. The City, in consideration of and exchange for Grantor's
grant of the Easement to Grantee, hereby grants and gives to Grantor, its successors
2
and assigns, a credit up to Twenty-Nine Thousand and No/100 Dollars ($ 29,000.00)
against future (i) sanitary sewer connection fees and (ii) sanitary sewer benefit fees
adopted and imposed by the Grantee, regardless of the name of such fees In the future,
that may apply to the parent parcel of real property on which the Easement Area is
located (Tax Parcel Id. 24-37-15-00-00804.0-0000.0) (Parent Parcel"). The impact fee
credit granted hereunder shall remain in effect until the Grantor applies it with the City.
Further, the impact fee credit shall not be assignable or transferable except, however,
Grantor may assign and use the credit as stated below and on other real property
owned by Grantor, or some other legal entity controlled by Grantor or William R. Mays
and/or Berchet Mays, that is located within the City of Cape Canaveral adjacent to
Imperial Boulevard, Commerce Street, or Brown Circle or adjacent to the aforesaid
parent parcel ("Additional Sewer Impact Fee Benefit Property"). It is the intent and
purpose of this impact fee credit to be applied solely to the Parent Parcel and to the
Additional Sewer Impact Fee Benefit Property and Grantor may assign, in writing filed
with the City, all or a portion of the impact fee credit to a subsequent owner of the
Parent Parcel or Additional Sewer Impact Fee Benefit Property.
12. Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an
original and all of which shall constitute one and the same instrument.
13. Severability. If any provision, or a portion thereof, of this Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid,
inoperative or unenforceable, the remainder of this Agreement or the application of such
provision, or portion thereof, to any persons or circumstances shall not be affected
thereby and the remainder of this Agreement shall be given effect as if such invalid,
Inoperative or unenforceable portion has not been included; such invalid, inoperative or
unenforceable provision, or portion thereof, or the application thereof to any person or
circumstances, shall not be given effect.
14. Amendment/Modification. This Agreement may be amended or modified at any
time only by an agreement In writing mutually agreed to, executed and acknowledged
by Grantor and Grantee and thereafter duly recorded in the Public Records of Brevard
County, Florida.
15. No Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between the parties in the respective businesses or
otherwise, nor shall it cause them to be considered parties or members to any joint
venture or joint enterprise.
16. Indemnification.
(a) Each party does hereby release, indemnify and promise to defend and
save harmless the other party, to the fullest extent permitted by law, from and against
any and all liability, loss, damage expense, actions, and claims, including reasonable
attorney fees', paralegals' fees and costs incurred by the other party in defense thereof,
asserted or arising directly or indirectly on account of the acts or omissions of the
3
indemnifying party, their servants, agents, licensees, invitees, employees, and
contractors under the terms of this Agreement; provided, however, this paragraph does
not purport to indemnify a party against liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the sole negligence of the
party itself, its agents, or employees.
(b) This indemnity provision is not intended as a waiver of the City of Cape
Canaveral's common law right of sovereign immunity, as adopted in Fla. Stat.§ 2.01.
The limited waiver of sovereign immunity set forth in Fla. Stat. § 768.28 for tort actions
brought against the City of Cape Canaveral shall be applicable to any action brought
pursuant to this indemnity provision, even if the indemnity action sounds in contract
rather than tort.
17. Benefits and Burdens. The benefits and burdens of this Agreement shall run with
the Easement Area and be appurtenant thereto, with the effect that any person or entity
which acquires an interest in the Easement Area shall be entitled to the benefits and be
bound by the burdens hereof.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Public Utility
Easement Agreement to be executed in manner and form sufficient to bind them as of
the date and year first above written.
Signed, sealed and delivered
in the presence of:
"GRANTOR"
SHELDON COVE, LLLP, a Florida
limited partnership
By: William R. Mays, Trustee
as its General Partner
By: [signature]
William R. Mays, Trustee
[signature]
Print Name: Jered Farrar
[signature]
Print Name: Claudette Turner
4
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me on this 4th day of
November , 2014 by William R. Mays, Trustee, as General Partner of Sheldon
Cove, LLLP, who is personally known to me or produced
as identification and did not take an oath.
[NOTARY SEAL] [signzture] Notary Public
Susan Lynn Chrostowski
Print Name
Commission Number
EE114245
My Commission Expires:
Sept 4, 2015
"GRANTEE"
ATTEST: CITY OF CAPE CANAVERAL
By:
Angela Apperson, City Clerk David Greene, City Manager
Date:
(Affix City Seal)
5
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Tax Parcel 804
[sketch of construction plans]
DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Tax Parcel 804
DESCRIPTION:
An easement for the installation and maintenance of utilities, lying in Section 15, Township 24 South, Range
37 East a portion of that Parcel described in Exhibit "A" to that Warranty Deed recorded in Official
Records Book 3677, Pages 4216 through 4220 of the Public Records of Brevard County, Florida, being
more particularly described as follows:
Commence at a point lying on the Easterly right of way line of State Road 401, also known as Astronaut
Boulevard(a 100 foot Right of Way) said point being 2448.56 feet North of as measured at right angles to
the South line of said Section 15; thence S37'21'10"E, along said easterly right of way line, a distance of
200.00 feet, to the point of curvature of a curve, concave Northerly, having a radius of 25.00 feet and a
central angle of 90'00'00"; thence Easterly, along the arc of sold curve to the left and said Easterly right
of way line, a distance of 39.27 feet, to a point of tangency and a point on the Southeast line of said
Parcel; thence N52'38'50"E, along said Southeast line, a distance of 456.00 feet to the POINT OF
BEGINNING of the herein described easement thence N37'21'10"W, a distance of 225.00 feet, to the
Northwest line of said Parcel; thence N52'38'50"E, along said Northwest line, a distance of 15.00 feet, to
the Northerly corner of said Parcel; thence S37'21'10"E, along the Northeast line of said parcel, a distance
of 225.00 feet to the Easterly corner of said Parcel; thence S52'38'50"W along the Southeast line of said
Parcel, a distance of 15.00 feet, to the POINT OF BEGINNING; Containing 0.08 acres, more or less.
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of S37'21'10"E along State Road 401 (Astronaut
Boulevard)East right of way line.
3. o = Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION:
l hereby certify that the attached Property Description was prepared
EXHIBIT "A" under my direction, in accordance with all applicable requirements of
SHEET 2 OF 2 the 'Minimum Technical Standards,' for land surveying In the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALLEN ENGINEERING ALLEN ENGINEERING, INC.
SURVEYORS - ENGINEERS
106 DIXIE LANE
COCOA BEACH. FLORIDA 32931 Not valid without the BY:
TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original ROBERT M. SALMON
WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net raised seal of a Florida Professional Surveyor & Mapper
3. licensed surveyor and mapper. Florida Registration No. 4262
2. PREPARED AND CERTIFIED FOR:
1. CHANGE EASEMENT NAME 9-24-14 CITY OF CAPE CANAVERAL
JOB NO. 140035 DATE: 5-27-14
L:\Survey\Drawings\2014\140035 City of Cape Canaveral Imperial Blvd\140035_TaxParcel804 Utility.dwg, 9/24/2014 11:18:58 AM
ATTACHMENT 4
Prepared by and return to:
Anthony A. Garganese
City Attorney
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
PUBLIC UTILITY EASEMENT AGREEMENT
THIS PUBLIC UTILITY EASEMENT AGREEMENT (hereafter referred to as this
"Agreement") is given this 3rd day of November , 2014, by 8910
ASTRONAUT, LLC, a Florida limited liability corn any, whose address is 400 Imperial
Boulevard, Cape Canaveral, Florida 32920 ("Grantor"), to the CITY OF CAPE
CANAVERAL, a municipality organized and existing under the laws of the State of
Florida, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920
("Grantee").
WITNESSETH:
WHEREAS, Grantor desires to grant and convey unto Grantee a public utility
easement ("Easement") to, over, under, upon, across and through that certain portion
of the Property described on Exhibit "A" attached hereto (hereinafter referred to as the
"Easement Area") for the construction, installation, operation, maintenance and repair
by Grantee, or its employees, agents, assignees or designees, of public utility lines,
mains, pipes, pumps, valves, wires, cables and similar utility appurtenances (hereinafter
referred to as the "Utilities"); and
WHEREAS, the Grantee agrees to accept such Easement on the terms set forth
herein below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and
declare to exist an Easement to, over, under, upon, across and through the Easement
Area for the purpose of construction, installation, operation, maintenance and repair of
the Utilities.
1
3. Incidental Rights. The Easement hereby created and granted includes the
creation of all incidental rights reasonably necessary for the reasonable and safe use
and enjoyment of the Easement Area for its intended purposes, including, specifically,
the right of entry for purposes of construction, installation, operation, maintenance and
repair of any Utilities located within the Easement Area.
4. Construction and Maintenance. Grantee shall bear the entire cost and expense
of any construction, repair, alteration, replacement or removal activities performed
within the Easement Area related to or arising from the installation and maintenance of
the Utilities within the Easement. The Grantee shall also, at Grantee's cost and
expense, restore the Grantor's property and Easement Area to the condition which
existed prior to any such construction, repair, alteration, replacement or removal
activities, including, but not limited to, re-vegetation, re-sodding, re-paving, or removal
of debris or dirt caused by or resulting from such activities.
5. Use. Use of the Easement Area and entry upon the Easement Area will at all
times conform to and comply with the terms of this Agreement and all applicable
governmental regulations now in existence or hereafter created.
6. Grantor Duty of Non-Interference. Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Easement Area as specifically set
forth herein.
7. Duration. The Easement hereby granted and conveyed to, over, under, upon,
across, and through the Easement Area shall be perpetual in duration unless terminated
by Grantor and Grantee pursuant to the requirements of Paragraph 14 herein.
8. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
title to the Easement Area, (ii) Grantor has good right and lawful authority to convey the
Easement granted herein, and (iii) the Easement Area is not encumbered by any
mortgages or other matters which would prohibit the use of the Easement Area for the
purposes contemplated herein.
9. Litiaation and Attorneys Fees. In the event it shall be necessary for Grantor or
Grantee to bring suit for specific performance or damages or to enforce any provision
hereof, the prevailing party in any such litigation and any appeals there from shall be
entitled to recover from the other party, in addition to any damages or other relief
granted as a result of such litigation, all costs or expenses of such litigation and its
reasonable attorneys'fees and paralegals'fees as fixed by the Court.
10. Governing Law: Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be Brevard County,
Florida for any dispute arising out of or from this Agreement.
11. City Obligations. The City, in consideration of and exchange for Grantor's
grant of the Easement to Grantee, hereby grants and gives to Grantor, its successors
2
and assigns, a credit up to Forty-Eight Thousand and No/100 Dollars ($ 48,000.00)
against future (i) sanitary sewer connection fees and (ii) sanitary sewer benefit fees
adopted and imposed by the Grantee, regardless of the name of such fees in the future,
that may apply to the parent parcel of real property on which the Easement Area is
located (Tax Parcel Id. 24-37-15-00-00839.0-0000.0 and 24-37-15-00-00756.0-0000.0)
("Parent Parcel"). The impact fee credit granted hereunder shall remain in effect until
the Grantor applies it with the City. Further, the impact fee credit shall not be
assignable or transferable except, however, Grantor may assign and use the credit as
stated below and on other real property owned by Grantor, or some other legal entity
controlled by Grantor or William R. Mays and/or Berchet Mays, that is located within the
City of Cape Canaveral adjacent to Imperial Boulevard, Commerce Street, or Brown
Circle or adjacent to the aforesaid parent parcel ("Additional Sewer Impact Fee Benefit
Property"). It is the intent and purpose of this impact fee credit to be applied solely to
the Parent Parcel and to the Additional Sewer Impact Fee Benefit Property and Grantor
may assign, in writing filed with the City, all or a portion of the impact fee credit to a
subsequent owner of the Parent Parcel or Additional Sewer Impact Fee Benefit
Property.
12. Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an
original and all of which shall constitute one and the same instrument.
13. Severability. If any provision, or a portion thereof, of this Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid,
inoperative or unenforceable, the remainder of this Agreement or the application of such
provision, or portion thereof, to any persons or circumstances shall not be affected
thereby and the remainder of this Agreement shall be given effect as if such invalid,
inoperative or unenforceable portion has not been included; such invalid, inoperative or
unenforceable provision, or portion thereof, or the application thereof to any person or
circumstances, shall not be given effect. •
14. Amendment/Modification. This Agreement may be amended or modified at any
time only by an agreement in writing mutually agreed to, executed and acknowledged
by Grantor and Grantee and thereafter duly recorded in the Public Records of Brevard
County, Florida.
15. No Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between the parties in the respective businesses or
otherwise, nor shall it cause them to be considered parties or members to any joint
venture or joint enterprise.
16. Indemnification.
(a) Each party does hereby release, indemnify and promise to defend and
save harmless the other party, to the fullest extent permitted by law, from and against
any and all liability, loss, damage expense, actions, and claims, including reasonable
attorney fees', paralegals' fees and costs incurred by the other party in defense thereof,
3
asserted or arising directly or indirectly on account of the acts or omissions of the
indemnifying party, their servants, agents, licensees, invitees, employees, and
contractors under the terms of this Agreement; provided, however, this paragraph does
not purport to indemnify a party against liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the sole negligence of the
party itself, its agents, or employees.
(b) This indemnity provision is not intended as a waiver of the City of Cape
Canaveral's common law right of sovereign immunity, as adopted in Fla. Stat.§ 2.01.
The limited waiver of sovereign immunity set forth in Fla. Stat. § 768.28 for tort actions
brought against the City of Cape Canaveral shall be applicable to any action brought
pursuant to this indemnity provision, even if the indemnity action sounds in contract
rather than tort.
17. Benefits and Burdens. The benefits and burdens of this Agreement shall run with
the Easement Area and be appurtenant thereto, with the effect that any person or entity
which acquires an interest in the Easement Area shall be entitled to the benefits and be
bound by the burdens hereof.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Public Utility
Easement Agreement to be executed in manner and form sufficient to bind them as of
the date and year first above written.
Signed, sealed and delivered
in the presence of:
"GRANTOR"
8910 ASTRONAUT, LLC, a Florida
limited liability company
By: [signature]
William R. Mays,
as its Managing Member
[signature]
Print Name: Jered Farrar
[signature]
Print Name: Claudette Turner
4
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me on this 4th day of
November , 2014 by William R. Mays, as managing member of 8910 Astronaut,
LLC, who is X personally known to me or produced
as identification and did not take an oath.
[NOTARY SEAL] [signature] Notary Public
Susan Lynn Chrostowski
Print Name
Commission Number:
EE1141245
My Commission Expires:
Sept 4, 2015
"GRANTEE"
ATTEST: CITY OF CAPE CANAVERAL
By:
Angela Apperson, City Clerk David Greene, City Manager
Date:
(Affix City Seal)
5
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Tax Parcel 756
[sketch of construction area]
DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Tax Parcel 756
DESCRIPTION:
An easement for for the installation and maintenance of utilities, lying in Section 15, Township 24 South,
Range 37 East, a portion of that Parcel described in Warranty Deed recorded in Official Records Book .
3623, Pages 2263 through 2265 of the Public Records of Brevard County, Florida, being more particularly
described as follows:
Commence at the Westerly corner of said Parcel; thence N52'38'50"E, along the Southeast line of said
Parcel, a distance of 281.00 feet, to the POINT OF BEGINNING of the herein descnbed easement: thence
N37'21'10"W, perpendicular to the the Southeast line of said Parcel, a distance of 15.00 feet thence
N52'38'50"E, parallel with and 15.00 feet Northwest of the Southeast line of said Parcel, a distance of
24.00 feet; thence N37'21'10"W, parallel with and 15.00 feet Southeast of the Northeast line of said Parcel,
a distance of 335.00 feet, to the Northwest line of sold Parcel; thence N52'38'50"E, alongsaid Northwest
line, a distance of 15.00 feet. to the Northerly corner of said Parcel; thence S37'21'10"E, along the
Northeast line of said Parcel, a distance of 350.00 feet, to the Easterly corner of said parcel; thence
S52'38'80"W, along the Southeast line of said Parcel, a distance of 39.00 feet, to the POINT OF BEGINNING;
Containing 0.13 acres, more or less
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2. The bearings shown hereon are based on a bearing of N52'38'50"E, along the Southeast line of Tax
Parcel 756.
3. 0 = Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION:
l hereby certify that the attached Property Description was prepared
EXHIBIT "A" under my direction, in accordance with all applicable requirements of
SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying in the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
ALLEN ENGINEERING, INC.
Allen Engineering, Inc.
SURVEYORS - ENGINEERS
COCOA BEACH, FLORIDA 32931 Not valid without the BY:
TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original ROBERT M. SALMON
WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net raised seal of a Florida Professional Surveyor & Mapper
3. licensed surveyor and mapper. Florida Registration No. 4262
2. PREPARED AND CERTIFIED FOR:
1. CHANGE EASEMENT NAME 9-24-14 CITY OF CAPE CANAVERAL
JOB NO. 140035 DATE: 5-28-14
L:\Survey\Drawings\2014\140035 City of Cape Canaveral Imperial Blvd\144035_TaxParcel756 Utility.dwg, 9/24/2014 11:21:30 AM
ATTACHMENT 5
Prepared by and return to: CFN 2014216737,OR BK 7240 PAGE 373.
Recorded 10/13/2014 at 02:24 PM.Scott Ellis, Clerk of Courts,
Anthony A. Garganese Brevard County
City Attorney # Pgs:8
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
PUBLIC UTILITY EASEMENT AGREEMENT
THIS PUBLIC UTILITY EASEMENT AGREEMENT (hereafter referred to as this
"Agreement") is given this 29th day of October , 2014, by SUNBELT-OCF,
LLC, a Florida limited liability company, whose address PO Box 5566, Dothan, AL
36302 ("Grantor"), to the CITY OF CAPE CANAVERAL, a municipality organized and
existing under the laws of the State of Florida, whose address is 105 Polk Avenue,
Cape Canaveral, Florida 32920 ("Grantee").
WITNESSETH:
WHEREAS, Grantor desires to grant and convey unto Grantee a public utility
easement ("Easement") to, over, under, upon, across and through that certain portion
of the Property described on Exhibit "A" attached hereto (hereinafter referred to as the
"Easement Area") for the construction, installation, operation, maintenance and repair
by Grantee, or its employees, agents, assignees or designees, of public utility lines,
mains, pipes, pumps, valves, wires, cables and similar utility appurtenances (hereinafter
referred to as the "Utilities"); and
WHEREAS, the Grantee agrees to accept such Easement on the terms set forth
herein below.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree
as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement by Grantor. Grantor does hereby create, grant, convey and
declare to exist an Easement to, over, under, upon, across and through the Easement
Area for the purpose of construction, installation, operation, maintenance and repair of
the Utilities.
3. Incidental Rights. The Easement hereby created and granted includes the
creation of all incidental rights reasonably necessary for the reasonable and safe use
and enjoyment of the Easement Area for its intended purposes, including, specifically,
the right of entry for purposes of construction, installation, operation, maintenance and
repair of any Utilities located within the Easement Area.
4. Construction and Maintenance. Grantee shall bear the entire cost and expense
of any construction, repair, alteration, replacement or removal activities performed
within the Easement Area related to or arising from the installation and maintenance of
the Utilities within the Easement. The Grantee shall also, at Grantee's cost and
expense, restore the Grantor's property and Easement Area to the condition which
existed prior to any such construction, repair, alteration, replacement or removal
activities, including, but not limited to, re-vegetation, re-sodding, re-paving, or removal
of debris or dirt caused by or resulting from such activities.
5. Use. Use of the Easement Area and entry upon the Easement Area will at all
times conform to and comply with the terms of this Agreement and all applicable
governmental regulations now in existence or hereafter created.
6. Grantor Duty of Non-Interference. Grantor agrees not to interfere or allow
others to interfere with Grantee's rights to use the Easement Area as specifically set
forth herein.
7. Duration. The Easement hereby granted and conveyed to, over, under, upon,
across, and through the Easement Area shall be perpetual in duration unless terminated
by Grantor and Grantee pursuant to the requirements of Paragraph 13 herein.
8. Warranty of Title. Grantor hereby warrants that: (i) Grantor owns the fee simple
title to the Easement Area, (ii) Grantor has good right and lawful authority to convey the
Easement granted herein, and (iii) the Easement Area is not encumbered by any
mortgages or other matters which would prohibit the use of the Easement Area for the
purposes contemplated herein.
9. Litigation and Attorneys Fees. In the event it shall be necessary for Grantor or
Grantee to bring suit for specific performance or damages or to enforce any provision
hereof, the prevailing party in any such litigation and any appeals there from shall be
entitled to recover from the other party, in addition to any damages or other relief
granted as a result of such litigation, all costs or expenses of such litigation and its
reasonable attorneys' fees and paralegals' fees as fixed by the Court.
10. Governing Law: Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue shall be Brevard County,
Florida for any dispute arising out of or from this Agreement.
2
11. Counterparts. This Agreement may be executed and delivered in any number of
counterparts, each of which so executed and delivered shall be deemed to be an
original and all of which shall constitute one and the same instrument.
12. Severability. If any provision, or a portion thereof, of this Agreement, or the
application thereof to any person or circumstances shall, to any extent, be held invalid,
inoperative or unenforceable, the remainder of this Agreement or the application of such
provision, or portion thereof, to any persons or circumstances shall not be affected
thereby and the remainder of this Agreement shall be given effect as if such invalid,
inoperative or unenforceable portion has not been included; such invalid, inoperative or
unenforceable provision, or portion thereof, or the application thereof to any person or
circumstances, shall not be given effect.
13. Amendment/Modification/Termination. This Agreement may be amended,
modified or terminated at any time only by an agreement in writing mutually agreed to,
executed and acknowledged by Grantor and Grantee and thereafter duly recorded in
the Public Records of Brevard County, Florida.
14. No Partnership. None of the terms or provisions of this Agreement shall be
deemed to create a partnership between the parties in the respective businesses or
otherwise, nor shall it cause them to be considered parties or members to any joint
venture or joint enterprise.
15. Indemnification.
(a) Each party does hereby release, indemnify and promise to defend and
save harmless the other party, to the fullest extent permitted by law, from and against
any and all liability, loss, damage expense, actions, and claims, including reasonable
attorney fees', paralegals' fees and costs incurred by the other party in defense thereof,
asserted or arising directly or indirectly on account of the acts or omissions of the
indemnifying party, their servants, agents, licensees, invitees, employees, and
contractors under the terms of this Agreement; provided, however, this paragraph does
not purport to indemnify a party against liability for damages arising out of bodily injury
to persons or damage to property caused by or resulting from the sole negligence of the
party itself, its agents, or employees.
(b) This indemnity provision is not intended as a waiver of the City of Cape
Canaveral's common law right of sovereign immunity, as adopted in Fla. Stat.§ 2.01.
The limited waiver of sovereign immunity set forth in Fla. Stat. § 768.28 for tort actions
brought against the City of Cape Canaveral shall be applicable to any action brought
pursuant to this indemnity provision, even if the indemnity action sounds in contract
rather than tort.
16. Benefits and Burdens. The benefits and burdens of this Agreement shall run with
the Easement Area and be appurtenant thereto, with the effect that any person or entity
which acquires an interest in the Easement Area shall be entitled to the benefits and be
bound by the burdens hereof.
3
IN WITNESS WHEREOF, Grantor and Grantee have caused this Public Utility
Easement Agreement to be executed in manner and form sufficient to bind them as of
the date and year first above written.
Signed, sealed and delivered
in the presence of:
"GRANTOR"
SUNBELT-OCF, LLC, a Florida
limited liability Company
By: [signature]
Print name/title: Hayne Hows
[signature] Managing Member
Print Name: Kelli Hicks
[signature]
Print Name: Jennnifer S. McInish
STATE OF Alabama
COUNTY OF Houston
The foregoing instrument was acknowledged before me on this 15th day of
Oct. , 2014 by Hayne Hows , Managing Mbr . of
Sunbelt-OCF, LLC who is X personally known to me or produced
as identification and did not take an oath.
[notary seal from Alabama]
[signature] Notary Public
Sara Lee Brown
Print Name
Commission Number:
N/A
My Commission Expires:
6/5/2018
4
"GRANTEE"
ATTEST: CITY OF CAPE CANAVERAL
[signature] By: [signature]
Angela Apperson, City Clerk David Greene, City Manager
Date: 10/29/14
(Affix city Seal)
5
EXHIBIT"A"
Legal Description and Sketch of the Easement Area
6
SKETCH TO ACCOMPANY DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Tax Parcel 26
[sketch of construction area]
DESCRIPTION
NOT A BOUNDARY SURVEY
Utility Easement Over Tax Parcel 26
DESCRIPTION:
An easement for the installation and maintenance of utilities, lying in Section 15, Township 24 South.
Range 37 East, being a portion of that Parcel described in that Warranty Deed recorded in Official
Records Book 4142, Page 2634 and 2635 of the Public Records of Brevard County. Florida, being more
particularly described as follows:
Commence at the Westerly corner of said Parcel; thence N52'38'50"E, along the Northwest line of said
Parcel, a distance of 485.19 feet, to the Northwest corner of said Parcel, ; thence S89'28'37E, along the
North line of said Parcel, a distance of 25.10 feet, to the POINT OF BEGINNING of the herein described
easement; thence continue S89'28'37E, along said North line, a distance of 19.00 feet, to the Northeast
corner of said Parcel; thence S37'21'10"e, along the Northeast line of said Parcel, a distance of 270.50
feet, to the Easterly corner of said Parcel; thence S52'38'50"W, along the Southeast line of said Parcel, a
distance of 15.00 feet; thence N37'21'10"W, parallel with and 15.00 feet Southwest of the Northeast line of
said Parcel, a distance of 262.16 feet, to the POINT OF BEGINNING; Containing 0.10 acres, more or less.
SURVEYOR'S NOTES:
1: THIS IS NOT A SURVEY.
2: The bearings shown hereon are based on a bearing of N52'38'50"E, along the Northwest line of Tax
Parcel 26.
3: o = Denotes change in direction (no corner found or set).
SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION
SURVEYOR'S CERTIFICATION:
EXHIBIT "A" I hereby certify that the attached Property Description was prepared
SHEET 2 OF 2 under my direction, in accordance with all applicable requirements of
the "Minimum Technical Stanards," for all land surveying in the State of
Florida, described in Chapter 5J-17, Florida Administrative Code,
pursuant to Chapter 472.027, Florida Statutes.
Allen Engineering, Inc. ALLEN ENGINEERING, INC.
SURVEYORS - ENGINEERS
106 DIXIE LANE
COCOA BEACH, FLORIDA 32931 Not valid without the BY:
TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original ROBERT M. SALMON
WEBSITE: www.alleneng.net - EMAIL: info@alleneng.net raised seal of a Florida Professional Surveyor & Mapper
3. licensed surveyor and mapper. Florida Registration No. 4262
2. PREPARED AND CERTIFIED FOR:
1. CHANGE EASEMENT NAME 6-18-14 CITY OF CAPE CANAVERA:
JOB NO. 140035 DATE: 5-28-14
L:\Survey\Drawings\2014\140035 City of Cape Canaveral Imperial Blvd\140035_TaxParcel26 Utility.dwg, 9/24/2014 11:23:46 AM
Attachment 6
[sketch of construction area]
Atachment 7
[sketch of construction area]
Attachment 8
[sketch of construction area]
ATTACHMENT 9
From: clark[mailto:maxapprais@aol.com]
Sent: Saturday, October 18, 2014 10:20 AM
To:Todd Morley
Subject: Re: Appraisal
Good morning Todd,
I have calculated the new values for the easement parcels. They are tabulated as:
PARCEL OWNER PARENT EASEMENT EASEMENT
ACRE SIZE ACRE SIZE VALUE
1 SHELDON COVE 4.04 .017 $1,900
2 SHELDON COVE 4.04 .038 $4,200
3 SHELDON COVE 2.56 .077 $29,000
4 8910 ASTRONAUT 4.18 .129 $48,000
5 STROUD 3.00 .10 $37,000
Please let me know if you have any questions or comments.
Thanks,
Clark Maxwell
[city seal] City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
Item No. 6
Subject: Ordinance No. 14-2014; adopting the amendments to the Annual General
Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds
and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2013,
and ending September 30, 2014; providing for the repeal of prior inconsistent
ordinances and resolutions; providing for an effective date, second reading.
Department: Administrative Services
Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 14-
2014, Attachment #1, is presented for adoption. Exhibit "A" to the Ordinance details the
Revenues and Expenditures pertaining to the FY 2014 Starting Budget; FY 2014
Budget Transfers; FY 2014 Year-end Budget Adjustments; and concludes with the FY
2014 Ending Budget. The revenues and expenditures have been adjusted to reflect
what we believe to be the final Budget. This allows you to see revenue that has
exceeded estimates or was under-realized.
On the expenditures, it allows you to see where money was saved or in some cases,
where projects were budgeted, but for some reason not completed, such as North
Atlantic Avenue Improvements Project and the Wastewater Treatment Refurbishment
Project, which have been re-budgeted for FY 2014/15. Attachment #2 shows a
complete FY 2014 Budget Adjustment Detail sequentially numbered by
Account/Department. As with past years, the Comprehensive Audited Financial Report
(CAFR) will provide the actual expenditures for this budget year.
Final adjustments and updates have been completed since the First Reading on
October 16, 2014 City Council Meeting and it is anticipated that the FY 13/14 Estimated
Ending Fund Balances are as follows:
General Fund $1,100,000
Special Revenue Fund $41,875
Capital Projects Fund $500,000
Wastewater Enterprise Fund $250,000
Stormwater Enterprise Fund $150,000
Ordinance No. 14-2014 was approved at first reading on October 16, 2014. The Notice
of Public Hearing was advertised in Florida Today on October 24, 2014.
Submitting Department Director: John DeLeo Date: 11/10/2014
Attachments:
#1 Ordinance No. 14-2014 with Exhibit "A"
#2 Budget Adjustment Detail
Financial Impact: No additional financial impact is experienced through the formal
adoption of the Budget Adjustments & Amendments; however, the financial impact of
each Adjustment or Amendment is recorded at the face value of the Amendment.
City Council Meeting Date: 11/18/2014
Item No. 6
Page 2 of 2
Reviewed by Finance Director: John DeLeo Date: 11/10/14
The City Manager recommends that City Council take the following action:
Adopt Ordinance No. 14-2014, second reading.
Approved by City Manager: David L. Greene Date: 11/10/14
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment 1
ORDINANCE NO. 14-2014
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE
ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY
FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND
ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
SECTION 1. The Amendments to the Annual General Fund, Special Revenue Funds,
Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets which
are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida
for the fiscal year beginning October 1, 2013, and ending September 30, 2014, are hereby approved
and adopted.
SECTION 2. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
, 2014.
Rocky Randels, Mayor
ATTEST: FOR AGAINST
John Bond
Angela Apperson, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels _
Approved as to form:
Betty Walsh
Anthony A. Garganese, City Attorney
First Reading: 10/21/2014
Legal Ad Published: 10/24/2014
Second Reading: 11/18/2014
City of Cape Canaveral Exhibit A
Statement of Revenues & Expenditures
Period Ended September 30, 2014
GENERAL FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 399,768 $ - $ 2,128,918 $ 2,528,686
Cash Forward - Trans Impact Fees 765,000 - 36,062 801,062
Cash Forward - R&R 250,120 - (93,251) 156,869
Ad Valorem Taxes 3,191,484 - (5,728) 3,185,756
Local Option Gas Tax 365,000 - (81,428) 283,572
Franchise Fees 640,000 - 13,022 653,022
Utility Taxes 1,100,036 - (5,835) 1,094,201
Communications Service Tax 564,000 - (79,049) 484,951
Permits & Licenses 243,350 - (14,176) 229,174
Impact Fees 1,440 - 292,238 293,678
Federal Grants 113,000 - (113,000) -
State Grants 18,000 - (18,000) -
State Shared Revenue 742,127 - 22,766 764,893
Local Shared Revenue 154,000 - (4,884) 149,116
Charges for Services 36,175 - (8,658) 27,517
Garbage & Recycling Revenue 1,028,300 - (44,837) 983,463
Recreation Fees 99,896 - (13,879) 86,017
Fines & Forfeitures 57,900 - 22,949 80,849
Interest Income 128,409 - (69,436) 58,973
Fire Hydrant Rental Fee 54,375 - 4,590 58,965
Miscellaneous Revenue 91,625 - 181,827 273,452
Transfer from School Guard Crossing Fund 2,973 - - 2,973
Transfer from Capital Construction Fund - 3,500 189,551 193,051
Contribution from Wastewater Fund 337,300 - 3,858 341,158
Loan Proceeds - - 5,500,000 5,500,000
TOTAL REVENUES $ 10,384,278 $ 3,500 $ 7,843,623 $ 18,231,441
EXPENDITURE
Legislative $ 46,154 $ - (26,376) $ 19,778
Administrative Services 395,783 - (13,061) 382,722
Community&Economic Development 404,379 - (92,744) 311,635
Protective Services 2,688,626 - (22,149) 2,666,477
Fire/Rescue Services 1,752,461 339 3,947 1,756,747
Building & Code Enforcement 335,863 - (6,445) 329,418
Infrastructure Maintenance 870,542 6,000 (96,438) 780,104
Leisure Services 697,697 61,500 (62,635) 696,562
Legal Services 115,000 25,000 7,102 147,102
Solid Waste 1,013,100 - (41,725) 971,375
Non-Departmental 625,314 5,000 (268,514) 361,800
Transfer to Community Redevelopment Agency 100,000 - - 100,000
Transfer to Capital Construction Fund - - 2,215,235 2,215,235
Transfer to Wastewater Enterprise Fund - - 425,000 425,000
Transfer to N Atlantic Ave Improvement Fund 808,518 - 36,062 844,580
Contingency 530,841 (94,339) 5,786,362 6,222,864
TOTAL EXPENDITURES $ 10,384,278 $ 3,500 $ 7,843,623 $ 18,231,401
Excess of Revenues Over/(Under)Expenditures $ 0
Page 1 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
POLICE EDUCATION FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Police Education Income $ 1,050 $ - $ (252) $ 798
Interest Income 200 - (64) 136
TOTAL REVENUES $ 1,250 $ - $ (315) $ 935
EXPENDITURE
Education & Training $ - $ - $ - $ -
Contingency 1,250 - (315) 935
TOTAL EXPENDITURES $ 1,250 $ - $ (315) $ 935
Excess of Revenues Over/(Under)Expenditures $ -
FIRE PROTECTION FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Interest Income $ 475 $ - $ (201) $ 274
Impact Fees 1,000 - (1,000) -
Net Increase(decrease)in FMV - - -
TOTAL REVENUES $ 1,475 $ - $ (1,201) $ 274
EXPENDITUR
Contingency $ 1,475 $ - $ (1,201) $ 274
TOTAL EXPENDITURES $ 1,475 $ - $ (1,201) $ 274
Excess of Revenues Over/(Under)Expenditures
SCHOOL CROSSING GUARD FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 3,200 $ - $ (227) $ 2,973
Parking Fine Surcharge 1,400 - 1,125 2,525
Interest Income 58 - (16) 42
TOTAL REVENUES $ 4,658 $ - $ 881 $ 5,539
EXPENDITURE
Transfer to General Fund $ 3,200 $ - $ (227) $ 2,973
Contingency 1,458 - 1,108 2,566
TOTAL EXPENDITURES $ 4,658 $ - $ 881 $ 5,539
Excess of Revenues Over/(Under)Expenditures $ 0
Page 2 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
LIBRARY FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Ad Valorem Taxes $ 57,613 $ - $ 24 $ 57,637.06
Ad Valorem Tax Delinquent 100 - 884 984
Tax Penalty Income 25 - 166 190
Interest Income 2,560 - 1,137 3,697
Interest-Library Impact Fees 2,000 - (2,000) -
Interest-Tax Collections - - 2 2
Net Increase(decrease)in FMV - - (5,402) (5,402)
Impact Fees-Library 410 - (410) -
Transfer from Capital Construction Fund 34,700 - 159,097 193,797
TOTAL REVENUES $ 97,408 $ - $ 153,498 $ 250,906
EXPENDITURE
Operating Expenses $ 39,515 $ - $ (9,668) $ 29,847
Capital Purchases 37,110 - (4,309) 32,801
Contingency 20,783 - 167,474 188,257
TOTAL EXPENDITURES $ 97,408 $ - $ 153,498 $ 250,906
Excess of Revenues Over/(Under)Expenditures $ -
CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Shared Revenue from Cape Canaveral $ 11,100 $ - $ 2,547 $ 13,647
Shared Revenue from Brevard County 11,500 - 5,647 17,147
Interest Income 500 - (500) -
Net Increase(decrease)in FMV - - - -
Transfer from General Fund 100,000 - - 100,000
TOTAL REVENUES $ 123,100 $ - $ 7,694 $ 134,794
EXPENDITURE
Operating Expenses $ 5,800 $ - $ 2,462 $ 8,262
Capital Purchases 117,300 - 5,232 122,532
TOTAL EXPENDITURES $ 123,100 $ - $ 7,694 $ 130,794
Excess of Revenues Over/(Under)Expenditures $ (0)
Page 3 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
LAW ENFORCEMENT TRUST FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 2,973 $ - $ - $ 2,973
Interest-State 195 - (113) 82
Net Increase( ecrease)in FMV - - (198) (198)
TOTAL REVENUES $ 3,168 $ - $ (311) $ 2,857
EXPENDITURE
School Resource Officer $ 2,973 $ - $ - $ 2,973
Contingency 195 - (311) (116)
TOTAL EXPENDITURES $ 3,168 $ - $ (311) $ 2,857
Excess of Revenues Over/(Under)Expenditures $ 0
Page 4 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
CAPITAL CONSTRUCTION FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward-General Government $ 2,631,075 $ - $ (2,334,197) $ 296,878
Cash Forward-Fire/Rescue 2,454,419 - (188,324) 2,266,095
Cash Forward-Protective Services - - - -
Cash Forward-Leisure Services - - - -
Cash Forward-Library 34,700 - 159,097 193,797
Interest-General Government 4,796 - (3,992) 804
Interest-Fire/Rescue 1,210 - (970) 240
Net Increase(decrease)in FMV - - 298 298
Transfer from General Fund - - 2,215,235 2,215,235
Cap.Expansion Fees-General Government 543 - (543) -
Cap.Expansion Fees-Fire/Rescue 331 - (331) -
TOTAL REVENUES $ 5,127,074 $ - $ (153,723 $ 4,973,346
EXPENDITURE
Capital-General Government $ 2,631,075 $ - $ (2,292,097) $ 338,978
Capital-Fire/Rescue 2,454,419 - (173,555) 2,280,864
Transfer to General Fund - - 193,051 193,051
Transfer to Library Fund 34,700 - 159,097 193,797
Contingency-General Government 5,339 - 1,961,316 1,966,655
Contingency-Fire/Rescue 1,541 - (1,541) -
TOTAL EXPENDITURES $ 5,127 074 $ - $ (153,728) $ 4,973,346
Excess of Revenues Over/(Under)Expenditures $ 0
N. ATLANTIC AVE. IMPROVEMENT FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
FDOT/Unobligated Reserves $ 736,038 $ - $ (736,038) $ -
Interest-TIFT Funds - - 6,399 6,399
Net Increase(decrease)in FMV - - - -
Transfer from GF-TIFT&SPIA 981,928 - (137,348) 844,580
SRF Loan Proceeds 468,300 - (468,100) -
TOTAL REVENUES $ 2,186,266 $ - $ (1,335,287) $ 850,979
EXPENDITURE
Contingency-Transportation $ - $ - $ 557,301 $ 557,301
Capital Purchases 2,186,266 - (1,892,588) 293,678
TOTAL EXPENDITURES $ 2,186,266 $ - $ (1,335,247) $ 850,979
Excess of Revenues Over/(Under)Expenditures $ 0
Page 5 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
WASTEWATER ENTERPRISE FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 1,552,071 $ - $ (161,282) $ 1,390,789
Utility Operating Income 3,373,020 - 38,563 3,411,583
Utility Penalty Income 51,600 - 7,633 59,233
Impact Fees 25,152 - 1,013 26,165
Reuse Hook-up Fees 5,000 - (3,691) 1,309
Reclaimed Water Revenue 66,400 - 5,238 71,638
Investment Income 14,400 - (1,503) 12,897
Sale of Fixed Assets 15,000 - (15,000) -
Transfer from General Fund - - 425,000 425,000
SRF Loan Proceeds - - - -
Net Increase(decrease)in FMV - - (3,014) (3,014)
TOTAL REVENUES $ 5,102,643 $ 292,956 $ 5,395,599
EXPENDITURE
Personal Services $ 1,275,529 $ - $ (111,003) $ 1,164,526
Operating Expenses 918,849 56,000 (149,087) 825,762
Debt Service 649,385 - (2) 649,383
Contribution to General Fund 337,300 - 3,858 341,158
Transfer to Enterprise Capital Fund 1,677,360 15,789 (286,571) 1,406,578
Contingency 244,220 (71,789) 835,760 1,008,191
TOTAL EXPENSES $ 5,102,643 $ - $ 292,956 $ 5,395,599
Excess of Revenues Over/(Under)Expenses $ -
Page 6 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
STORMWATER ENTERPRISE FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Cash Forward $ 6,915 $ - $ 172,974 $ 179,889
Stormwater Utility Fees 581,400 - (1,906) 579,494
Investment Income 15,072 - (8,037) 7,035
SRF Loan Proceeds - - - -
Net Increase(decrease)in FMV - - (15) (15)
TOTAL REVENUES $ 603,387 $ - $ 163,015 $ 766,402
EXPENDITURE
Personal Services $ 202,625 $ - $ (6,097) $ 196,528
Operating Expenses 237,475 - (82,060) 155,415
Transfer to Enterprise Capital Fund 91,915 - 172,974 264,889
Loss on Disposal of Fixed Asset - - 340 340
Contingency 71,372 - 77,858 149,230
TOTAL EXPENSES $ 603,387 $ - $ 163,015 $ 766,402
Excess of Revenues Over/(Under)Expenses $ -
Page 7 of 8
City of Cape Canaveral
Statement of Revenues & Expenditures
Period Ended September 30, 2014
ENTERPRISE CAPITAL FUND
FY 2014 FY 2014 FY 2014 FY 2014
STARTING BUDGET YR END BUDGET ENDING
BUDGET TRANSFERS ADJUSTMENTS BUDGET
REVENUE
Transfer from Wastewater Fund $ 1,661,571 $ 15,789 $ (152,133) $ 1,525,227
Transfer from Stormwater Fund 91,915 22,974 150,000 264,889
SRF Loan Proceeds 4,101,200 - (4,101,200) -
TOTAL REVENUES $ 5,854,686 $ 38,763 $ (4,103,333) $ 1,790,116
EXPENDITURE
Capital - Wastewater $ 5,316,671 $ 15,789 $ (3,773,369) $ 1,559,091
Capital - Stormwater 538,015 22,974 (329,964) 231,025
TOTAL EXPENSES $ 5,854,686 $ 38,763 $ (4,103,333) $ 1,790,116
Excess of Revenues Over/(Under)Expenses $ -
Page 8 of 8
General Ledger
Budget Adjustment Detail City of
Cape Canaveral
Attachment 2
Beginning Transfer Ending
.Account # Transaction Description Budget Amount Budget
001-000-351-351505 Parking Fine Surcharge C-Grd $ -
03/04/2014 Close Fund 103. Move Budget to General Fund. $ 1,400
04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ (1,400) $ -
001-000-361-361103 Interest Income Crossing Grd $ -
03/04/2014 Close Fund 103 School Crossing Guard. Move Budget to General Fund $ 58
04/01/2014 Undo Budget Adjustment to close Fund 103. Fund will remain open. $ (58) $ -
001-000-380-380302 Transfer From Fund 302 $ -
11/06/2013 Cover Improvements to Softball Field at Canaveral Park $ 3,500 $ 3,500
001-005-522-341101 LOSAP Retirement Program $ 7,500
10/15/2013 Cover LOSAP premium October 2013 - September 2014. From 001-017-901-990000 $ 339 $ 7,839
001-005-522-641000 Fire Fighting Equipment $ 75,500
11/04/2013 To correct budget when installed to reflect correct account. To 001-005-522-642000 $ (75,500) $ -
001-005-522-642000 Fire Fighting Equipment - R&R $ -
11/04/2013 To correct budget when installed to reflect correct account. From 001-005-522-641000 $ 75,500 $ 75,500
001-006-524-330000 Professional Services $ 500
07/15/2014 Cover unforseen lot mowing & ensure adequate fuel & vehicle repair funds to year end. From 001-006-524-520000 $ 800 $ 1,300
001-006-524-520000 Operating Supplies $ 8,644
07/15/2014 Cover unforseen lot mowing and ensure adequate fuel and vehicle repair funds to year end. To 001-006-524-330000 $ (800)
07/15/2014 Cover unforseen lot mowing and ensure adequate fuel and vehicle repair funds to year end. To 001-006-524-524000 $ (200) $ 7,644
001-006-524-524000 Motor Fuel & Lubricants $ 2,000
07/15/2014 Cover unforseen lot mowing and ensure adequate fuel and vehicle repair funds to year end. From 001-006-524-520000 $ 200 $ 2,200
001-007-541-462000 Equipment Maintenance $ 7.450
02/25/2014 Cover Vehicle Repairs Asset#3226 2003 Ford Dump Truck. From 001-007-541-530000 $ 5,000
05/27/2014 Perfonn maintenance on IM Vehicles as needed.007 From 001-017-901-990000 $ 6,000 $ 18,450
001-007-541-530000 Street Repairs $ 14,950
02/25/2014 Cover Vehicle Repairs Asset#3226 2003 Ford Dump Truck. To 001-007-541-462000 $ (5,000) $ 9,950
001-007-541-630000 Capital-Infrastructure $ 58,000
08/07/2014 Cover cost of replacement trailer for Work Release Crew. To 001-007-541-640000 $ (3,200) $ 54,800
001-007-541-640000 Capital-Machinery and Equip. $ 3,000
08/07/2014 Cover cost of replacement trailer for Work Release Crew. From 001-007-541-630000 $ 3,200 $ 6,200
1
General Ledger
Budget Adjustment Detail City of
Cape Canaveral
Beginning Transfer Ending
Account # Transaction Description Budget amount Budget
001-011-572-630000 Capital-Infrastructure $ 112,000
11/06/2013 Cover Improvements to Softball Field at Canaveral Park. $ 3,500
08/22/2014 Complete Pedway at Manatee Sanctuary Park From 001-017-901-000000 $ 58,000 $ 173,500
001-013-514-310000 Legal Services $ 105,000
08/18/2014 Cover the cost of increased legal fees as a result of hourly rate increase. From 001-017-901-000000 $ 25,000 $ 130,000
001-017-901-462000 Equip.Maint.-City Network $ 80,000
09/08/2014 Cover cost of additional laserfiche licenses and shortfall in account. From 001-017-001-000000 $ 5,000 $ 85,000
001-017-001-000000 Contingency $ 530,841
10/15/2013 Cover LOSAP premium October 2013-September 2014. To 001-005-522-341101 $ (339)
03/04/2014 Close Fund 103 School Crossing Guard.Move Budget to General Fund. $ 1,458
04/01/2014 Undo Budget Adjustment to close Fund 103.Fund will remain open. $ (1,458)
05/27/2014 Perfonn maintenance on IM Vehicles as needed.007 To 001-007-541-462000 $ (6,000)
08/18/2014 Cover the cost of increased legal fees as a result of hourly rate increase. To 001-013-514-310000 $ (25,000)
08/22/2014 Complete Pedway at Manatee Sanctuary Park To 001-011-572-630000 $ (58,000)
00/08/2014 Cover cost of additional laserfiche licenses and shortfall in account. To 001-017-001-462000 $ (5,000) $ 436,502
103-000-351-351505 Parking Fine Surcharge $ 1,400
03/04/2014 Close Fund 103 School Crossing Guard.Move Budget to General Fund. $ (1,400)
04/01/2014 Undo Budget Adjustment to close Fund 103.Fund will remain open. $ 1,400 $ 1.400
103-000-361-361100 Interest Income $ 58
03/04/2014 Close Fund 103 School Crossing Guard and move Budget to General Fund. $ (58)
04/01/2014 Undo Budget Adjustment to close Fund 103.Fund will remain open. $ 58 $ 58
103-021-521-900000 Contingency $ 1,458
03/04/2014 Close Fund 103 School Crossing Guard Move Budget to General Fund. $ (1,458)
04/01/2014 Undo Budget Adjustment to close Fund 103.Fund will remain open. $ 1,458 $ 1,458
106-016-559-310000 Legal Fees $ 1,000
08/18/2014 Cover the cost of legal support through end of FY. From 106-016-559-630000 $ 800 $ 1,800
106-016-550-630000 Grant Programs $ 101,300
08/18/2014 Cover the cost of legal support through end of FY. To 106-016-550-310000 $ (800) $ 100,500
401-010-535-431000 Sludge Disposal Fees $ 50,450
11/18/2013 Cover the cost of Sludge removal not budgeted. From 401-010-535-000000 $ 21,000
08/18/2014 Cover cost of Sludge Disposal changed in Waste Pro agreement. From 401-010-535-900000 $ 7,000 $ 78,450
401-010-535-462200 Collection System Maintenance $ 33,300
09/12/2014 Emergency Replacement of Sewer line between two manholes West Central Blvd. From 401-010-535-000000 $ 28,000 $ 61,300
2
General Ledger
Budget Adjustment Detail City of
Cape Canaveral
[Beginning] [Transfer] [Ending]
Account # Transaction Description Budget Amount Budget
401-010-535-910405 Transfer to Enterprise Capital $ 1,661,571
11/12/2013 Correct entry on previous Budget Adjustment. From 401-010-581-910405 $ 15,789 $ 1,677,360
401-010-535-990000 Contingency $ 316,009
11/07/2013 Cover cost of new lift station pump. $ (15,789)
11/18/2013 Cover the cost of Sludge removal not budgeted. To 401-010-535-431000 $ (21,000)
08/18/2014 Cover cost of Sludge Disposal changed in Waste Pro agreement. To 401-010-535-431000 $ (7,000)
09/12/2014 Emergency Replacement of Sewer line between two manholes West Central Blvd. To 401-010-535-462200 $ (28,000) $ 244,220
405-000-381-381401 Transfer from Wastewater Fund $ 1,661,571
11/07/2013 Cover cost of new lift station pump. $ 15,789 $ 1,677,360
405-000-381-381403 Transfer from Stormwater Fund $ 91,915
09/18/2014 Add budget to cover cost of Manatee Parking Lot Paving-SW portion. $ 22,974 $ 114,889
405-010-535-623002 Sludge Belt Press Refurbishment $ 937,062
07/10/2014 Cover the cost of new Piermont Mixer. To 405-010-535-632006 $ (35,000) $ 902,062
405-010-535-631004 Lift Station Rehabilitation $ 233,832
06/19/2014 Cover Task Order #5-LS6 Upgrades-Tetra Tech,Inc. From 405-010-535-643012 $ 130,000 $ 363,832
405-010-535-632006 Piennount Mixer Replacements $ 21,000
07/10/2014 Cover the cost of new Piermont Mixer. From 405-010-535-623002 $ 35,000 $ 56,000
405-010-535-632008 Lift Station Pump Replacements $ 25,000
11/07/2013 Cover cost of new lift station pump $ 15,789
09/02/2014 Sampler needed to be replaced per DEP Permit Requirement To 405-010-535-641003 $ (6,000) $ 34,789
405-010-535-641003 Wastewater Sampler Replacement $ 7,000
09/02/2014 Sampler needed to be replaced per DEP Permit Requirement From 405-010-535-632008 $ 6,000 $ 13,000
405-010-535-643012 Reclaimed Water Tank $ 1,360,121
06/19/2014 Cover Task Order 05-LS06&07 Upgrades-Tetra Tech,Inc. To 405-010-535-631004 $ (130,000) $ 1,230,121
405-018-538-631002 Revise Stormwater Master Plan $ 65,000
04/21/2014 Additional Funds Needed for Stormwater Masterplan Revision. From 405-018-538-633003 $ 1,200 $ 66,200
405-018-538-631004 Manatee Sanctuary Parking Lot $ -
09/18/2014 Cover cost of Manatee Parking Lot Paving-SW Portion $ 22,974 $ 22,974
405-018-538-633003 W.Central BIvd.Pipe Replacemnt $ 211,400
04/21/2014 Additional Funds Needed for Stormwater Masterplan Revision. To 405-018-538-631002 $ (1,200)
06/19/2014 Cover Canaveral City Park Exfiltration System Task Order #3-GeoSyntec. To 405-018-538-633005 $ (90,000) $ 120,200
405-018-538-633005 Canaveral Prk Exfiltration Sys $ 85,000
06/19/2014 Cover Canaveral City Park Exfiltration System Task Order #3-GeoSyntec. From 405-018-538-633003 $ 90,000 $ 175,000
3
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 11/18/2014
Item No.
Subject: Ordinance No. 15-2014; amending Chapter 110 Zoning, related to setback
encroachments; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date, first reading.
Department: Community and Economic Development
Summary: This item is to consider expanding the list of allowed encroachments within
required setbacks to include air conditioning and pool related components.
The City's current Code of Ordinances includes a list of allowed setback encroachments
within Section 110-538. The list includes such items as:
• Movable awnings may project not over three feet into a required setback.
• Chimneys, fireplaces or pilasters may project not over two feet into a required
setback.
• Fire escapes, stairways and balconies which are unroofed and unenclosed may
project not over five feet into a required rear yard setback or not over three feet
into a side setback and shall not project into a required front setback of a
multiple dwelling, hotel or motel.
• Hoods, canopies or marquees may project not over three feet into a required
setback.
• Fences, walls and hedges shall be permitted in the required setbacks.
• Roof overhangs (eaves) may project not over two feet into a required setback.
• Air conditioner units may project not over five feet into a required rear setback.
• Emergency pad-mounted generators.
• Conveyor systems may be located within setbacks in the M-1 district by special
exception.
The City has revised its list of allowed encroachments several times. In September
2005, the Council approved Ordinance No.15-2005 which allowed emergency pad-
mounted generators (EPMG) to encroach five and one-half feet into any required
setback. The revision also stipulated that in no case shall an EPMG be any closer than
two and one-half feet from a property line, fence or structure. In October 2005, the
Council approved Ordinance No.16-2005 which allowed conveyor systems within M-1
setbacks as a special exception.
Currently, the Code allows air conditioning units to project no more than five feet into a
rear setback. The revision would allow air conditioning units and pool equipment to
project no more than five feet into a required rear or side setback.
Additionally, this proposed ordinance corrects a scrivener's error found in Sec. 110-
538(7) which will read "Open, unenclosed porches, platforms or paved terraces not
covered by a roof or a canopy and which do not extend above the level of the first floor
of the building may extend or project into the required setback."
City Council Meeting Date: 11/18/2014
Item No.
Page 2 of 2
On August 27, 2014, the Planning & Zoning Board requested Staff review the 1983
Zoning Ordinance to determine what encroachments were allowed at that time. Staff
researched sections from the 1975, 1983 and 1990 Zoning Codes related to setback
encroachments. It was determined that the allowed encroachments have remained
fairly constant since 1975.
On October 8, 2014, the Planning and Zoning Board recommended approval of the
proposed Ordinance.
Submitting Department Director: Todd Morley 1mi Date: 10/28/14
Attachments:
1 — Ordinance No. 15-2014
Financial Impact: Staff time and effort to prepare this Agenda Item; costs of advertising
and codification.
Reviewed by Finance Director: John DeLeo Date:
The City Manager recommends that City Council ke the following action:
Approve Ordinance No. 15-2014, first reading.
Approved by City Manager: David L. Greene Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Attachment #1
ORDINANCE NO. 15-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110
ZONING, RELATED TO SETBACK ENCROACHMENTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and
WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation
Act set forth in Chapter 163 of the Florida Statutes provides for the ability of the City of Cape Canaveral
to plan for its future development and growth and provide necessary regulations for same; and
WHEREAS, the City Council finds a need to modify the City Code to permit air conditioner
units and pool equipment components to encroach into side and rear setbacks; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the proposed
code amendment at a duly noticed public hearing held on August 27, 2014, and said Board and city staff
have recommended approval of such amendment; and
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in
the best interest of the public health,safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions while asterisks
(***)indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in
Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 110.ZONING
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
***
DIVISION 5. SETBACKS
***
Sec.110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the sky,
except as follows or as otherwise permitted in this chapter:
(1) Sills or belt courses may project not over 18 inches into a required setback.
(2) Movable awnings may project not over three feet into a required setback.
(3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback.
(4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over
five feet into a required rear setback or not over three feet into a side setback and shall not project
into a required front setback of a multiple dwelling,hotel or motel.
(5) Hoods, canopies or marquees may project not over three feet into a required setback.
(6) Fences,walls and hedges shall be permitted in the required setback,subject to this chapter.
(7) Open,enclosed porches,platforms or paved terraces not covered by a roof or a canopy and which
do not extend above the level of the first floor of the building may extend or project into the
required setback.
(8) Signs for on-site advertising shall be in conformance with chapter 94 pertaining to signs.
(9) Roof overhangs(eaves) may project not over two feet into a required setback.
(10) Air conditioner units and pool equipment may project not over five feet into a required rear or
side setback.
(11) Emergency pad-mounted generators as provided for in section 110-484.
(12) Conveyor systems may be located within setbacks in the M-1 light industrial and research and
development district by special exception, for purposes of moving aggregate and other materials.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior Inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in
conflict herewith,are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall he incorporated into the Cape Canaveral
City Code and any section or paragraph, number or letter, and any heading may be changed or modified
as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected
and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and
the City Code may be freely made.
Section 5. Severity. If any section, subsection, sentence, clause, phrase, word or provision of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity of the remaining portions ofthis
Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by
the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of
, 2014.
ROCKY RANDELS, Mayor
ATTEST:
For Against
John Bond
ANGELA APPERSON,City Clerk,MMC
Bob Hoog
First Reading: November 18, 2014 Buzz Petsos
Legal Ad published:
Second Reading: Rocky Randels
Approved as to legal form and sufficiency Betty Walsh
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE,City Attorney