HomeMy WebLinkAboutP&Z Agenda Packet 5-27-2015PLANNING & ZONING BOARD
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
MAY 27, 2015
6:00 P.M.
AGENDA
CALL TO ORDER:
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
Planning & Zoning Board 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 Planning & Zoning Board will not
take any action under the "Reports and Open Discussion" section of the agenda.
The Planning & Zoning Board may schedule items not on the agenda as regular
items and act upon them in the future.
NEW BUSINESS:
1. Approval of Meeting Minutes: January 28, 2015.
2. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to Board of Adjustment Re: Special Exception No. 15-02 to authorize a
storage warehouse/office in the C-2 Zoning District, per City Code of
Ordinances, Section 110-383, Special Exceptions permissible by the Board
of Adjustment — O. Wave, Inc. — Owner - (280 W. Central Blvd.).
3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to Board of Adjustment Re: Change of Use to authorize a 5 -unit townhouse
in the R-2 Zoning District, per City Code of Ordinances, Section 110-195(e)
— Antonio Romano — Owner - (350 Monroe Avenue).
4. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation
to City Council Re: Preliminary Plat in the C-1 Zoning District, per City Code
of Ordinances, Chapter 98, Article II. Plats and Lot Splits — Brian
Thomton/RaceTrac Petroleum, Inc. — Owner - (8899 Astronaut Boulevard).
Planning & Zoning Board Meeting Agenda
May 27, 2015
Page 2
REPORTS AND OPEN DISCUSSION:
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 Planning &
Zoning Board 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 Community Development Department (868-
1222, ext. 15) 48 hours in advance of the meeting.
ay.y" I
PLANNING & ZONING BOARD
MEETING MINUTES
January 28, 2015
A Meeting of the Planning & Zoning Board was held on January 28, 2015, at the Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at
6:05 p.m. by Chairperson John Price. The Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT
John Price Chairperson
Lamar Russell Vice Chairperson
Craig Kittleson
Harry Pearson
Dr. John Fredrickson
Ronald Friedman
Mike Moulton
OTHERS PRESENT
Kimberly Kopp
Assistant City Attorney
Todd Morley
Economic Development Director
David Dickey
Community Development Director
Patsy Huffman
Board Secretary
PUBLIC PARTICIPATION:
None
NEW BUSINESS:
1. Approval of Meeting Minutes - October 8. 2014
Moved by Mr. Pearson, seconded by Mr. Kittleson to approve the Meeting Minutes of
October 8, 2014, with the year corrected. Vote on the motion carried unanimously.
2. Ouasi-Judicial and/or Public Hearing: Quasi -Judicial and/or Public Hearing:
Consideration and Recommendation to Board of Adjustment Re: Special
Exception No. 15-01 to authorize an automotive service station in the C-1
Zoning District, per City Code of Ordinances, Section 110-334 (c)(3), Special
Exceptions permissible by the Board of Adjustment — Atkins North America,
Inc. — Applicant - (6455 N. Atlantic Avenue).
Planning & Zoning Board
Meeting Minutes
January 28, 2015
Assistant City Attorney Kopp swore in all participants speaking at the meeting.
Mr. Dickey thanked audience members for attending the meeting.
He presented Staffs report/photos showing the site and surrounding areas. Mr. Dickey
indicated the audience would be seeing everything the Board Members have seen and spoke
of"full disclosure."
He stated the proposed development consists of a 4,673 square foot, retail convenience store
that includes seven fueling islands (fourteen fueling pumps) under a detached canopy. The
project includes twenty-six parking spaces including one handicap space. A 5 -foot wide,
concrete sidewalk is proposed along So. Cape Shores Drive. Mr. Dickey noted: the area that
jogs out slightly to the south is to save a large tree located on the site; a 6 -foot masonry wall is
proposed along the northern portion of the stormwater pond as part of the required buffer with
adjacent residential uses; the proposed building is located on a 1.41 acre parcel, which has
frontage on N. Atlantic Avenue and So. Cape Shores Drive; the criteria for Sections 110-39
(c) and 110-334(c)(3) of the City's Code was explained. The subject property is zoned C 1.
Mr. Dickey indicated Section 110-39(c)(1) requires all special exception requests demonstrate
that the proposed project's traffic -generating characteristics will not adversely impact land use
activities in the immediate area. The traffic level of service (LOS) is an indication of how any
given road is operating. Service levels range from A to F, with level A representing a
condition of least delay. The City's adopted LOS standard is E. Mr. Dickey explained if the
level of service drops below a level E for the road, the City can place a Moratorium on
development until the level of service is corrected. A traffic study has been performed. Mr.
Dickey explained that an additional 92 trips would be added to the existing number of 2,509
Peak Hour trips. With these additional trips added, the level of service will remain at a level
C.
Mr. Dickey read the seven provisions between the Cape Shores Association Board, the
property owner (B&B Enterprises), and the developer, Cumberland Farms.
Additional City approvals are needed to construct the proposed development. These include:
site plan approval, which will require a public hearing before the Planning & Zoning Board;
notification of owners, within 500 feet of property, by mail when the hearing is scheduled; a
Tree Removal Permit, which will require a public hearing before the City Council. Mr.
Dickey stated a date has not been set for this public hearing. Additionally, there will be an
administrative concurrency review which evaluates a project's effect on traffic, water & sewer
services, etc., and an administrative Site Development Permit, which deals with issues
pertaining to erosion control and sedimentation.
Mr. Dickey stated that Staff recommends approval of Special Exception No. 2015-01 to the
Board of Adjustment subject to the following conditions:
1. Prior to any development activity on-site, the applicant will cause an assessment to
be conducted, consistent with applicable rules, to determine the existence of any
Planning & Zoning Board
Meeting Minutes
January 28, 2015
historical/cultural resources on the proposed development site. Should the
assessment determine the existence of said resources, a mitigation/remediation
plan, consistent with applicable rules, shall be completed prior to the issuance of a
Building Permit.
2. Hours of operation shall be limited to opening no earlier than 5:00 am. and closing
no later than 12:00 a.m., seven days a week.
3. Any outside seating and/or dining areas shall be located on the southern side of the
main structure as shown on the attached site plan.
4. All outside lighting shall contain appropriate shielding and direct light away from
the north side of the property.
5. Any air and/or vacuum equipment located on the property shall be on the south
side of the main structure as shown on the attached site plan.
Additional comment #6 was added by Assistant City Attorney Kim Kopp and Mr.
Dickey
6. As a condition of approval of Special Exception 2015-01, a Lot Split Application
for the proposed 1.41 acre tract will be submitted and considered by the City as set
forth in Chapter 98 of the City Code. Failure to obtain approval by the City of
such lot split, pursuant to Chapter 98, shall render this special exception null and
void.
Discussion ensued and included: attachments included in the Agenda Packet and what they
represented; the overlay and placement of the building; how the applicant needs to meet the
requirements; how the project is in compliance with the standards of the Code; how issues
pertaining to compliance regarding vehicle parking, maintenance of the property, etc., will be
addressed by Code Enforcement if necessary; the Binding Development Plan has been added
to the packet for informational purposes only, the black bar on the Cape Shores exit shown on
the site plan is a stop bar where traffic must stop; when an individual wants to create a new
parcel by splitting the property, an application for a lot split must be submitted to Community
Development; the photos showing the part of the property in question; explanation of the
individual lots were explained by property owner Bob Baugher.
Mr. Russell referenced a letter that was being entered into record by Attorney Kimberly
Bonder Rezanka. Attorney Kopp mentioned that the letter had not been presented to the
applicant or to the property owner, prior to the meeting, due to the fact that the letter was
received late on the day of the Board meeting. Mr. Dickey read the letter dated January 28,
2015, and indicated that nothing contained in the letter has caused any concern not to proceed
with this application.
Discussion ensued and included: cross -access easement and how Mr. Dickey encouraged the
applicant to consider them to allow parcels to be connected and keep traffic off of AIA; this
issue is not a Code requirement, but something that is beyond the requirements set forth in the
Code; this issue will be addressed at site plan approval if the process continues to that point;
the site plan being discussed is for informational purposes only, meaning not binding on the
Planning & Zoning Board
Meeting Minutes
January 28, 2015
applicant or the City, but that some of conditions for the special exception use pertained to the
site plan and needed to be considered at this meeting; how the only buffer required was being
met by a 6 -foot masonry wall which is above the requirements of the Code; how the area to
the west of the property is zoned R2 medium density and to the south is zoned commercial.
Mr. Russell expressed concerns regarding the Agreement and wanted to make sure it was not
binding to the City in any way. Attorney Kopp stated the Agreement was between the parties.
Mr. Russell commended Staff on one of the best Agenda Packets he has seen.
At 7:05 p.m. Mr. Price called for a 5 minute break and called the meeting back in session at
7:10 p.m.
Attorney Nohrr, attorney for the applicant (Cumberland Farms), commended Staff on a
complete presentation. The applicant is obligated to meet all the rules and regulations during
this process and that the plan is to meet the requirements and in some cases, exceed them. He
asked that the audience look at this project according to the `rules and regulations," and what
is needed to meet the standards of the City and the State. Attorney Nohlr stated that there are
additional processes that have to be considered after this meeting and that the details will be
addressed during different stages of the process. Technical reports will be done when required
by Staff and the standards will be met. The letter from Attorney Rezanka was mentioned and
the need to be given more time to have seen the letter prior to the meeting. He will try to
address some of the issues mentioned in the letter considering the short time he had to prepare
his responses. He was in agreement with Staff that nothing in the letter will stop the process.
The lot split comment in the letter will not be an issue. He wished it could have been
addressed beforehand and taken off the table. Attorney Nohrr mentioned that the Fire
Marshall has concerns about a house on Mr. Baugher's property and access to the property
etc. It will be resolved by Mr. Baugher.
Jeff Lucas of Atkins North America and a licensed Professional Engineer presented additional
exhibits. The documents meet or exceed the City's requirements for this part of the planning
process. A survey of the property showing an abandoned building, an abandoned building slab
and an existing residence, all to be removed as part of this project. The site plan showed two
entrances. Cumberland Farms will be adding direct access to AIA. An ease] was brought
before the Board with exhibits regarding the buffer, which will be a 6 -foot masonry wall on
the North side behind the building. Additional trees have been added in addition to what is
required. Additional shrubs along Al are added to fill in the gaps along the landscape berm
in addition to what is required.
Discussion ensued and included: a 20 -foot buffer along the eastern border of the property; this
requirement has not only been met, but exceeded; the "gray area" on the exhibit is shrubs in
conjunction to the trees; some of the trees are specimen trees; blue arrows on the photo
represented the view from Cape Shores to the project site (mid vantage point); the distance of
the closest Cape Shores building to the canopy of the gasoline pump stations is 187 feet; the
distance from the Cape Shores building to the side of the Cumberland Farms convenience
Planning & Zoning Board
Meeting Minutes
January 28, 2015
store is 102 feet; the internal circulation of traffic for both ingress and egress was reviewed;
the conclusion is the site has adequate capacity for access and exit points off the AIA entrance
and included the fuel trucks; Cape Shores Drive would not be utilized by the fuel trucks for
delivery of fuel.
Scott Zomek of Atkins North America has a BS in Civil Engineering. He was asked to
develop the Trip Generation associated with the Cumberland Farms site, this evaluates the
number of vehicles the site would generate for both daily AM & PM Peak Hours, as well as
distribute those trips along the surrounding roadway network and the site itself; Trip
Generation is determined by using the Institute of Transportation Engineers Trip Generation
Manual, 9' Addition, the most current addition; FDOT counts that are available helped
determine traffic counts along AIA; information from the Space Coast TPL was also
considered. The standard methodology already approved by FDOT and the City for the Dollar
General (to the south of the site) was followed. Mr. Zornek detailed how the report is
prepared. There are no adverse effects for the residents of Cape Shores as far as traffic on
Cape Shores Drive Mr. Baugber explained that two different property owners maintained this
road and will continue to do so. Attorney Nohrr stated that no City funds go into the
maintenance of the road.
Mr. Kabboord was called to give his opinion as a licensed real estate broker for 20 years. He
is a Trustee for one of the units at Cape Shores. He is the original broker that represented
B&B and will make a commission on the selling of property to Cumberland Farms. He felt
that adding this project will not affect the value of the Cape Shores properties.
Mr. Baugher addressed concems he is working on with the Fire Marshall about distance
between the fire hydrants and adding another fire hydrant. Cape Shores is requesting
permission to add a 6-foot chain-link fence on the South boundary line. This would impede
access by the Fire Dept.
Attorney Nohrr closed his presentation with the fact that all the activity for this project has
been moved to the south of the project to meet the requests of the Cape Shores residents. This
project is a retail project in a retail zone. The building on this property is an allowed use under
the zone classification. The reason for a special exception is due to the fuel pumps. Attorney
Nohn discussed a letter from Web Engineering Associates that outlined environmental
protection measures that this project will be required to meet.
At 8:10 p.m. Mr. Price called for a 5 minute break. At 8:17 p.m. Mr. Price called the meeting
back in session, opened the Public Hearing, and reminded the audience/speakers of the time
limits.
SPEAKERS:
Ralph Brooks, attorney, representing Mr. Brogga, Max Forgey, Rebecca Rowe, Bob, Eva
Arante, Lorraine Stitt, Eric Braga, Steve Delasitmutt, Riz Rahman, Shannon Roberts, Lila
Planning & Zoning Board
Meeting Minutes
January 28, 2015
Gilbert, Charles Laun and Julie Braga spoke against this project. Bob Baugher spoke in favor
of this project.
Joyce Hamilton indicated that issues have been eloquently addressed.
Ray Osborne — Did not state whether he was for or against this project, but did ask about the
environmental impacts from this project.
Mr. Price thanked all the speakers for their thoughts and suggestions.
Mr. Price called Attorney Nohrr to the podium for closing comments. He reiterated all his key
points from his original presentation.
Mr. Kittleson thanked the applicant for a wonderful presentation.
Mr. Dickey gave last comments addressing the separation requirements to make sure the
Board was clear on this issue. Mr. Kittleson asked how the parcels to the west of Cumberland
Fauns property are accessed. These are currently being accessed from Cape Shore Dr.
Motion by Mr. Pearson to approve, seconded by Mr. Russell to recommend approval of
Special Exception No. 2015-01 to the Board of Adjustment with the conditions listed on page
3 of these Meeting Minutes. Vote on the motion as follows: Mr. Kittleson, Against; Mr.
Pearson, For; Mr. Russell, For; Mr. Price, For. Vote on the motion carried.
REPORTS AND OPEN DISCUSSION:
None.
ADJOURNMENT:
Motion by Mr. Lamar and seconded by Mr. Pearson to adjourn the meeting at 9:41 p.m.
Approved on this _ day of , 2015
John Price, Chairperson
Patsy Huffman, Secretary
City of Cape Canaveral
Planning and Zoning Board
IMF Meeting Date: 05/27/2015
Item No. "
zoning category - 280
Boulevard (O -Wave, Inc.)
Summary: This application is for approval of a special exception for a storage
warehouse at 280 W. Central Boulevard (see attached location map — Attachment #1).
The building will be used to store consumer goods for the owner's souvenir stores that
are located in the general area.
The one-half acre site is zoned C-2 and includes a 10,400 square foot building and 12
parking spaces (see attached site plan — Attachment #2). The parcel is accessed from
W. Central Boulevard and Commerce Street.
Sec. 110-39 (c) of the City Code establishes certain criteria that must be evaluated
when a recommendation to the Board of Adjustment is being considered. For a detailed
analysis of these criteria, see Attachment #3. The proposal meets the minimum
standards.
Surrounding zoning:
North — C2/M1
South — C2
East — C2
West — C2
Surrounding uses:
North — warehousing
South — parking
East — vacant
West — warehousing
Attachments:
#1 — Location Map
#2 — Site Plan
#3 -Staff Analysis and Worksheet— Sec. 110-39(c)
#4 — Snerial Excention No. 2015-02 Aoolication Packet
The CD Staff recommends that the
following action(s):
Recommend approval of Special Exception No. 2015-02 to the Board of Adjustment.
the CD
5/18/15
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4-28-15 SHEET 1 OF 1
Attachment #3
Special Exception Worksheet and Staff Analysis
SE 2015-02
All special exception recommendations and final decisions shall be based on the following
criteria to the extent applicable:
1. Land Use and Zoning
a. Is the requested SE consistent with the intent of the Comprehensive Plan? The
subject property in situated in an area of the City that has historically been
characterized by industrial/warehousing uses. The property was used as
a warehouse until 2012 when United Space Alliance vacated the building.
The proposed use is a continuation of the development pattern in the area.
b. Is the requested SE consistent with the intent of the zoning district in which it is
sought? The proposed use is compatible with the uses in the area. The
use is compatible with adjacent uses and will be conducted entirely inside
the building.
c. Will the SE meet all the requirements of the zoning district in which the request
is to be located, such as: lot requirements, building setbacks, lot coverage,
height, buffers, off-street parking, signs, storage, landscaping, etc.? Yes, the
minimum zoning district requirements can be met on the property. The
property is approximately 22,650 sq. ft. in area with a building of 10,400
sq. ft. The property includes 12 parking spaces (including 1 he space).
2. Impact to Surrounding Properties
Is the proposed special exception compatible and harmonious with properties
and uses in the surrounding area? Explain why. Yes, the surrounding
properties have developed in an industrial/warehouse nature which is
consistent with the proposed use.
b. Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses? Yes. The proposed office/warehouse
use is compatible with existing development in the area. In addition, the
use will be conducted entirely within an enclosed building.
c. Will the traffic volume and type adversely impact land use activities in the
immediate vicinity? No. The application indicates that there will only be 5
employees during working hours which represents a reduction in the total
number of vehicular trips associated with many permitted uses in the C-2
zoning district.
d. Will the proposed special exception create any adverse impacts to other
properties in the surrounding area? Address the creation of noise, light,
vibration, odor, stormwater runoff, or other offsite impacts that would not have
been created had the property been developed as a principal use? No. The
proposed use will be conducted entirely indoors between 9:00 am and 5:00
pm. As shown on the site plan, all service areas including loading areas
are appropriately located and oriented towards the adjacent roads.
Parking and traffic circulation are designed to have minimum impact to
other properties in the surrounding area. Stormwater runoff is addressed
by an inlet on W. Central Boulevard and a swale system and retention area
on the north side of the property.
e. Will there be adequate screening, buffers, landscaping, open space, off-street
parking, and other similar site improvements to mitigate any adverse impacts of
the special exception? Yes, site improvements as required by the City Code
will be erected/constructed as part of the City's approval process.
f. Will the size and shape of the site, the proposed access, internal circulation, and
design enhancements be adequate to accommodate the proposed scale and
intensity of the special exception requested? Yes, see the attached site plan.
g. Are signs and exterior lighting designed and located so as to promote traffic
safety and to minimize any undue glare or incompatibility with adjoining
properties? Yes. Proposed signage will be subject to review for
consistency with City sign ordinance requirements during the permitting
process.
3. What are the hours or operation and how will they impact surrounding properties?
The proposed use will be open Monday — Friday, between the hours of 9:00
am and 5:00 pm. The proposed hours are consistent with operating hours of
adjacent properties.
4. Traffic and Parking
a. Is there adequate off-street parking? Yes. The proposed 12 parking spaces
meets all requirements of Sec. 110-491 of the City's Code for parking.
b. Is there adequate ingress and egress, with particular reference to auto and
pedestrian safety and convenience, traffic Flow, and emergency access? Yes.
All traffic circulation has been reviewed and approved by the City's public
safety officials.
c. What type and how much traffic will the special exception generate? The
proposed special exception will generate both auto and truck traffic on a
daily basis. However, trips counts are negligible due to the number of
employees and the nature of the use.
d. Are there adequate loading and unloading areas? Yes.
5. Public Services
a. Are adequate utilities available? Location and capacity. Yes. Public utilities
are available to the site. A concurrency review will be required as part of
the project review.
b. Will the proposed special exception create any unusual demand for police, fire,
or emergency services? No. Due to the nature of the proposed use it is not
anticipated any unusual demand will be placed on public safety services.
c. Will the proposed special exception have an adverse impact on public services,
including water, sewer, surface water management, parks and recreation,
streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities? No. The proposed use will not have any adverse or
greater impacts than other uses typically associated with the C-2 zoning
district.
d. Are there adequate refuse facilities for the proposed special exception and is
the dumpster properly located and screened? Yes. Refuse facilities will be
screened from public view consistent with Sec. 110-488(d) of the City
Code.
6. Miscellaneous Impacts
a. Will the proposed special exception have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation, wildlife, open
space, noxious and desirable vegetation, and flood hazards? As this is a
redevelopment of an existing building, the proposed special exception is
not anticipated to have an adverse impact on the natural environment. The
property contains a swale system that directs stormwater to a retention
area and/or stormwater system associated with W. Central Boulevard.
b. Will the proposed special exception have an adverse impact on historic, scenic,
and cultural resources, including views and vistas, and loss or degradation of
cultural and historic resources? No. The proposed special exception is a
redevelopment project and will be conducted within the existing building.
c. Will the proposed special exception have an adverse impact on the local
economy, including governmental fiscal impact, employment and property
values? No. The proposed special exception will create several jobs as
well as utilize a currently vacant building.
d. Will the proposed special exception have an adverse impact on housing and
social conditions, including a variety of housing unit types and prices, and
neighborhood quality? No. The proposed special exception is located
within an existing building in an area that has developed with warehouses
and will not adversely impact existing housing stock.
Attachment #4
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet
Description of Request: (Insure that the specific Code sections of the zoning
ordinance that allow and support your request are noted). If necessary, attach separate
sheet.
A Special Exception to allow use of the building as a storage
warehouse as well as office space Pursuant to Sec 110-383(011.
Address of requested Special Exception: 2Ao w rentr r Alva sags ranaverai
Name of Project (if applicable):
Legal description: Lot(s) Block Subdivision
Section 1 s Township 24 Range 37
Future Land Use and Zoning designations: C2 commercial/c2
Owner and Applicant Information:
I am the property owner.
I am a tenant. (Attach notarized letter of authorization).
_. I am authorized agent other than a tenant: (Attach Written Power of Attorney)
Owner(s) Name: Wave Inc
Mailing Address: las w rorn. Rpach raugpway, rocoa A h, F7 42941
Phone number(s): 321-783-1848
Email(s): beachwavecb@gmail.com
Authorized Agent Information (if applicable):
Name of Authorized Agent: Kimberly B. Rezanka/Dean Mead
Mailing Address: 7380 Murrell Road Suite 200, Melbourne, FL 32940
Phone number(s): 321-259-8900
Special Exception Application -1/2015 Page 3
Emall(s): krezanka61deapmParl cnm
City of Cape Canaveral
SPECIAL EXCEPTION
Information Sheet — Cont'd
I hereby attest that all information, sketches and data contained and made part of this
request are honest and true to the bb st of my knowledge and belief__
Signature of Applicant:
State of Florid
County of 1.i!/ Vold
Sworn to and subscribed before me on this �'/ ^ day off I
20ra by I� � . Z044 K who is personally
known, or ❑ produced i.d. — y off"i.�^
Signature of Notary: l t / t5V 7
Notary Seal:
LINC4 ME1REss
COMMISSION*E18360
EXPIRES 4/112018
BONDED THRV 1.888.NOTAW 1
Special Exception Application - 1/2015 Page 4
Special Exception Worksheet
O. Wave, Inc.
Nature of SDecial Excention
Describe what you are proposing to do and why. Describe in writing and prepare site plans,
architectural renderings, photos, etc. as necessary to fully describe the Special Exception
requested.
The Special Exception use will be for warehouse storage of consumer goods for souvenir
stores owned by O. Wave, Inc. The warehouse will utilize approximately 8,500 sq. ft. of the
building, while the office use will be approximately 2,400 sq. ft. A survey and floor plan of
the existing building are attached to this application.
The office use will only employ three (3) people and the warehouse will employ only two (2)
people. The hours of operation are to be 9:00 a.m. to 5:00 p.m.
Impact to surrounding properties
1. Is the proposed special exception compatible and harmonious with properties and uses in
the surrounding area? Explain why.
Yes it is compatible and harmonious as it is an existing warehouse that was utilized as a
warehouse from 1984-2012. The Property was administratively rezoned by the City in 2000
from M1 to C2. The uses on the north side of W. Central all are similar uses.
The building is a commercial district and abuts industrial zoning (Ml) and uses.
2. Will the scale and intensity of the proposed special exception be compatible and
harmonious with adjacent land uses?
Yes, the scale and intensity is compatible and the other buildings in the area are of similar
size.
3. Will the traffic generated, volume and type, adversely impact land use activities in the
immediate vicinity?
This Special Exception use will not increase traffic and will generate less traffic than if it the
building was to be used solely for office or retail use.
4. Will the proposed special exception create any adverse impacts to other properties in the
surrounding area? Address the creation of noise, light, vibration, odor, traffic, stormwater
runoff, or other offsite impacts.
This Special Exception use will not create any adverse impacts to other properties
5. Will there be adequate screening, buffers, landscaping, open space, etc. to mitigate any
adverse impacts of the Special Exception?
There is already adequate screening and landscaping to buffer any potential adverse impacts
of the warehouse use.
6. Will the size and shape of the site, the proposed access, internal circulation and design
enhancements be adequate to accommodate the proposed scale and intensity of the Special
Exception requested?
The size, shape and design of the site are adequate to accommodate this Special Exception.
7. Are signs and exterior lighting designed and located so as to promote traffic safety and to
minimize any undue glare or incompatibility with adjoining properties?
There will be no additional signs, lighting or traffic concerns due to this Special Exception use,
nor are there any compatibility issues with adjoining properties.
8. What are the hours of operation and how will they impact surrounding properties?
The hours of operation of the warehouse and the office are 9:00 a.m. to 5:00 p.m, and they will
not impact the surrounding properties as the hours of those commercial and industrial uses are
comparable.
Traffic and Parkina
9. Is there adequate off-street parking?
Yes. While there are 10 required spaces (8 for the office space and 2 for the
warehouse/manufacturing employees), there are 12 packing spaces on site.
10. Is there adequate ingress and egress, with particular reference to auto and pedestrian
safety and convenience, traffic flow, and emergency access?
Yes, there is adequate ingress and egress for both autos, pedestrians and emergency needs.
11. What type and how much traffic will the Special Exception generate?
This Special Exception use will not generate more traffic than any permitted use in C2.
12. Are there adequate loading and unloading areas? Yes.
Public Services
13. Are there adequate utilities available including location and capacity.
Yes, as this Special Exception use does not increase the need for utilities
14. Will the proposed Special Exception create any unusual demand for police, fire, or
emergency services?
No additional or unusual demands for police, fire or emergency services will be created by this
Special Exception use.
15. Will the proposed Special Exception have an adverse impact on public services, including
water, sewer, surface water management, parks and recreation, streets, public transportation,
marina and waterways, and bicycle and pedestrian facilities?
This Special Exception use will not have any adverse impacts on public services.
16. Is there adequate refuse facility for the use and is the dumpster properly located and
screened?
Yes.
Miscellaneous Impacts
17. Will the proposed Special Exception have an adverse impact on the natural environment,
including air, water, and noise pollution, vegetation, wildlife, open space, noxious and desirable
vegetation, and flood hazards?
There will be no adverse impacts on the natural environment.
18. Will the proposed Special Exception have an adverse impact on historic, scenic, and
cultural resources, including views and vistas, and loss or degradation of cultural and historic
resources.
No.
19. Will the proposed Special Exception have an adverse impact on the local economy,
including governmental fiscal impact, employment and property values?
No.
20. Will the proposed Special Exception have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and neighborhood quality?
No. The warehouse use will not adversely impact housing and social conditions
2
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13CPAO - Property Details
Dana Blickley, CFA
Property Appraiser
Brevard County, FL yo
IrY,
"A
General Parcel Information
Page 1 of 2
Property
Details
Site Add, ess is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
Owner Information
Abbreviated Description
Owner Name: 532 W 20TH REALTY CORP
24-37-15-00-00806.0-
Second Name:
Site coda: 1
Agricultural Market Value: O 0 0
Parcel ID:
Mlllage Code: 26G0
0000.00
Exemption:
UseCoded
11
4100
Site Address:
280 W CENTRAL BLVD CAPE CANAVERAL 32920 1 Tax ID:
2430973
Site Add, ess is assigned by Brevard County Address Assignment for E-911 purposes and may not reflect the postal
community name.
Owner Information
Abbreviated Description
Owner Name: 532 W 20TH REALTY CORP
Sub PT OF GOVT LOT 3 AS DES
Name: IN ORB 2482 PG 1903
Second Name:
Site coda: 1
Agricultural Market Value: O 0 0
Mailing Address: 3330 NE 190TH ST #2616
City, state, Zipcode: AVENTURA FL 33180
Value Summary
Land Information
Roll Year: 2012 2013 2014
Acres: 0.5
Market Value Total:l $280,000 $288,000 $300,000
Site coda: 1
Agricultural Market Value: O 0 0
Sale
Screening
Source
Assessed Value Non -School: $280,000 $288,000 $300,000
Assessed Value school: $280,000 $288,000 $300,000
Homestead Exem tion:2 $0 $0 $0
Additional Homestead:2 $0 $0 $0
OtherExem tlon5 2 $0 $0 $0
Taxable Value Non-School:3 $280,000 $288 0001$300 000
Taxable Value School:3 $280,000 $288,0001$300,000
1: Market value is established for ad valorem purposes in accordance with s.191.011(i) and (B), florlda Statutes. INS value
does not represent anticipated selling price for the property.
2: Exemptions are applicable for the year shown and may or may not be applicable if an owner change has occurred.
3: The Additional Homestead exemption does not apply when calculating taxable value for school districts pursuant to
Amendment 1.
9a1n Tnfnrmatinn
Official Records
Book/Page
Sale Date
Sale Amount
Deed
Type
Sale
Screening
Code
Sale
Screening
Source
Physical
Change Vacant/Improved
Code
5434/6747
3/3/2005
$4,600,000
WD
PT
1 4100
I
182&0312
8/1/1998
1 550 000
PT
1 13
1 it
I
3024 12
101 1989
100
C
2482 1903
1/1/19841
$40 000
WD
Sale screening and sale screening source codes are for assessment purposes only and have no bearing on potential
marketability of the property.
Ruildinn Tnfnrmatinn
PDC
#
Use
Code
Year
Built
Story
Height
Frame
Cotle
Exterior
Code
Interior
Code
Roof
Type
Roof
Material
Floors
Code
Ceiling
Code
1
1 4100
1 1984
1 20
05
07
01 03
1 13
1 it
1 02 03
1 01 03
Bull din Area Information
Basements Attics
https://www.bcpao.uslasp/Show_pazcel.asp?acct=2430973&gen=T&tax=T&bld=T&oth=T... 4/27/2015
IICPAO - Property Details
Page 2 of 2
Base IGaragel Open I Car IScreenedl Utility) Enclosedl I IBonusl RV I RV I Total
Area Area Porches Port Porches Rooms Porch Rooms CarPortGara a Base
Extra Feature Information
Extra Feature Description
Units
LIGHT POLES
1
CLEAN ROOM
684
PAVING
5,148
COVERED PATIO
162
FENCE
180
Data Last Updated: Monday, April 27, 2015- Printed On: Monday, April 27, 2015.
https://www.bepao.us/asp/Show_p reel.asp?acct=2430973&gen=T&tax=T&bld=T&oth=T... 4/27/2015
CFN 2015060261, OR BK 7330 Page 2612, Recorded 03/27/2015 at 11:23 AM, Scott
Ellis, Clark of Courts, Brevard County Doe. D: $4655.00
YµE'ARED BY AND NMDW ffi
IOD IN I_ WILEAU, F.SQ.
Wnlu.n. Sega oeom
Burg. @ Fid" P.A.
549"NMM1LS Nippwry 1
Conn, Flokm 3M26
0111 p]L155p
anile"] mea
RJW: 916.511
DI
WARRANTY DEED
GRANTOR: 532 W. 20o Realty Corp., a Florida corporation, successor by conversion l0 532
W. 20" Realty Corp., n New York.rp.ramon
GRANTEE: O. Wave, Inc., a Florida corporation
GRANTEE'S MAUNG ADDRESS: 185 West Coca. Reach Causeway
Cocoa Beech, FL 32931
DATE: March 27,2015
LEGAL DESCRIPTION OF PROPERTY LOCATED IN FLORIDA:
sREC%R2m'f"A'
Me Gong for end in consid.wion of tln sum of TEN DOLLARS, and other good and valu»ble
.midentions wtha Goolorm h»ndpeid nyllwGnn es, tharewipinfwhlch is.anowledged, hasgn ow,
bargained andsold totheGnntw..ed the Gnomes heirs and assigns forwer4c, land described above. The
Gr.nlor does hereby folly courant On dile m said land, anJ will defend the deme ngailsst the lawful clnilre
ofnll pers.a whomsceve:.
This conveyance Ix subject oeastrictions and matten.,pearing. the plat or otherwise common 1.9.
subdivision; public u[ilitymaemenlsofre..A and laxer fo1'theymr2015 whiclmlcn.l yet doeand payable.
Execution ofdwd witnessed by: GRANTOR:
02 W. Ue Realty Corp., a Florida
oo,ca tio.....cassor by co.venion In 532 W.
20" Realty Car,, a New York cor,orgsf.o
Wimes a VavAn Pa sidem
NEI 112616
- l Avc"ona. FL 33180
Wi ea
A_CKNOWLEDGMCNT
STATWFTLORIDA
,GQJN; eYO-DADE
The f.regniog instrvmcnt was acknowledged belbre1ne dlis2 day of, 2015, by
V iuha Papsoo, President of531 W. 20'a Really Carp, a Florida corporation, successor by conversion y'532
W. 2 " Re Jry Cory., a N<w Yark ..porn. ion, who is personally known w me .r who hes produced
S� s identiFlcazion and who did nm lata.. sed.. qq
PENF OUINOXE$Jfl C�./!. /
Now"Re",
$Mt. at Flcdd. No%, Public:
MY Comm. Eaplmi May 6.2018 M, of Betide at Large ($EAL) y
Commlulon a FF 119918 My C.mmiump Espircs: S//•//a
...., aa»aalrN"mlluaiw wJaysvn.
OR RK 7330 PG 2613
EXHIBIT^w"
A portion of Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral,
Brevard County, Florida being more particularly described as follows:
Begin at a point on the Easterly right of way of Commerce Street, an undedicated 50.00 foot
right of way, said point being the Southwest comer of property as described in Official
Records Book 2407, Page 509, of the Public Records of Brevard County, Florida; thence N
ago 41'41" E along the South line of said property for a distance of 132.65 feet; thence S'
24" 48'19".W along a line parallel with and 120:11 feet perpendicular to said Easterly right
of way of Commerce Street for a distance of 217.09 feet to a point on the Northerly right of
way.of Central Boulevard, an undedicated 80.00 foot right of way; thence N 680 4911" W
along said Northerly right of way for a distance of 93.72 feet to a point of curvature of a
curve to the right having a radius of 25.00 feet; thence Northerly along the arc of said curve
thru a central angle of 93' 37'31" for a distance of 40.85 feet to a point of tangency on said
Easterly right of way or Commerce Street; thence N 24° 48'19" E along said Easterly right of
way for a distance of 142.17 feet to the Point of Beginning.
Brevard County Property Appraiser - Map2
t"e"a Y
Dana Blickle CFA
�+ w;
Brevard ( Olin ly Yropelly Appraiser
Page 1 of 1
Rorty Gmmomem erfl
ComPlea MR lNend 3errlcn Conoee VMBen Ga,ammem`Um. South .CPmqu Pam as, Service Ca x
a n SON, 5L 5m Omx 25]5N Cwm, P" 2R5 Jq Fran Jam— Wy 1515 Sema RE 450 Cqp, or, 3E
Ift-11e, FL 32]9] MSX IeIN, FL 32&53 Va.. R 32wo MMYq[,s, FL 33935 PYm ear, R uam;
]OJ m1 o Pnmo:(M,)... m
Plwvn. i3i)MapnV (wn,lPia 19211255AM0 P. '.(321) 952,570
Fea'.(321) NNE4W F-Oun4 18 Fm: 021) ,,Z,
F.(321)2 M Fu-13211A52dn
Document content intended for assessment purposes only. Not a survey. Map layers may not precisely align. Other c minima¢ apply.
Printed Tuesday, April 29, 2015 at 12:4 PM. wvrw.bcpao.us
1:2,000
http://map.bcpao.us/Map2/default.aspx?taxacct--2430973&s=f&cam 4/28/2015
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That O. Wave, Inc., has made, constituted and appointed, and by these presents
does make, constitute and appoint Kimberly B. Rezanka, as its true and lawful attorney for and
in its, place and stead to represent O. Wave, Inc. before any department or Board of the City of
Cape Canaveral regarding any special exception or variance related to that certain real property
located at 280 W. Central Boulevard, Cape Canaveral, Brevard County, Florida, more
particularly described as:
See attached Description.
IN WITNESS WHEREOF, the undersigned has executed and delivered this
Power of Attorney the _ day of April, 2015.
ya -a as -a
in the P.-
STATE OF FLORIDA
COUNTY OF BREVARD
/; Oshri Gal
The foregoing instrument was acknowledged before me thisTrday of April,
2015, by Oshri Gal, as & b; da ni' of O. Wave, Inc. Said person (check one) pfis personally
known to me, or c produced a driver's license (issued by a state of the United States within the
last five (5) yews) as identification. /�4�
KEVIN OE11400 Print Name: w ..
�Notary Pu01ic 61a1e of Florala Notary Public
"�'.? My Comm. Eapirea Jan 2, 2016 Commission No.: &f_ IS0r.
°.;gptty¢°` Commlaalan k EE 156531
My Commission Expires: SF�n I G
OR BK 7330 PG 2613
••.._ EXHIBIT "'A"
A portion of Section I5, Township 24 South, Range 37 East, the City of Cape Canaveral,
Brevard County, Florida being more particularly described as follows:
Begin at a point on me Easterly fight of way of Commerce Street, an undedicated 50.00 foot
eight of way, said point being the Southwest comer of property as described in Official
$tecords Book 2407, Page 509, of the Public Records of Brevard County, Florida; thence N
89° 41'41" E along the South line of said property for a distance of 132.65 feet; thence S
24° 4819"M along a line parallel with and 120.11 feet perpendicular to said Easterly right
of way of Commerce Street for a distance of 217.09 feet to a point on the Northerly right of
way. of Central Boulevard, an undedicated 80.00 foot right of way; thence N 68" 49'21" W
along said Northerly right of way for a distance of 93.72 feet to a point of curvature of a
curve to the right having a radius of 25.00 feet; thence Northerly along the arc of said curve
thru a central angle of 93° 37'31" for a distance of 40.8S feet to a point of tangency on said
Easterly right of way of Commerce Street; thence N 240 48'19" E along said Easterly right of
way for a distance of 142.17 feet to the Point of Beginning.
City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 05/27/2015
Item No. .3
—350
Antonio
Summary: The applicant is requesting a change of use as provided for in Sec. 110-
195(e) of the City Code for property located at 350 Monroe Street (see attached location
map). The property is zoned R-2.
As described in the application dated April 3, 2015 (Attachment #2), the project includes
the demolition of the existing structure(s) and the construction of five townhouses. Sec
110-195(e) allows a property owner to request a change in use from one nonconforming
use to another nonconforming use, subject to certain conditions.
Sec. 110-195(e)(5) establishes factors that must be considered when a change of use
is being sought. These include:
a) Uses less space;
b) Has fewer employees;
c) Requires less parking;
d) Creates less traffic;
e) Has fewer deliveries;
f) Creates less noise;
g) Creates a better benefit to the surrounding area than the previous use;
h) Is more acceptable with the existing and future use or make up of the area;\Is
more normally found in a similar neighborhood; or
i) Creates less of an impact than the present nonconforming use.
See Attachment #3 to this report for a detailed analysis of the proposed use and its
consistency with the afore -listed criteria.
The property is zoned R-2 and consists of approximately 12,700 square feet. According
to the Brevard County Property Appraiser, initial construction of the structure was in
1963. It currently contains ten (10) rental units.
The owner, who bought the property in 2011 desires to demolish the existing structure
and replace it with five (5) townhouse units (see Attachment #4). However, as the
structure is non -conforming, the new construction will have to be consistent with the R-
2 zoning standards; which would allow 4 units. Hence, the subject request.
The CD Staff recommends
action(s):
Recommend approval of the requested Change of Use for 350 Monroe Avenue to the
Planning and Zoning Board Meeting Date: 05/27/2015
350 Monroe Avenue — Change of Use
Page 2 of 2
Approved by CD Director: David Dickey Date: 5/18/15
P&Z Board Action: [ ] Recommended Approval as Recommended
[ ] Recommended Approval with Modifications
[ ] Recommended Disapproval
[ ] Tabled to Time Certain
ti
9
Attachment #2
CITY OF CAPE CANAVERAL
CHANGE OF USE
APPLICATION PACKET
Instruction Sheet..................................2
Information Sheet...............................3 & 4
Worksheet ........................................ 5
Radius Package Instructions.................6
Application Fee Sheet.........................7
Change of Use Application -1/2015 Page 1
City of Cape Canaveral
CHANGE OF USE
Instruction Sheet
A pre -application meeting with the Community Development Director Is required
prior to completion and submittal of a Change of Use application.
The Change of Use application shall be prepared in compliance whh the requirements
of Chapter 110, Section 110-195 of the Code. To access the Cade, visit
htto://www.citvofcaoecanaveral.ora, highlight City Departments, highlight City Clerk,
dick on City Code of Ordinances; dick on htto://www.municode.com then dick on Cape
Canaveral Code of Ordinances.
You and/or your representative are required to attend the meetings at which your
request will be considered. You will be notified of the dates and times of meetings.
Meetings are held at the Cape Canaveral Public Library, 201 Polk Avenue, Cape
Canaveral, FL 32920, unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at the time of submittal, the application will not be
accepted.
Change of Use Application Submittal Checklist
1.__l,/Completed Information Sheet.
2. NA Authorization to represent property owner, if applicant is not the owner.
If tenant: Notarized letter of authorization.
If other: Written Power of Attorney.
3._Payment of application fee ($250.00) and escrow deposit (escrow fees are to
cover costs of application review, notification of surrounding property owners,
etc. and the amount is determined when the application is submitted).
4. Radius Package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
labels (instructions on page 8).
5. ✓ Legal description along with certified survey or map from Brevard County
Property Appraiser depicting property boundaries.
B.—Copy of recorded deed or Opinion Title for subject property.
7.— Sealed, as -built survey or scaled site plan (scaled drawing of subject property
depicting boundaries, all structures, and parking).
Change of Use Application - 1/2015 Page 2
City of Cape Canaveral
CHANGE OF USE
Information Sheet
Description of Request: (Insure that the specific Code sections of the zoning
ordinance that allow and support your request are noted). If necessary, attach separate
sheet.
Address of requested Change of Use: 3W HouttoF AL€ [Ape c nw Acc, qzo
Name of Project (if applicable):
Legal description: Lot(s) N a 15 Block �_ Subdivision C-!-
Section 7-'5 Township Zy Range 5_
Future Land Use and Zoning designations: 'R -7
-
Owner and Applicant Information:
XI am the property owner.
I am a tenant. (Attach notarized letter of authorization).
I am authorized agent other than a tejiLant: (Attach Written Power of Attorney)
Owner(s) Name:
790
Mailing Address: 17Sro C/LFJy3 y'LaAy S 2X37
Phone number(s)//: 32.I Z-+--�'8 33 4-r
O
Email(s): 6A "To n / o Jzop lc 7 -Lo
Authorized Agent Information (if applicable):
Name of Authorized Agent:
Mailing Address:
Phone number(s):____
Change of Use Application - 1/2015 Page 3
I hereby attest that all infor
request are honest and true
Signature of Applicant:
State of Florida
County of
City of Cape Canaveral
CHANGE OF USE
Information Sheet — Cont'd
Iches and data contained and made part of this
of my kng_Wedge and belief.
Sworn to and subscribed before me on this
20_ by
known, or ❑ produced i.d. — Type of
Signature of Notary:
Notary Seal:
day of
❑ who is personally
Change of Use Application -1/2015 Page 4
City of Cape Canaveral
CHANGE OF USE
Worksheet
An applicant for a Change of Use is required to meet with the Community Development
Director prior to completing and submitting the application. The following worksheet will
be used to evaluate the request.
It is the applicant's responsibility to make a case for the requested Change of Use and
this worksheet is the criteria by which the Planning & Zoning Board will make its
recommendation and Board of Adjustment will make its determination.
Nature of Change of Use
Describe what you are proposing to do and why. Describe in writing and prepare site
plans, floor plans, architectural renderings, photos, etc. as necessary to fully describe
the Change of Use requested.
All Change of Use recommendations and final orders shall be based on the following
relevant factors, including, but not limited to, whether the requested use:
a. Uses less space;
b. Has fewer employees;
c. Requires less parking;
d. Creates less traffic;
e. Has fewer deliveries;
f. Creates less noise;
g. Creates a better benefit to the surrounding area than the previous use;
h. Is more acceptable with the existing and future use or make up of the area;
I. Is more normally found in a similar neighborhood; or
j. Creates less of an impact that the present nonconforming use.
Change of Use Application - 1/201S Page 5
April 3rd, 2015
City of Cape Canaveral
110 Polk Ave.
Cape Canaveral, Fl. 32920
RE: Change of Use 350 Monroe Ave. Cape Canaveral FL 32920
To Whom It May Concern:
This application is a request for the change of use of a nonconforming structure to a less -
intensive and more compatible nonconforming structure. The existing structure is a commercial 10 unit
hotel; the request is for a 5 unit townhome. As per Section 110-195 (e) the applicant requests that the
board grants the change of use from the existing nonconforming use to another nonconforming use
which is equally restrictive, less -intensive and more compatible with the surrounding area.
The existing property is located in a residential neighborhood with the future land use of R-2; the
change of use would comply with the new future land use, but be in a nonconforming use with the
allowable number of units. The future land use would allow a total of 4.35 units (.29 acres at 15 units
per acre); this request is that the number of units be extended to 5 units. The new use will have fewer
employees, require less parking, create less traffic, have fewer deliveries, create less noise, create better
benefit to the surrounding area than the previous use, be more acceptable with the existing and future
use or make up of the area. it is more normally found in a similar neighborhood and creates less of an
impact than the present nonconforming use.
It is our believe that the new nonconforming use will benefit both the city of Cape Canaveral and
the immediate neighborhood. The new structure will be more cohesive with the existing use and be
more architecturally complementary and similar to other structures in the immediate vicinity.
Respectfully,
O
. jplS
Ro bi Date
Principal rehn
5127 S. Orange Ave. Suite 110
Orlando, Florhia 328119
Phone: 407-490-0350 w Fax: 407-232-6000 • bob@rabits�hitea.com • w .mbhs-mchitectxom
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Priv Saturday, ApOL4, 3015 at 9:58M1. m .kpao. us
1 250
SKETCH/AREA TABLE ADDENDUM
..e.. rwoos.».et. w710s eeeVs
PARCEL ID ]I]Oe19
on
STATE
ZIP
PERMIT# IWI
_
MARKET AREA
APPRAISER NAME .IXS
R
lx'
ll'
el
x9e9 sr
u•
9
aT
L_
Scale: 1"e 12'
AREA CALCULATIONS SUMMARY
Comment Tablet
coo. Description
Ftct., Wteh# PMrtMer
NM Tipple
--- _ --
---- -
'81 RI
1,00 2980
290
2980
I�
�'. Comment Table 2
Comment Table 3
..e.. rwoos.».et. w710s eeeVs
41412015 Brevard Couky Property Appraiser - Map2- Prop" Details Report
''meq Dana Blickley, CFA r
at
Brevard County Property Appraiser
<'r
Enter your title or notes here
Identification Data
OWNERS: Romano Antonio
SITE ADDRESS: 350 Monroe Ave Cape Canaveral 32920
MAIL ADDRESS: 7900 S Orange Blossom TO Orlando FL 32809
PARCELID: 24 -37 -23 -CG -21-14 TAX ID: 2433639
PROPERTY USE: 0351 - C -Garden Apartments - 1 Story - SO To 49 Units
EXEMPTION: MILLAGE CODE: 26GO - Cape Canaveral
Value Data
VALUE CATEGORY 2014 2013 2012
MARKET VALUE: $107,000 $107,000 $100,000
AGRICULTURAL VALUE: $O $O $0
ASSESSED NON -SCHOOL: $107,000 $107,000 $100,000
ASSESSED SCHOOL: $107,000 $107,000 $100,000
HOMESTEAD EXEMPTION: $0 $0 $0
ADDITIONAL HOMESTEAD: $0 $0 $0
OTHER EXEMPTION: $0 $0 $0
TAXABLE NON -SCHOOL: $107,000 $107,000 $100,000
TAXABLE SCHOOL: $107,000 $107,000 $100,000
Sale Data
SALE TYPE: Improved SALEDATE: 11/29/2011 SALEPRICE: $76,000 ORBP: 6497/0116
DEED: WD - Warranty Deed/Special Warranty Deed
SALE SCREENING: 38 - Sale Under Extreme Circumstances Forced/Duress
SCREENING SOURCE:
PHYSICAL CHANGE:
SALE TYPE: Improved SALE DATE: 04/21/2006 SALE PRICE: $100 ORBP: 5634/7987
DEED: QC - Quit Claim
SALE SCREENING:
SCREENING SOURCE:
PHYSICAL CHANGE:
SALE TYPE: Vacant SALE DATE: 11/23/1988 SALE PRICE: $100 ORBP: 2966/2268
DEED: QC - Quit Claim
SALE SCREENING: PT - Deed And Parcel Legal Descriptions Vary
SCREENING SOURCE:
PHYSICAL CHANGE:
SALE TYPE: Vacant SALE DATE: 03/04/1977 SALE PRICE: $45,500 oRBP: 1716/0716
DEED: WD - Warranty Deed/Special Warranty Deed
SALE SCREENING: PT - Deed And Parcel Legal Descriptions Vary
SCREENING SOURCE:
PHYSICAL CHANGE:
Building Data
PROPERTY DATA CARD # 1
BUILDINGTYPE: Commercial YEARBUILT: 1963
BUILDING USE: 0351 - Garden Apartments - 1 Story - 10 To 49 Units
BUILDING SUB -AREAS BUILDING EXTRA FEATURES
DESCRIPTION SQUARE -FEET DESCRIPTION
Base Area Floor 1 2,980 Paving: Concrete
Paving: Asphalt
TOTAL ACRES: 0.29
r WiAnap,by .rsMlap2iRrir*DeWissspx?tmNco1 M3630
Land Data
SITE CODE: 0001 -No Other Code Appl.
ABBREVIATED DESCRIPTION
UNITS
200
4,200
4M15 BWv dCauty Prgnlly Appraiser-Map2- Prop" De 19 Report
PUT BOOK/PAGE: 0007/0003
SUBDPASION: Avon By The Sea
DESCRIPTION: Lots 1415 Blk 21
hnplhnapbcpw i &Wap2P irtDeWis mm7twAccl=2433M 2P
CFN 2011216055, OR BR 6497 Paye 116, Recorded 12/02/2011 at 11:28 AM, Mitch
Needelman, Clerk of Courts, Brevard County Doc. D: 8532.00
SM "wMRaxPr DM
FROMfARPOR/TON
7res�nwePieawdb1MDRE7URNT0:
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amioa: ve NeMauoeNaaw., cam.encn.fbm eReel
ampNyarwreaaa PeaNlaentleutlan
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e�wcrovv<nia cnc rvnmu<ssnOCaiP ICE//II}2sa{(pP+11+���s��l1pE un'
GORPECIX10 '.
This Special Warranty Deed, MadeandeeecatedtheaM day afNavenGber, loll, by 121
CORPORATION, a Dissolved Florida Corporation, having m principal place ofbuvirtess at AO. Bax 1775, Cape
Canaveral, FL 32910, herein fv called the Grantor, to ANTONIO ROMANO, whose post office address it 79005
Orange Bloemm Tma, Orlando, FL 32809, he ein fen calledthe Grmvea
MRN,evn wM oxen 1e Nmu'MntY+N'Orupy htlWe.n Ne PayGt air am,eivirenaMMe4 4p1,ep,sndNva. ¢NwgruaLnaMtlueh eMan
nes gin mpns a mmmnone. xtweyr as army w aam'im or rtainsl
Witnesseth, That the Grantor, for andin ronbderation ofthe sum of$1000 (Ten and 00/100 Dollars) andodwr
valuable considerations, receipt whereof v hereby acknowledged, by these presents does gram, bargaln, sell, alien, runbA
release, convey and conferee vmo the Grantee all that certain land, situate in Erevard County, State ofFlarida, viz:
Lots 14 and 16, Block 21, AVON -BY -THE -SEA, according to the plat thereof, recorded M Plat Book 3, Page(s)
7, of the Public Records of Brevard County, Florida.
Together, with all the tenement; hered0amems and appurtenances thereto belonging or in anywise alipgroiintng
To Have and t0 Hold, the same in fee simple forever.
And the Grantor hereby covenaNs with said Grantee that the Grantor cr laufally maedofsaidland an fee sample; that fie
Grantor has goodnight andlawfd authority to salt and convey said land and hereby folly wa,,a,, the tale to saidlandand
wall defend the some against the lawful clahns ofalt peneam claiming by through or undersold Grantor.
TAMFOR ME YEAR 2012 ANDSUBSEQUENT YEARS; RESTRICTTONSRECORDED IN THE FUBLICRECORDSAS
OFTHEDATEHEREOF; RESERVA7lONSAND EASEMENTS OFRECORD; AND COUNTY ZONING RWUU77ONS
In Witness Whereof, the eald Grantor hos causedthceepreients to be ezecwtedla as name, and iu corporate seal ro
be hereunto affaed by in proper officer thereunto duty authorized the day Mdyem first above wriaen.
THIS CONVEYANCE IS APPROPRIATE TO WIND UP AND LIQUIDATE THE
BUSINESS AND AFFAIRS OF THE GRANTOR.
Signed etakdanddelivered nt the presence o% 121 CORPORATION, a Dimolved Florida
•nn Co titled
.l•,... / e
�1,_i,t71l4tee�A�t�JA ,/l1r{V sig
Chr4to he Robin Kirby ale dirmearand prelEMt
STATEOF eTeXA5 COUNTY OF
Dissolved
NOTPRY SF L e
� Bl1CWWAN
My�lealsn EmMaa
VIS
type of iaerrtihcaEOn: TYPE OF
OR HK 6497 PG 117
WRITTEN CONSENT OF DIRECTORS OF
121 CORPORATION
The undersigned, constituting the entire number of the board of directors of 121
Corporation (the "Corporation' ), a corporation organized under the laws of the State of
Florida, hereby consent, pursuant to Section 617.0821, Florida Statutes, to the adoption
of the following resolutions and instruct the secretary of the Corporation to enter this
written consent on the minutes of the proceedings of the board of directors.
RESOLVED, Christopher Robin Kirby, as the sole director of the Corporation,
appoints himself as president of the Corporation effective immediately upon the signing
of this Written Consent.
FURTHER RESOLVED, the president of the Corporation is hereby authorized
on behalf of the Corporation to take such other actions as he deems necessary to
implement the foregoing resolutions, as conclusively evidenced by the taking of such
actions by him, including, but not limited to, the execution and delivery of any and all
documents, agreements, amendments, modifications, deeds, representations, warranties,
guaranties, indemnities, certificates, affidavits, closing statements and any other
instruments of any kind or nature whatsoever.
FURTHER RESOLVED, the terms and conditions of all documents to be
executed in conjunction with this written consent shall be determined by the president in
his judgment and discretion, and the execution and delivery of any such document or
instrument by him shall constitute conclusive evidence that the terms and conditions
contained in said documents or instruments have been approved by him on behalf of the
Corporation.
FURTHER RESOLVED, any and all actions heretofore taken by him consistent
with the foregoing resolutions are
hereby approved, ratified and confirmed in all respects.
Dated this fl* day of 2011.
�-
Christi5pher Robi _ ' by, Personal
Representative o e Estate of
Thurston Wesley Kirby (a/k/a
Wes Kirby)
VA0r5N.M 6000 VL
Attachment#3
Change of Use Worksheet and Staff Analysis
350 Monroe Avenue
The Board of Adjustment may grant a change of use (used in conjunction with a
nonconforming structure and premises) from one nonconforming use to another
nonconforming use which is equally or more restrictive, equally or less intensive, and
equally or more compatible with the surrounding area.
All change of use recommendations and final orders shall be based on the following
relevant factors, including, but not limited to, whether the requested use:
a. Uses less space — the parcel that the current structure is on will be utilized
for the proposed townhouse construction. Square footage of the building
will increase from 2,980 to 4,868. The number of units will decrease from 10
to 5.
b. Has fewer employees — n.a.
c. Requires less parking — parking requirements will be reduced by five (5)
spaces from a required 20 spaces (ten units of apartments) to 15 spaces
(five townhouse units).
d. Creates less traffic — as the number of units is being reduced by 50 percent,
the corresponding traffic will also be reduced by approximately 50 percent.
According the ITE Manual, 81h Edition, apartments generate 6.65 daily trips
per dwelling unit while townhouse units generate 5.81 trips on a daily basis.
e. Has fewer deliveries - as the number of units is being reduced by 50 percent,
the corresponding deliveries would be anticipated to be 50 percent less.
f. Creates less noise -the corresponding noise associated within 50 percent
less units would be anticipated to be less. Also, as these units will be
owned by individuals, the noise associated with rental units will be
eliminated.
g. Creates a better benefit to the surrounding area than the previous use — the
current structure is in a serious state of disrepair and needs to be
demolished. This is having an adverse impact on the immediate area. The
construction of five new townhouses represents an investment of
approximately one-half million dollars into the neighborhood. The units will
be purchased as opposed to rented.
h. Is more acceptable with the existing and future use or make up of the area - the
state of the current structure is not acceptable and detracts/adversely
impacts the area. New construction will be a positive impact to the
neighborhood.
i. Is more normally found in a similar neighborhood -the neighborhood consists
of a mixture of single-family and rental units. The state of the current
structure is not typical of the neighborhood.
j. Creates less of an impact than the present nonconforming use - as indicated
elsewhere is this analysis, the impacts to the neighborhood as well as the
City and other service providers will be reduced due to the reduction of
units and the type of ownership.
Attachment #4
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City of Cape Canaveral
Planning and Zoning Board
Meeting Date: 05/27/2015
Item No. _
Preliminary Plat Approval —
Inc.
Summary: The applicant is requesting Preliminary Plat approval for the reconfiguration
of parcels associated with the redevelopment of the Cape Canaveral RaceTrac gas
station located at 8899 Astronaut Boulevard (Attachment #1). The property is zoned C-
1.
As described in the application dated December 23, 2014 (Attachment #2), the overall
project includes the demolition of the existing improvements and the construction of a
new 5,928 square foot convenience store including six additional fueling positions. The
proposed plat is needed as the vacant parcel to the north will be added to the existing
parcel to accommodate a larger retention area. A separate special exception
application will be processed as required by the City code for the expansion of the
existing use -
Chapter 98, Article It of the City Code spells out the process by which the City will
review and approve a preliminary plat. In general, the process consists of three steps: 1
— staff conducts a preapplication meeting with the applicant to determine if the
application is adequate; 2 — the Planning & Zoning Board holds a public meeting and
makes a recommendation on the proposed preliminary plat; and, 3 — the City Council
holds a public hearing and takes final action on the request.
Consistent with Chapter 98-36 of the City Code, a preapplication conference was held
with the City's Development Review Committee and RaceTrac representatives on
January 7, 2015, to discuss the project and the requirements of the City's platting
process.
Sec. 98-41 of the City code outlines the required information that must be submitted as
part of the application for preliminary plat approval. Including:
a) a completed application
b) a preliminary plat consistent with F.S. Chapter 177
c) topographic survey (spot elevations if less than 2% slope)
d) photos of the tract
e) a filing fee
f) current title opinion
As required in Sec. 98-47, prior to the P& Z Board recommending approval, it must find
that the preliminary plat meets the criteria listed in subsections (a) through (d) below.
Planning and Zoning Board Meeting Date: 05/27/2015
RaceTrac Preliminary Plat
Page 2 of 2
(a) The application in compliance with the provisions of this article and
applicable law.
(b) The application is consistent with the city's comprehensive plan.
(c) The application does not create any lots, tracts of land or developments
that do not conform to the City Code.
(d) The application provides for proper ingress and egress through a public
or approved private street or perpetual cross access easements.
Attached is a memo dated March 9, 2015 (Attachment #3) from John Pekar, P.E., the
City Engineer, recommending approval of the proposed plat (Attachment #4). During
the final plat process, the requirement for a cross access easement along the property's
eastern boundary will be discussed. The need for a parallel north -south route with
Astronaut Boulevard is important to the long-term viability of this area of the City.
Should the preliminary plat be approved, a separate final plat application will be
required that will be reviewed by the P&Z Board and acted on by the City Council.
Attachments:
#1 — Location Map
#2 — Application - December 23, 2014
#3 — Memo from John Pekar, P.E. City Engineer - March 9, 2015
#4 — Preliminary Plat
The CD Staff recommends that the Planning and Zoning Board take the following
action(s):
Recommend approval of the RaceTrac Preliminary Plat application to the City Council.
Approved by CD Director: David Dicke Date: 5/18/15
PU Board Action: [ ] Recommended Approval as Recommended
[ ] Recommended Approval with Modifications
[ ] Recommended Disapproval
Tabled to Time Certain
Attachment #1
Attachment #2
CITY OF CAPE CANAVERAL
PRELINIINARY AND FINAL PLAT
APPLICATION PACKET
Instruction Sheet...................................2&3
Information Sheet.........................................4
Fee Sheet/Payment Receipt
Flowchart
CDD - Prelim. & Final Plat App. 04/2010 Page 1
City of Cape Canaveral
PRELIMINARY AND FINAL PLAT
Instruction Sheet
A pro -application meeting with the City Planner is required prior to completion
and submittal of Plat applications.
See attached flowchart for preliminary and final plat review process.
The preliminary and final plats shall be prepared In compliance with the requirements of
Chapter 98 of our code. To access our code, visit citvofcaoecanaveral.oro. On the
home page, highlight City Departments, highlight City Clerk, then dick on Code of
Ordinances; click on Municipal Code Corporation and this will take you to
munlcode.00m, then dick on Cape Canaveral Code of Ordinances.
If applicable, See Brevard County Geographic Research Division for street name and
address approval. This must be done prior to submittal of preliminary plat application.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal the application will not be
accepted for review.
Preliminary Plat application submittal checklist
1. ✓Completed Information Sheet.
2. Power of Attorney, if applicant is not the owner. L �ON'(Z WF ID 700 6 HASP
3. ✓PPayment of application fee and escrow deposit.
4. ✓ Copies of preliminary plat completed according to Sec. 98-41(b)(c). Initially
submit only 5 copies of the preliminary plat for staff review. After staff review and
comments have been addressed, additional copies of the revised preliminary plat
will be required before proceeding to Planning and Zoning Board.
5. ✓ current Opinion ofTitle (TITLE W02K DO(,UM6N3TS*�
CDD - Prelim. & Final Plat App. 04/2010 Page 2
Final plat appllcation submittal checklist
t.Completed Information Sheet.
2. Power of Attorney, if applicant is not the owner.
3._Payment of filing fee and escrow deposit.
4. _ Copies of final plat. Initially submit only 5 copies of the final plat for staff review.
After staff review and comments have been addressed, additional copies of the
revised final plat will be required before proceeding to Planning and Zoning
Board.
5._ Mylar or printable copy (upon staff approval)
6. Dedication Statements
7. Letter of credit, performance bond, or certified check.
8. Draft of protective covenants and if a homeowners association, copies of the
articles of incorporation, declarations and restrictions, and bylaws.
9._ Current Opinion of Title
1D._Mortgagee statements
CDD - Prelim. & Final Plat App. 04/2010 Page 3
City of Cape Canaveral
PRELIMINARY AND FINAL PLAT
Information Sheet
Date of Submittal: OZ/21 /ZUIS
Project name: Cape Canaveral RaceTrac
Project address (if not available, provide general location)
8899 Astronaut Blvd Cape Canaveral FL 32920
Legal description: attach legal _. Please refer to the attached Legal Description.
FLU and Zoning designations: Low Density Commercial District - C-1
Owner(s) name: RareTrac Petroleum Inc.
Owner(s) address _3225 Cumberland Blvd., Suite 100
Atlanta, Georgia 30339
Phone number(s): 770-431-7600
Email(s): vsutaoahaOracetrac.com
If applicant is not owner, a completed Power of Attorney form is required.
Applicant name: st'o- T�0r7'-..
Applicant address: 32z./ C,,,,6e.k_i B/.d. S,,f Ioo,A4LJ,GA3oal?
App. phone number(s): 7*70 - y31 - 7&oo
App. small(s):
Signature (owner or applicant):
CDD - Prelim. & Final Plat App. 04/2010 Page
City of Cape Canaveral
Preliminary and Final Plat
Application Fee Sheet 8 Payment Receipt
Date: a ll l I a 1 '
Project Name: Cape Canaveral RaceTrac
Application Submittal Fee:
RESIDENTIAL Total # of Units:
1. 2 or 3 units = $J7.50 ..................................................
4 units =$50.00........................................................... $
More than 4 units: add $7.50 per unit,( not to exceed $500)
# of units over 4 X $7.50 ........................ _ $
Total Residential: _
COMMERCIAL
$150 per acre or portion thereof.
3.0 acres X $150 per acre: .................................... _ $--150 00
Total Application Fee: _ $ 450.00
T:schapmaNapplica6ons:platfeesheet8paymentreceipt/062610
REAL ESTATE PURCHASE CONTRACT
THIS REAL ESTATE PURCHASE CONTRACT (this'Commi is made Mka-l_ day of ]014 the
'CaNacl Dale' by ars! between DEL LAGO VENTURES, INC., a Georgia corporation ('Purchaser) and RGER KING
CMRPORATION. a Floride carpeahon ('Seller). In consideration for the mutual axenanN herein combined, for Ten
Dollars ($10.00) and for other good and wlusblo consideration, the receipt antl sufficiency of which Is hereby
acknowledged. Purchaser and Soler hereby agree as follows:
1. CONTRACT PROPERTY. Purchaser agrees In buy arc Seller agrees to sail, for the consideration and
upmwMs terms sal forth herein, the real properly boated In the Stale of Ponds County of Brevad, and further desalted
in Eshlei A attadetl hereto, together with all Impmmmmus and intense now located Mareon and aN appurtenances,
rights. pdNleges, and easements Marauding or pertaining thereto (collectively, Me'Contract Property'). Seller also agrees
to conwy fo Purchaser all of Sellers right, bile and Interest in and b any existing or proposed sheets, roadways, alleys,
sidewalks ii d rights-of-way adjacent an Me Contract Property. The Contract Property is adjacent to, and In the
southeast of, BURGER KING® Restaurant number 18553, boated 4 8839 Astronaut Blvd., Cape Ceeveral, Florida.
2 PURCSE PRICE. The purchase all
price for Me Contract Property shall bei
s HA
(cretin IMe 'Purchase Price'), payable by cash or coedited funds at Closing
3. EARNEST MONEY. Purchaser shall deliver to the Title Company (defined below) Three Thousand Four
Hundred and no/tOMhs Dollars ($3,400.00) as Eamesl Money (the'Eamest Money) within ten (10) business days after
to Contraet Date. A the Once tie sale he consummated, Me Earnest Money shall eXher be: (I) applied as out payment of
Me Purohosa Price, or (it) refurhded In Purcluser, in which case Purchaser shall pay Me entue Purchase Price (less any
ad)ustments as provided heron) of Closing. Purchaser shall Iew the exclushm right to choose ophon (1) or (10, In
Purchasers sole discretion. My interest earrhad on Me inwshnent of the Earnest Money by the Title Company shall ho
paid to Purchaser. h Me sal ls net consummated due In Purchasers default, Seller shall receive Me Earnest Money as
full liquidated damages and Purchaser shall be relieved Man all further Ilabdlly, and obligations hereunder. If the sale is not
consummated ler awry other reason, than Me Earnest Money shall be immediately retuned to Purchaser upon sullen
request Was we dollar ($1.00), which shall be paid b Seller as present, good and valuable consideration for the rights
granted Purchaser pursuant to Paragnsph 5.
4. CLOSING. The closing of the sets M Me Contract Property shall be hod at a time snot place mutually
accepMble to Purchaser and Seller widdin tan (10) business days following the expiration M the Feasibility Period es so
foot in Paragraph 5 hoow, (to'Closin At Closing, Seller shall conwy dile by Special Warranty Dead in forth
reasonably acceptable to Purchaser, and the Contract Property shall be subjecl to all taxes not yet clue and payable, the
-Permitted Exceptions" (as hereinafter defined). ant all oral, stale, and federal laws, ordinances, and giommmen al
regulations, Including, but not limited to, building and zoning one. ordinances, and regulations, now or remakes In e6eot.
5. FEASIBILITY PERIOD, Purchaser shall hew a period of one hundred twenty (120) days after Me
Contract Data (the 'Feasibility Peaiptl°) to complete an investigation of the Contract Property (and any related easement)
M determine Me auhebdily, thereat. Purchaser Is hereby authorized to enter upon such property after the acceptance ot
this Contract for the purpose M making such surveys, examiealions and test, including (bun net limited fo) monnonme tal
testa, In iestlpafion of wetlands, title, zoning and all other matters incMaMel b the condition, ownership a use of auch
property, each as Purchaser may determine to be necessary or douses (collaclNoy, Me'Testol Notwhhsusrdbg Me
forego", except for certaln geotechnical work to be performed pursuant In Me Scope of Wak aluxo ed hereto as Exhibit
°C', Purchaser shah not drill any hoes In the soh or any Improvement located on Me Contract Property whhout Sellers
pater witown consent Seller shall cooperate with Purchaser an as to show Purchase b fully and properly conduct the
Tests. Purchaser shall haw the absolute right in terminale this Contract for ar0° reason whaboewe, Including bo not
IlmNed to condition of title. M any fime prior to the end of the Fewibildy Period by defaming wlhea notice to Seller, In
winch evert Soler shall Immediately return ell Earreat Money to Purcheser. Purchaser Shall Indemnify and hold Seller
harmless from and against any damage In Me Conhaot Property or any dakna or Mans against Soler wdfer Me Commit
Property caused by or among from the Tests or Purchasers inspection a the Contract Property as Provided In Mle
Paragraph 6. Such IademnMcehon shell not appy to the exert M any negll rdis by Suer. Purchaser shall ret disclose,
giw, or transmit In any manner or form to any person or entity other than Me Purchaser and Solar, and their respective
mtbmeys, contractors and consultants, any Information relating to the Contract Property discovered Or nwealed by Me
Teats, or any investigation or inspection of the Contract Property performed by, at Me direction of, or on behalf of
Purchaser, except as may be required by use. The provisions of this paragreph 6 shall survlve Closing or termination of
thin Cantrell.
6. TITLE AND SURVEY.
A. During Me Feasibility Period, Purchaser shall obtain, at Punctual expense, a complete current
cer68ed survey of the Contract Property and any related easements (the'Survey), in a form acceptable fo Purchasar,
which shall cousin a legal description of the Contract Property, which description shall be used In the conveyance
document(s).
B. During the Feasibility Period, Perinea abed obtain a title insurance commlbnent (Me
'C.annamenr). M a form acceptable to Purchase and Seller, leased by a MIs Insurance company acceptable to
Purchaeer (Me 'ride Company), In which the Tits Company commits had, upon dolivary and recording o the dead
povldad for hemin, the Title Company will issue, at Me Thus Co nmenys usual nates, a policy of owners the insurance
Insuring Purchaser in the total amount of the Pucham Price against loss on account of any defect or encumbrance In Me
flue to or reflected in Me surrey of Me Contract Property and any related easements. Purchaser shall pay all onsite of tide
Insurance and Selor shall pay all documentary, stamps on Me deed aid all transfer and conveyance taxes and fele.
Salle shall provide to Purcheear, wlMin ten (10) business clays a Me Contract Date, a copy of arty Offs insurance policy
or sunmyfor the Contract Property, In Sellers possession
C. Purchaser may summits, the title to and survey of the Consort Property and any related
easements and may rattly Soler prior to expiration of the Femal Periotl of any We or survey matter which, In
Purchasers sea opinion, is objectionable or hes an advefe steed on Oce Contract Property or any rebated easements
(hereinafter referred to as an 'Objection'). Additionally, at any time prior In Cbathg, Purchaser shot hew the right M
notify Sellar of any Objection appearing on any subsequent or updated survey or Mle commitment, In whkh even) any
such objections will be handled In Me same manner As an Objection WtWh In this Paragraph 6.
�M IsR,CaP GnvMeM1MUwsnanwl FpmepNMAV10 FIWL.Mv
1
Signed, sealed and delivered as to
Purchaser, in the Presence a..
I
-
„ate
imb
U E
O
LAI0 VENTURES, INC., a Georgie colporatlon
Ry:
Nene:
Title: _CA.v.
[CORPORATE SEAL)
Executed this day afFi%4T 2014.
STATE OF GEORGIA
1. Ma undersigned, a Notary Public In and for will County M said State, homey codify d1a�fl//,! L%lLI/I7 as
C•Q•O• of DEL IAGO VENTURES, INC., a Georgia wrywalon, whose name a signed W Ua foregoklg
Inetrumdq and who Is known to me, acknmwedged before me on this day, that bark, Informed of the conteri6 d gre
foregoing Instrument (s)he executed the same waunbrily on the daily Me same bears date.
Galan under my hand and seal this day of j 'Y 2014.
a`11/1UltER04,4
'
ZS
�r`c)�Ms '4e"4
�rA/ytOEOP�`lvv�
Sgned, sealed and delivered as
to Seller, In the presence of:
Printetl
wlMell Name, B�•+t �laiia "
Fs::_Sa.J
W
PMled � ,.Y'L
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, this undiss a fsofery Public in and for said County m saM Slake. hereby certify that
hill r`e, $4. CQ 6F'r%roas name is signed N Ure foregoing Instrument, mxI who a known to me, acknoMedged
before me on this day. Mat being infarmed of the contents of the foregoing Instrument (s)he executed the same voluntarily
on Uro day Ua same bears date,
GNenundm myhand and sea this�L p_ dayof�11yaX—(*014.
4pubtk —r
My Commission Expires:
[NOTARIAL SEAL]
�
MYLG950NYEEOYRO f
Ern PEBM4h-' Q�nJlm
Weis aide iii Cmu 1933! � a .. Sure ICO, Auu GA M1391 neeus.se 1 M01 ]EW
EXHIBIT A
Legal Description of Contract Pmpany
"N'..
Burger Kiril Corporation
purchaser:
Del Lag* Ventures, Inc.
Connect Property Million:
Astronaut Bvd, Cape Canaveral
The Contract Property, as outlined balow in rad and made a pan hereof, bang located in County, and being a potion d
Parcel ID No. 2e-37-1"(0 DDD3T.0.0000 W and is more Particularly described as idlows;
COMMENCING at a point locatetl at weeen nghtof-way boundary line of Central Bud and the scumem right-of-way
boundary line of AIA, said pain being tie POINT OF COMMENCMENT; thence proceed along the s*uth m rightof-way
boundary line d AIA a distance d+/- M feet to a point located at the southeast cpner d Parcel ID No. 2431-13.
00037.0-0DD0.00, said point being the POINT OF BEGINNING; thmice continue along said rightot-way boundary line a
distance d+/-136 feet N a point; thence tum left and leaving said right d -way boundley line, patted In a southwesterly
direction a distance d+/-213 feat t* a point; thence tun left and pi -Meed in a aouthaaeerly direction a distance d+/ -
1W feet to a paid; thence Nm left and proceed M a noriheastedy direction a distance d+/- 213 fad to a pint, said pent
being the POINT OF BEGINNING, all as subject to a current and accurate survey.
u
Norm
NNS.
PFA
s. -T— s— vr" —11. cw .mw., soiu too, ruima G. 303. 1ate[ P,. I.I. INT KHERE
! Fidelity National Title Insurance Company
Fidelity National Title of Florida, Inc.
7208 W. Sand take Rd. #304
Orlando, FL 32819
Phone: 407-370-0027
Fidelity National Title Insurance Company
OWNERSHIP AND ENCUMBRANCE REPORT
Order No.: 5138529
Customer Reference: 16-15-0029
This will serve to certify that Fidelity National Title Insurance Company has caused to be
made a search of the Public Records of Brevard County, Florida, ("Public Records") as
contained In the office of the Clerk of the Circuit Court of said County, from February 06,
1997, through February 01, 2015 at 11:00 PM, as to the following described real property
lying and being in the aforesaid County, to -wit:
A parcel of land lying in Section 15, Township 24 South, Range 37 East, Brevard county,
Florida, and being more fully described as follows:
Commence at the intersection of the North line of the South 3316.80 feet of said Section 15
with the Westerly right-of-way line of State Road 401, a 100.00 foot wide right-of-way per
Florida S.R.D. Right -of -Way Map Section 70080-2202; thence South 36044'29" East along
said Westerly right-of-way line, a distance of 819.52 feet to a point lying 435.60 feet
Northwesterly, as measured along said right-of-way line, of the Northeast corner of those
lands as recorded in O.R. Book 3064, Page 2885 of the Brevard County Public Records, said
point being the Point -of -Beginning of the lands herein described; thence continue South
36°44'29" East, along said Westerly right-of-way line, a distance of 435.60 feet to said
Northeast corner of said lands per O.R. Book 3064, Page 2885; thence departing said right-
of-way line, South 53°15131" West, along the North line of said lands, a distance of 500.00
feet; thence departing said North line, North 36°44'29" West parallel with said Westerly
right-of-way line, a distance of 435.60 feet; thence North 53°15'31" East, a distance of
500.00 feet to the Point -of -Beginning.
Less and except the following described parcel:
A portion of parcel of land lying In Section 15, Township 24 South, Rang a 37 East, Brevard
County, Florida, as follows:
Commence at the Intersection of the North line of the South 3316.80 feet of said Section 15
with the Westerly right-of-way line of State Road 401, a 100.00 foot wide right-of-way per
Florida S.R.D. Right -of -Way Map Section 70080-2202; thence South 36044'29" East along
said Westerly right-of-way line, a distance of 819.52 feet to a point lying 435.60 feet
Northwesterly, as measured along said right-of-way line, of the Northeast corner of those
lands as recorded in O.R. Book 3064, Page 2885 of the Brevard County Public Records, said
point being the Point -of -Beginning; thence continue South 36°44'29" East, along said
Westerly right-of-way line, a distance of 136 feet to a point; thence departing said right-of-
way line, South 53"15'31" West a distance of 330 feet to a point; thence South 36°44'29"
East a distance of 299.60 feet to a point; thence South 53°15'31' West a distance of 170
feet to a point; thence North 36°44'29" West a distance of 435.60 feet to a point; thence
Ownershlp and Eowmbranos Report Page 1 of 3
Order No.: 5138529
Customer Reference: 16-15-0029
North 53°15'31" East a distance of 500 feet to a point, said point being the Point of
Beginning.
As of the effective date of this Report, the apparent record Fee Simple title owner(s) to the
above-described real property Is/are: -
Racetrac Pertroleum, Inc., a Georgia corporation
The following liens against the said real property recorded In the aforesaid Public Records
have been found:
1. Mortgage Information:
A. Mortgage recorded in Official Records Book 4798, Page 3944.
B. Assignment of Rents, Leases and Profits recorded in Official Records Book 4830,
Page 1990.
C. UCC -1 Financing Statement recorded in Official Records Book 4830, Page 1999.
2. Judgment / Lien Information:
A. Notice of Lis Pendens recorded in Official Records Book 6262, Page 2313.
B. Code Enforcement Lien recorded in Official Records Book 7288, Page 183.
3. Informational:
A. Warranty Deed recorded In Official Records Book 3643, Page 4181.
B. Limited Warranty Deed recorded in Official Records Book 3949, Page 1127.
C. Ingress/Egress Easement Agreement recorded in Official Records Book 3949, Page
1131.
D. Declaration of Restrictive Covenants recorded in Official Records Book 3949, Page
1136.
4. Tax Information:
A. Taxes for 2014 have been paid.
Public Records shall be defined herein as those records currently established under the
Florida Statutes for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
This Report shows only matters disclosed In the aforesaid Public Records, and it does not
purport to insure or guarantee the validity or sufficiency of any documents noted herein;
nor have the contents of any such documents been examined for references to other liens
Ownership and Encumbranre Report
Page 2 of 3
Order No.: 5139529
Customer Reference: 16-15-0029
or encumbrances. This Report is not to be construed as an opinion, warranty, or guarantee
of title, or as a title Insurance policy; and Its effective date shall be the date above specified
through which the Public Records were searched. This Report Is being provided for the use
and benefit of the Certified Party only, and It may not be used or relied upon by any other
party. This Report may not be used by a Fidelity National Title Insurance Company agent for
the purpose of issuing a Fidelity National Title Insurance Company title Insurance
commitment or policy.
In accordance with Florida Statutes Section 627.7843, the liability Fidelity National Tide
Insurance Company may sustain for providing Incorrect information In this Report shall be
the actual loss or damage of the Certified Party named above up to a maximum amount of
$1,000.00.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused this Report to
be issued in accordance with Its By -Laws.
Fidelity National
Title Insurance Company
Susan Capps
Ownershlp antl Encumbrance Report Page 3 of 3
File No.: FT16-16-14-000040 (Revised 2.21.15)
Commitment No.: 16-14-000040
0
Fidelity National Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued by
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Fidelity National Title Insurance Company, a California corporation (the "Company"). for a valuable
consideration, commits to issue its policy or policies of tide insurance, as Identified in Schedule A, in favor of the
proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the Land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements;
all subject to the provisions of Schedules A and 6 and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective
Date or when the policy or polices committed for shall Issue, whichever first occurs, provided that the failure to
Issue the policy or policies Is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by an authorized officer of the Company or an
agent of the Company.
IN WITNESS WHEREOF, Fidelity National Title Insurance Company has caused its corporate name and seal to
be afxed by its duly authorized officers on the Effective Date shown in Schedule A.
Fidelity National Title Insurance Company
,. 4J, L
SEAL
RIFIT
WmM
FNFL0602.M ALTA Commitment (6117106)(with Florida htodifloetlons) - Cover
File No.: FT16-16-14-000040 (Revised 2.21.15)
Commitment No.: 16-14-000040
CONDITIONS
1. The term mortgage, when used herein, shall include dead of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,
the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its
option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured In the form of policy or polices committed for and only for
actual loss Incurred in reliance hereon In undertaking In good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown In Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount
stated in Schedule A for the policy or policies committed for and such liability Is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or
a report of the condition of title. Any action or actions or rights of action that the proposed Insured may
have or may bring against the Company whether or not based on negligence arising out of the status of
the title to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
5. The policy to be issued will contain the following arbitration clause. Unless prohibited by applicable law,
arbitration pursuant to the Title Insurance Arbitrations Rules of the American Arbitration Association may
be demanded If agreed to by both the Company and the Insured at the time of the controversy or claim.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, and serviced of the Company in connection with is
issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and
under the Rules in effect on the date the demand for arbitration Is made or, at the option of the Insured, the
Rules In effect at Date of Policy shall be binding upon the parties. The award may include attomeys' fees
only if the laws of the state in which the land is located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
FNFL0603.rdw ALTA Commitnent(61W/06)(wlth Flonda Mo ]f1wlOns)-Canditlons
0 Fidelity National 77tle Insurance Compmry
Fidelity National Title of Florida, Inc.
7208 West Sand Lake Road, Suite 102
Orlando, FL 32819
Phone: 407-370-0027
E -Fax: 386-523-0882
Fidelity National Title Insurance Company
(Revised 2 21 15)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order No.: 4730420
Customer Reference: 16-14-000040
1. Effective Date: January 22, 2015 at 8:00 AM
2. Policy or Policies to be Issued: Premium: $TBD
A. ALTA Owners 2006 with Florida Modifications
Proposed Insured: RaceTrac Petroleum, Inc., a Georgia corporation
Proposed Amount of Insurance: $340,000.00
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple and Easement
4. Title to the Fee Simple and Easement estate or interest in the land is at the Effective Date
vested in:
BURGER KING CORPORATION, a Florida corporation (As to Parcels 1, 2, 3, 4, and 5)
RACETRAC PETROLEUM, INC., a Georgia corporation (As to Parcel 5)
S. The land referred to In this Commitment Is described in Exhibit 'V attached hereto and
made part hereof.
Countersign
8Y:
46�?
Aut Officer or Agent
Copyright American Land Title to ALT licensees
e. Ae right reserved.
All use of .a Form Is restricted to ALTA licensees andefr ALTA members In good standing iv of the date of uae.
All other uses are prohibited. Reprinted under license from he American Lend Tige Assodatbn.
ALTA Commibnent (6117/06) (with FL Modificamns) 1 Of 8
Order Number: 4730420
Customer Reference: 16-14-000040
Fidelity National Title Insurance Company (RMd211d1.ZU1ID
SCHEDULE B SECTION I
REQUIREMENTS
The following are requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
Interest to be insured.
2. Instrument(s) creating the estate or Interest to be Insured must be properly executed, delivered and
filed for record:
A. Duly executed Warranty Deed from BURGER KING CORPORATION, a Florida corporation, Grantor,
to DEL LAGO VENTURES, INC., a Georgia corporation, Grantee, conveying the land described on
Schedule A hereof.
Together with proof that BURGER KING CORPORATION, a Florida corporation is currently in good
standing under the laws of the State of Florida. If the current transaction involves: (i) the
disposition of substantially all of a corporation's property or assets; (ii) the conveyance of
corporate property to an officer, director or agent who is also a signatory; (iii) conveyance of
property for minimum consideration; or (iv) the execution of documents incident to the transaction
by an officer other than the president, chief executive officer or any vice-president with a corporate
seal, then a recordable resolution of the corporation's Board of Directors, Shareholders and/or
Members must be obtained.
B. Duly executed Access Easement by and between BURGER KING CORPORATION, a Florida
corporation; DEL LAGO VENTURES, INC., a Georgia corporation; and RACETRAC PETROLEUM, INC.,
a Georgia corporation, together with joinder and Consent by COMMERCEBANK, N.A., a national
banking association, pursuant to Mortgage and Security Agreement recorded In Official Records
Book 4798, Page 3944, and Assignment of Rents, Leases and Profits recorded In Official Records
Book 4830, Page 1990, creating the Easement Estate to the land described as Parcel 5 on Schedule
A hereof.
Together with proof that BURGER KING CORPORATION, a Florida Corporation; DEL LAGO
VENTURES, INC., a Georgia Corporation; RACETRAC PETROLEUM, INC., a Georgia corporation; and
COMMERCEBANK, N.A., a national banking association, are currently In good standing under the
laws of the State of Florida/Georgia. If the current transaction involves the execution of documents
Incident to the transaction by an officer other than the president, chief executive officer or any
vice-president, then a recordable resolution of the corporation's Board of Directors, Shareholders
and/or Members must be obtained.
3. Proof of payment of any outstanding assessments in favor of Brevard County, Florida, any special
taxing district and any municipality. NOTE: If this requirement is not satisfied the following exception
will appear on Schedule B:
Any outstanding assessments in favor of Brevard County, Florida, any special taxing district and any
municipality.
4. Proof of payment of service charges for water, sewer, waste and gas, If any, through the date of
closing. NOTE: If this requirement is not met the following exception will appear on Schedule B:
Any lien provided for by Florida Statutes in favor of any city, town, village or port authority for unpaid
service charges for service by any water, sewer, waste or gas system supplying the Insured land or
service facilities.
Copyright American Land TNlg Aesociation. All rights reserved.
The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the data of use. All other
uses are pmhtbl4b. Rapdnted under license horn the American Land This Association. a�
ALTA Cranmlensnt W17/06) (wgh FL Modificagons) 2 of 8
Order Number: 4730420
Customer Reference: I6-14-000040
Fidelity National Title Insurance Company (Revised 2.21.151
SCHEDULE B SECTION I
Requirements continued
5. A survey, satisfactory to the Company, must be furnished. If said survey should disclose building
setback lines, easements, encroachments, overlaps, boundary line disputes, or other adverse matters,
they will appear as exceptions In Schedule B of the Owner's Policy and Schedule B, Part 1 of the Loan
Policy to be Issued. Said survey Is necessary in order to more accurately describe the lands to be
insured herein.
6. Termination of the Ingress/Egress Easement Agreement recorded In Official Records Book 3949, Page
1131, to be executed by BURGER KING CORPORATION, a Florida corporation, RACETRAC PETROLEUM,
INC., a Georgia corporation, and ASA ACQUISITION GROUP, LTD., L.L.P., a Florida limited liability
limited partnership.
7. Partial Release of the Insured land from the restrictions contained in that certain Declaration of
Restrictive Covenants recorded In Official Records Book 3949, Page 1136.
NOTE: Paragraph 1 of said Declaration of Restrictive Covenants contains restrictions in favor of
Racetrac Petroleum, Inc., a Georgia corporation, which state "No facility which serves as a retail outlet
for the sale of gasoline, other petroleum products, or motor fuels or as a convenience store shall be
constructed, maintained or operated on the Declarant Property".
8. Partial Release of the Insured land from the restrictions contained in that certain Warranty Deed
recorded in Official Records Book 5847, Page 1000.
NOTE: Exhibit "Be of said Warranty Deed contains restrictions Imposed by AIA Outparcels Group,
L.L.L.P., a Florida limited liability limited partnership, and Burger King Corporation, a Florida
corporation, which state "Grantee agrees to restrict the Property as follows and will not use, assign,
sublease, license or otherwise permit the use of, any portion of the Property for any of the following
uses: ... Car wash; auto body or repair shop; radiator repair shop; automotive service station;...", and
which benefit property owned by AIA Acquisition Group, Ltd., L.L.P., a Florida limited liability limited
partnership.
9. Proof of compliance with the terms and conditions of Resolution No. 2008-03 recorded in Official
Records Book 5843, Page 658, pertaining to lot splitting.
10. Dismissal of litigation with prejudice and discharge of the Lis Pendens Flied in Case styled Burger King
Corporation vs. Racetrac Petroleum, Inc., a Georgia corporation, being Case No. 2010 -CA -040503 in
Brevard County, Florida, as disclosed by Notice of Lis Pendens recorded in Official Records Book 6262,
page 2313.
11. Duly executed Sign Easement by and between DEL LAGO VENTURES, INC., a Georgia corporation, and
BURGER KING CORPORATION, a Florida corporation.
NOTE: 2014 Real Property Taxes in the gross amount of $13,327.05 are paid, under Tax I.D. No. 24-37-
15-00-00037.0-0000.00. (Parcels 1 and 5)
NOTE: 2014 Real Property Taxes in the gross amount of $16,275.91 are paid, under Tax I.D. No. 24-37-
15-00-00826.0-0000.00. (Parcel 5)
NOTE: No open mortgage(s) were found of record. Agent must confirm with the owner that the property
Is free and clear.
Copyright American Land Title to ALT iii a. All right reserved. ....
The sae of the Form ie ported u d ALTA Is efrom t and ALTA members In good standing as of Ma data of use. All other
uses are prohibited. Repdntetl under llcansefrom the Amadcan Land Title Association.
�
ALTA Commlbnent (W17106)(eiM FL Modigcadons) 3 of 8
Order Number: 4730420
Customer Reference: 16-14-000040
e ridelity National Title Insurance Comptnp• tRevlaed azi.Is>
SCHEDULE B SECTION I
Requirements continued
NOTE: Because the contemplated transaction Involves an all-cash closing, the Company has not
performed searches on the names of the purchasers/proposed Insured. If the Company Is asked to insure
a mortgage from said purchasers, we will require notlflcatlon of same and we reserve the right to make
additional requirements and/or exceptions which we may deem necessary after conducting name searches
on the purchasers.
END OF SCHEDULE B SECTION I
The use of Arathis F o n Land Titsoted to ALT Bien All rights rausLTA r am
The use of this Form Is restricletl b ALTA Ilcanseae aM ALTA members In good etantling as of the data of use. All other '.
uses are prohlbited Repdrod urder Iloenes from the Amedcan Lend TMa Assodabon.
ALTA Commitinant (&17M6) (.IM FL Modifications) 4 of 8
Order No.: 4730420
Customer Reference: 16-14-000040
Fidelity National Tide Insurance Company (Revised za1.15)
SCHEDULE B SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be Issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, If any, created, first appearing In the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
2. Taxes and assessments for the year 2015 and subsequent years, which are not yet due and payable.
3. Standard Exceptions:
A. Intentionally deleted.
B. Rights or claims of parties in possession not shown by the public records.
C. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished,
Imposed by law and not shown by the public records.
D. Taxes or assessments which are not shown as existing liens In the public records.
4. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town,
village or port authority for unpaid service charges for service by any water, sewer or gas system
supplying the Insured land.
5. Any claim that any portion of the Insured land Is sovereign lands of the State of Florida, Including
submerged, filled or artificially exposed lands accreted to such land.
6. Any and all rights of the United States of America over artificially filled lands in what were formerly
navigable waters, arising by reason of the United States of America's control over navigable waters in
the interest of navigation and commerce, and any conditions contained In any permit authorizing the
filling in of such areas.
7. Phosphate, minerals, metals, and petroleum reservations in favor of Trustees of the Internal
Improvement Fund as recorded in Deed Book 438, Page 547. Note: Right of entry as to exploration is
released pursuant to F.S. 270.11. (As to Parcels 1, 2, 3, 4, and 5)
8. Intentionally deleted.
9. Declaration of Restrictive Covenants recorded in Official Records Book 3949, Page 1136, as affected by
Partial Release recorded in Official Records Book _, Page . (As to Parcel 1)
10. Unity of Title and Access Limitation Agreement recorded in Official Records Book 5421, Page 6998. (As
to Parcels 1, 2, 3, 4, and 5)
11. Sidewalk Easement in favor of the City of Cape Canaveral recorded In Official Records Book 5566, Page
4488. (As to Parcels 1, 2, 4, and 5)
MIM
Copyright American For rest Titleacted Association.Ucen All rights reserved. ,:.,,...
The use of this Fenn R primed u to ALTA licensees and ALTA members In goodMan ator,n8 as of the dab of use. All other - -
uses are prohibited. Reprinted antler license from Ma Amadcan Land Title Mandator, c*LT`'
ALTA Commllmant (6/17/06) (with FL Modifications) 5 of 8
Order No.: 4730420
Customer Reference: 16-14-000040
® Fidelity National Title Insurance Company (R i IIz JAW
SCHEDULE B SECTION II
EXCEPTIONS
12. Water Line & Ingress/Egress Easement Agreement In favor of the City of Cocoa recorded In Official
Records Book 5566, Page 4497, which was re-recorded In Officlal Records Book 5609, Page 6689. (As to
Parcels 1, 2, 3, 4, and 5)
13. Intentionally deleted.
14. Sewer Easement in favor of the City of Cape Canaveral recorded In Official Records Book 5566, Page
4513. (As to Parcels 1 and 3)
15. Easement In favor of Florida Power & Light Company recorded in Official Records Book 5581, Page 1745.
(As to Parcels 1 and 3)
16. Sidewalk Easement In favor of the City of Cape Canaveral recorded In official Records Book 5589, Page
1175. (As to Parcels 1, 2, 4, and 5)
17. Easement in favor of the City of Cape Canaveral recorded in Official Records Book 5589, Page 1179. (As
to Parcels 1 and 3)
18. Easement Agreement for Stormwater Drainage, Conveyance, Treatment and Disposal in favor of L&M
Development of Brevard, Inc., recorded in Official Records Book 5757, Page 7433. (As to Parcels 2, 3,
and 4)
19. Resolution No. 2008-03 recorded in Official Records Book 5843, Page 658. (As to Parcels 1 and 5)
20. Covenants, conditions and restrictions set forth in Warranty Deed from AlA Outparcel Group, L.L.P., to
Burger King Corporation, recorded in Official Records Book 5847, Page 1000, as affected by Partial
Release recorded In Official Records Book Page . (As to Parcels 1 and 5)
21. Terms and conditions of Signage, Maintenance and Access Easement Agreement among AIA Acquisition
Group, LTD., L.L.P., L&M Development of Brevard, Inc., and Burger King Corporation, recorded in Official
Records Book 5847, Page 1006. (As to Parcels 1, 2, and 4)
22. Terms and conditions of Storm/Surface Water and Drainage Easement Agreement between ASA
Acquisition Group, LTD., L.L.P., and Burger King Corporation, recorded In Official Records Book 5847,
Page 1022. (As to Parcels 1 and 3)
23. Terms and conditions of Access, Ingress and Egress Easement Agreement between ASA Acquisition
Group, LTD., L.L.P., and Burger King Corporation, recorded In Official Records Book 5847, Page 1036.
(As to Parcels 1 and 4)
24. Landscape and Sidewalk Easement Agreement between ASA Acquisition Group, LTD., L.L.P., and Burger
King Corporation, recorded In Official Records Book 5847, Page 1047. (As to Parcels 1 and 5)
25. Intentionally deleted.
26. Access Easement among Burger King Corporation, Del Lago Ventures, Inc., and Racetrac Petroleum,
Inc., recorded In Official Records Book _, Page . (As to Parcels 1 and 5)
copyright American Lena Tine Association. All rights roaerved.
The use of this Form is restricted to ALTA Ilmnsees and ALTA members In good standing as of the date of use. All other -
uses are prohlblled. Reprinted under Ilosone nom the American Land Title Association. '
ALTA Commibnent (6117/08) (with FL Modifications) 6 of 8
Order No.: 4730420
Customer Reference: 16-14-000040
Fidelity National Title Insurance Company (ReWsed z.zl.ts)
SCHEDULE 8 SECTION II
EXCEPTIONS
27. Sign Easement in favor of Burger King Corporation, a Florida corporation, recorded in Official Records
Book _, Page _. (As to Parcel 1)
28. Unrecorded Agreement Allocation of Frontage for Signs dated November 15, 2005.
29. Rights of tenants occupying all or part of the Insured land under unrecorded leases or rental
agreements.
NOTE: The Company reserves the right to make further requirements and/or exceptions upon its review of
the proposed documents creating the estate or Interest to be Insured or otherwise ascertaining details of the
transaction.
NOTE: If the proceeds of the loan to be secured by the Insured mortgage are deposited with the Company
or its authorized agent, Item 1 above shall be deemed deleted as of the time such funds are disbursed to or
for the account of the borrower. Neither the Company nor Its agent shall, however, be under any duty to
disburse any sum except upon a determination that no such adverse Intervening matters have appeared of
record or occurred.
NOTES ON STANDARD EXCEPTIONS:
Item 3A will be deleted from the policy(ies) upon receipt of an accurate survey of the Land acceptable to the
Company. Exception will be made for any encroachment, setback line violation, overlap, boundary line
dispute or other adverse matter disclosed by the survey.
Items 3B, 3C, and 3D will be deleted from the policy(les) upon receipt of an affidavit acceptable to the
Company, affirming that, except as disclosed therein (i) no parties In possession of the Land exist other
than the record owner(s); (ii) no Improvements have been made to the Land within 90 days prior to closing
which have not have been paid for In full; and (iii) no unpaid taxes or assessments are against the Land
which are not shown as existing liens in the public records. Exception will be made for matters disclosed in
the affidavit.
NOTE: All recording references in this commitment/poilcy shall refer to the public records of Brevard
County, Florida, unless otherwise noted.
NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the Insured hereunder
may present Inquiries, obtain information about coverage, or receive assistance in resolving complaints, by
contacting Fidelity National Title Insurance Company, 601 South Lake Destiny Road , Suite 300, Maitland,
FL 32751; Telephone 855-848-5374.
Searched By: Brian Palmer
END OF SCHEDULE B SECTION II
Copyright American Land Title to ALTA lion. All and LTAmeranue�ed.
The me of this Form le residctetl ro ALTA licensees entl ALTA members In 9ootl atantling as of the data of use. Mother
uses are pmhiblted. Reprinted under license from the Amarican Land Title Assodlation. AL
ALTA Commitment (6117106) (with FL Modlflcat-0 7 of 8
Order No.: 4730420
customer Reference: 16-14-000040
Fidelity National Title Insurance Compmty fRevtaed 2.21.15)
EXHIBIT"A"
PARCEL 1: (FEE SIMPLE ESTATE)
The Southeasterly 136 feet of the following described lands:
A portion of those lands described In Official Records Book 5288, Page 2196 and Official Records
Book 5288, Page 2198, of the Public Records of Brevard County, Florida, lying In Section 15,
Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as
follows:
Commence at the Intersection of the North line of the South 3316.80 feet of said Section 15 and
the Westerly right-of-way line of State Road A -1-A (a 100.00 foot wide right-of-way); thence
continue South 36044'29" East, along said Westerly right-of-way line, a distance of 660.78 feet, to
the POINT OF BEGINNING of the herein described parcel; thence continue South 36044'29" East,
along said Westerly right-of-way line, a distance of 294.74 feet, to the Southerly line of said lands;
thence South 53°15'31" West, along the Southerly line of said lands, a distance of 213.04 feet;
thence North 36°44'29" West, a distance of 270.04 feet; thence North 26°08'03" East, a distance
of 54.21 feet; thence North 53°15'41" East, a distance of 164.78 feet, to the POINT OF
BEGINNING.
PARCEL 2: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Signage, Maintenance and Access Easement
Agreement among ASA Acquisition Group, Ltd., L.L.P., L&M Development of Brevard, Inc., and
Burger King Corporation, recorded in Official Records Book 5847, Page 1006, Public Records of
Brevard County, Florida.
PARCEL 3: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Storm/Surface Water and Drainage Easement
Agreement between AlA Acquisition Group, Ltd., L.L.P. and Burger King Corporation, recorded In
Official Records Book 5847, Page 1022, Public Records of Brevard County, Florida.
PARCEL 4: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described In Access, Ingress and Egress Easement Agreement
between AIA Acquisition Group, Ltd., L.L.P. and Burger King Corporation, recorded in Official
Records Book 5847, Page 1036, Public Records of Brevard County, Florida.
PARCEL 5: (NON-EXCLUSIVE EASEMENT ESTATE)
Easement for the benefit of Parcel 1 described in Access Easement among Burger King Corporation,
Del Lego Ventures, Inc., and Racetrac Petroleum, Inc., recorded In Official Records Book
Page , Public Records of Brevard County, Florida.
Copyright American Land Title Association. All rights rasarwd.
The use of one Form is restricted to ALTA licensees and ALTA members In good standing as of Bre date q`
.y'
of use. All other uses are prohibged. Reprinled under license from the American Lantl Ttle Association. �Sk
ALTA cammilment (8!17/06) (with FL Modiflatlons) 8 of 8
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
Fidelity National Piraticial, Inc. and its majority-owned subsidiary
companies providing real estate- and loan -related sareices (collectively,
"FNF", ,one, or "we'j respect and are committed m protecting your
privacy. This Privacy Notice late you know how and for what purposes
your Personal Information (m defined herein) is being collected.
processed and used by FNF. We pledge that we will take masomble
steps to ensure that your Personal Information will only be used in ways
that aro in compliance with this Privacy Notice. The provision of this
Privacy Notice to you does not cream any express or implied
relatiouship, or cream any express or implied duty or other obligation,
between Fidelity National Financial, I-. and you. See also No
Representation, or Warranties below.
This Privacy Notice is only in effect for say generic information and
Perseus Infonution collected and/or owned by FNF, including
collection through any FNF website and any online features. services
andtor programs offered by FNF (collectively, the "Website"). This
Privacy Notice is not applicable to any other web pages, mobile
applications, social media sites, email lists, generic information or
Personal Information collected and/or owned by any army atimr then
FNF.
HaW I f rno tion b Collected
The types of personal information FNF collects may include, among
other things (collectively, "Personal Infamutioe): (1) contact
information (e.g., name, address, phone number, email address); (2)
demographic information (e.g., date of birth, gender marital stains); (3)
Internet pmtwol (or IP) address or device ID/UDID; (4) social security
number (SSN), student ID (SIN), driver's license, passport, and other
government ID numbers; (5) firmucial account Information; and (6)
information related in offenses or criminal convictions.
In the coume of our business, we may collect Personal Information about
you firm the following sources:
• Applications or other foram we receive from you or you authorimd
representative;
• Information we receive from you through the Website;
• Information about you tmnactions with or services performed by
us, our affiliates, or others; and
• From consumer of other reporting agencies and public records
maintained by govemmwml entities that we either obtain directly
from those entities, or fro. ons affiliates orodrea.
Additional Ways Information is Collected Thnumh the Website
Browser Log Files. Our serval automatically log each visitor to
the Websim and collect and record certain information about each visitor.
This information may include Ip address, browser Wrguage, browmt
type, operating system, domain names, browsing history (including time
spent at a domain, time and date of your visit), mmilmglexit web pages
and URIs, and number of clicks. The domain name and IF address mveal
nothing personal about the mer other Into the IF address from which the
mer has accessed the Websim.
Cookies. From time to time, FNF or other dtvd parties may send a
"rookie" in you computer. A cookie is a small piece of data that is sent
W your Inmmet browser from a web server mrd stored on your
computer's hand drive and that can be re -sent to the serving website on
subsequent visits. A cookie, by itself, cannot mad other data from your
bard disk or read other cookie files already on you computer. A cookie,
by itself, dor cat damage your system. We, our advertisers and other
third parties may use cookies in identify and keep track of, among other
things, those areas of the Website and third parry websites that you have
viii led 61 the pmt in order to enhance your next visit in the Websim. You
Privacy Notice
Emeetive: Lnmry 6, NI5
FNFLDD43.rdw
can chore whether or not to accept cookies by changing the settings of
your Internet browser, but some functionality of the Website may be
impaired or not function as intended. See the Third Perry Oot On section
below.
Web Beacom. Some of our web pages and electronic
communications may certain images, which may or may not be visible m
you, known as Web Beacom (sometimes referred to as "clear gifs").
Web How. collect only limited information that includes a cookie
number, time and date of a page view; and a description of the page on
which the Web Beacon resides. We may also carry Web Beacons placed
by third Parry advertisers. These Web Beacons do not carry any Persoul
Information and are only used in track usage of the Website and activities
associated with the Website. Seethe Third Pane Out Out section below.
Unique Identifier. We may ensign you a unique internal identifier
in help keep track of your future visits. We may use this information to
gather aggegate demographic information about our vimusss, and we
may use it to Personalize the information you We on the Website and
some of the electronic communications yen receive from us. We keep
this information for our internal use, and this information is net shared
with others.
Third Party Opt Out. Although we do not presently, in the future we
may allow third -party, companies to serve advertisements andtor collect
certain anonymous information when you visit the Website. These
companies may use nom -personally identifiable mdomatim (e.g., click
stream information, browser type, time and date, subject Of
advertisements clicked or scrolled ova) timing your visits to the Website
in order to provide advartise n ndS about products and services likely to
be of greater inimical W you. These companies typically use a cookie or
third party Web Beacon to collect ibis information, as further described
above. Through these technologies, the third parry may have access to
and use non -personalized information about your online usage activity.
You can opt -out of certain online behavioral services through any one of
In, ways described below. After you opt -out, you may conform ro
receive advertisements, but those advertisements will no longer be as
relevant to you.
• You rn opt -out via the Network Advertising Initiative industry opt -
"is
1 k dv rt6ina ora/
• You can opt -out via the Consumer Choice Page at
wwW.b tad 'f
• For those hr the U.K., you can apt -out via the IAB UK's industry
opt -out at •^• " f 'h
• You can configure your web browser (Chrome, Pintos, Internet
Explomq Safari, etc.) to delete and/or control the use of cookies.
More information can be found in be Help system of your browser.
NOW: If you opt -out as described above, you should not delete your
ewkmu. If you delete your cookies, you will need to opt -out again.
Us, of Personal Information
Infonmtion collected by FNF is used for those mein Purposes:
• To provide products mrd services to you or one or more third parry
service providers (cobcctively, "Third Parties' Who are obtaining
services on your behalf or in connection with a transaction involving
you.
• To improve our products and services flier we perform for you or for
Third Parties.
• To communicate with you and to inform you about FNF's, FNF's
atiiliams and third panics' Products mrd services.
WIm. Information Is Disclosed By FNF
We may provide your Personal information (excluding information we
receive from consumes or other credit reporting agencies) to various
individuals and companies, a permitted by law, without obtaining your
prior authorisation. Such laws do not allow consumers to restrict the.
disclosures. Di.lore
sus may include, without limitation, the following:
• To agents, brokers, representatives, or others to provide you with
.rvices you have requested, and to enable us m detect or prevent
criminal activity, fraud, material misrepresentation, or nondisclosure
in connection with an insurance transaction;
• To third -party contractors or.myice providers who provide services
or perform marketing services m other function; on our behalf;
• To law enforcement or other govemmental authority in connection
with an invesligetion,or civil or criminal subpoenas or court orders;
and/or
• To lenders, lien holders, judgment creditors, or other parties
claiming an encumbrance or an interest in title whose claim of
nuclear must be deermiad, settled paid or released prior to a title
or escrow closing.
In addition to the other times when we might disclose information about
you, we might also disclose indamation when required by low or in the
good -faith belief that such disclosure is necessary to: (1) comply with a
legal process or applicable laws; (2) enforce this Privacy Notice; (3)
respond to claims that any materials, docomeuta, images, graphics, logos,
dgigvs, audio, video and any other information provided by you violates
the rights of third parties; or (4) protect the rights, property, or personal
safety of FNF, its msec or the public.
We maintain reasonable safeguards to keep the Personal Information that
is disclosed to Us secure. We provide peamand Information and nor -
Pascual Iatclow on in our subsidiaries, affiliated companies, and other
businesses or Persons for the purposes of Im rising such info mumm on
our behalf and promoting the services of our Hosted business partners,
.me or all of which may stare Yominformation on servem outside of the
United States. We require that these parties agree an process such
information in compliance with our Privacy Notice or in a similar,
ndany-smndad marmer, and we uus, reasonable efforts to limit their use
of well information and to use other appropriate confidentiality and
security measures. The use of your information by ace of our tasted
business partners hay be subject ta dao party's own Privacy Notice. We
do oar, however, di.lae information we rolled from consumer or credit
repotting agencies with our affiliates or others without your cogent, in
conformity with applicable law, unless such disclosure is otherwise
permitted by law.
We also reserve the right to disclose Personal Information and/or non-
1'ersoal Information to take precautions against liability, investigate aid
defend against any third -party claims or allegations, osier government
anfomement agencies, protea the security or integrity of the Website,
and protect the rights, property, or personal safety of FNF, our was or
others.
We reserve the right m heafer your Personal hhfOrreada m as well as any
other information, in connection with the ale or other disposition of all
Or part of the FNF business and/or assets. We also cannot make any
mimacatatims regarding the use or tmerfa ofYour Personal Information
or other information that we may have in the event of our bavlruploy.
compoiatiom insolvency, mceivership or an assignment for the benefit
of credimrs, and You expressly agree and consent to the use and/or
transfer of your Personal information or other information in connection
with a sale or mnsfer of some or all of our users in any of the above
described proceedings. Furthenume, we cannot and will or b
responsible for any breach of security by any third parties or for an
actions of say third Partes that receive any of the information that i
disclosed to a.
Privacy NorMc
Efafin Junoery4.2015
FNFL0043.rdve
Information From Children
We do rLQt ootecl Personal Information from any person that we know to
be under the age of thirteen (13). Specifically, the Website is not
mounded or designed to attract children under the age of thirteen (13).
You affirm that you are either more than tg years of age, or an
emancipated minor, or possess legal parental or guardian consano, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in this Privacy
Notice, and to abide by and comply with this Privacy Notice. In any case,
you affirm that you aro over the age of 13, as THE WERSITE IS NOT
INTENDED FOR CHILDREN UNDER 13 THAT ARE
UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL
GUARDIAN.
Parents should be aware that FNP's Privacy Notice will govern our use
of Personal Information, but also that infornruion that is voluntarily
given by children - or others - in email exchanges, bulletin boards or the
tike may be used by tier, m ache m generate unsolicited
communications. FNF encourages all parous to Marmot their children in
the safe and responsible use of their Personal Information while using the
In a uct.
prl Outside the Website
The Website may contain vativus links mother websites, including links
c various third parry service providers. FNF is not and cannot be
responsible for the privacy practices or the content of any of those Other
websites. Other than under agreements with certain reputable
organizations and tympanies, and except for third parry service Providers
whose services either we we or you voluntarily elect m udlize, we do not
share any of the Personal information that you provide m us with any of
the websites m whicb the Website links, although we may share
agg.gae, non-Per.ml information with tense other third parties. Please
check with those websites in order to detemsine their privacy policies and
your rights under them.
�q Union Usen
If you am a citizen of the European Union, please note that we rosy
member your Personal Information Outside the European Union for use
for any of the purposes described in this Privacy Notice. By providing
FNF with your Personal Information, you comm[ to both ora collection
and such creator of your Penal Information in accordame with this
Privacy Notice.
Ch ' Wlth Y P nl Information
Whether you submit Personal Information to FNF is entirely up to you.
You may decide not to submit Personal Information, in which case FNF
may rat be able to provide certain services or products to you
You rimy choose to prevent FNF from disclosing or using your Personal
Information under certain cimmnstanem ("opt out"). You may opt '"nor
any disclosure or use of your Pomona[ information for peninsula that are
incompatible with the purpose(s) for which it was originally collected or
for which you subsequently gave authorisation by notifying us by one of
the methods at the and of this Privacy Notice. Furthermore, even where
your Personal Information is to be disclosed and used in accordance with
the stated purposes in this Privacy Notice, you may elect to opt out of
an& disclosure m end use by a third Paty that is not acting a an agent of
FNF. As described above, there are some was from which you cannot
opt -out.
Please note tat opting out of the disclosure and we of Your Personal
ou from
ng hired
Information y a by actin FNF m the [ayon extent thflay tpmeviis'�m' Of air hPersonal
e es an employ« by
y h tumom.on is required m apply for a open position.
s If FNF collect, Parma] mfomation from you, such information will mil
be disclged or Used by FNF for Purposes that am mem"Parible with the
purposes) for which it was Originally collected or for which you
subsequently gave authorization unless you affirmatively consent in such
disclosure end use.
You may opt Out of online behavioral advertising by following the
instructions set forth above under the above section "Additional Ways
That Information Is Collected Through the Website." subsection'"fbird
Parry Opt OuL"
Access and Correcdon
To access your personal Information in the possession of FNF and
concert inaccuracies of that information in our records, please contact us
in the mother specified at the end of this Privacy Notice. We ask
individuals to identify themselves and the informado,, requested to be
accessed and amended before processing such requests, and we may
decline to process requests in limited cirmrrusancei as permitted by
applicable privacy legislation.
Your Coifilarifla Prisam, Right,
Under California's 'Shine the Light" law, C IumMe residents who
provide certain pm'sonally identifiable information in conneotan with
obtaining products Or services for personal, family or household use the
entitled in request and chain from us once a calendar you information
about the customer information we shared, if acy, with other businesses
for their own direct marketing uses. Ifapplicable, this information would
include the categories of customer information and the awns, and
addressee of those busirreases with which we shared ammonia
information fm the immediately, prior calendar year (e.g., requests made
in 2015 will mcelse information regarding 2014 sharing activities).
To obtain this information on behalf of FNF, please send an mail
missing, to Qr vacvrti fAf. I with "Request for California Privacy
Information' in the subject line and in the body fyour message. We will
provide tae requested information on you at your mmil address in
response.
Please be aware that not all information shoring is covered by the "Shine
the LighP requiremenm and only information on covered sharing will be
included in our response.
Additionally, because we may collect your Personal Information Prom
time to time, Celifomie a Online Privacy Protection Am tequires us to
disclose how We respond to "do not track" requests and other similar
mechanisms. LluratiI our policy is that we do not recognize "do not
neck" requmts from Internet browsers and smiler devices.
No RemresentaBms or W01-6-9
By providing this Privacy Notice, Fidelity National Financial, Inc. does
not make any representation or warranties whataoever concerning my
Privacy Notice
Effective: fenuary6.2015
FNFL0043.rdw
products or services provided in you by its majority-owned subsidiaries.
In addition, you also expressly agree that your use of the Website is at
your own risk. Any services provided in you by Fidelity National
Financial, Inc. and/or the Website are provided "as is" and "as available"
for your use. without represmation or warranties of any kind, either
express or implied, unless such warranties ere legally incapable of
exclusion. Fidelity National Financial, Inc. makes no mpmsemmons or
warranties that any services provided to you by it or the Website, or any
services offered in connection with the Webehe em or will remain
uninterrupted or error-frx, [list defeMs will be corrected, or that the web
pages on or accessed through the Website, or the servers used in
connection with the W ebake, an or will remain bee from any viruses,
worn, time bombs, drop dead devices. Trojan horses or other harmful
components. Any liability of Fidelity National Financial, Inc. and your
exclusive remedy with respect to the me of any function or service
provided by Fidelity National Financial, Inc. including on or accessed
through the Website, will be the re-parformmce of such srnice £nand to
be inadequate,
van r( 1'a Phis Privacy Notice
By submitting Person] Information to FNF, you consent to the
collectiov anti use of information by m as specified above ar an we
otherwise we fit, in compliance with this Privacy Notice, unless you
inform us otherwise by mcBns of the procedure identified below. If we
decide to change this Privacy Notice, we will make an effort to poet those
changes on the Website. Each time we collect inflammation from you
following any amendment of this Privacy Notice will signify your assent
to and acceptance of its revised terms for all previously collected
information and informed., collected from you in the future. We may
use comnrmm, information or feedback that you may submit in any
manner that we may choose without notice or compensation to you.
If you have additional questions or comments, please let us kmw by
sending your comments or requests to:
Fidelity National Financial, lac.
601 Riverside Avenue
Jacksonville, Florida 32209
Atm: Chief Privacy Officer
(888)934-3354
riv fIMILI oro
Copyright C 2015. Fidelity National Financial, Ins. All Rights Reserved.
EFFECTIVE AS OF: JANUARY 6, 2015
I I JOHN A. PEKAa, P.E., LLC
OVII E 01ha l"/ConauElna
102 Columbia Drive
Suite 201
Cape Gnnve,al, FL 32920
O(tim Phone: 321613-2959
Ga Phom: 321-tag-L04U
jahnpekarpep'}gmaa.mm
GQiu ManQger CeY Pone: 331 603 9899
March 9, 2015 Via E -Mail:
David Dickey
Planning & Zoning Director
City of Cape Canaveral
7510 N. Atlantic Ave.
Cape Canaveral, FL 32920-0326
Re: Review #2 of RaceTrac Proposed Modifications
Dear David:
Attachment #3
D Dickey(ailcitvofcaoecanaveral.org
P.Huffman(@citvofcapecanaveral.org
In reviewing the February 27, 2015 submitted plat sheets for RaceTrac Petroleum, Inc. we
recommend City Council approval.
Sincerely,
John A. Pekar, P.E.
JAP:nnf