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HomeMy WebLinkAboutAgenda Packet 12-15-2015THE SPACE BETWEEN SUN + SEA CAPE CANAVERAL CITY COUNCIL MEETING AGENDA INSTRUCTIONS This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/ Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the City Council takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 minutes to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA December 15, 2015 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting,ministerial items(e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA: 6:15 p.m. 6:20 p.m. 1. Approve Minutes for Sine Die and Regular City Council Meeting of November 17, 2015. ITEM FOR ACTION: 6:20 p.m. 6:40 p.m. 2. Approve the Preliminary Plat for property located at 8899 Astronaut Boulevard—RaceTrac Petroleum, Inc. 3. Resolution 2015-21; supporting the conceptual joint roadway access program recommended by the Port Canaveral/City of Cape Canaveral Joint Task Committee; providing for repeal of prior, inconsistent resolutions, severability, and an effective date. 4. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities. REPORTS: 6:40 p.m. —6:45 p.m. ADJOURNMENT: City of Cape Canaveral, Florida City Council Meeting December 15, 2015 Page 2 of 2 Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221)48 hours in advance of the meeting. CITY COUNCIL SINE DIE AND REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM '-- 201 Polk Avenue,Cape Canaveral,Florida TUESDAY November 17, 2015 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:10 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tem Bob Hoog Council Member Buzz Petsos MayorRocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Angela Apperson Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Economic Development Director Todd Morley Leisure Services Director Gustavo Vergara Public Works Services Director Joyce Muse Public Warks Services Deputy Director Jeff Ratliff Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Mayor Randels explained the process of changing from one Council to another Council. PUBLIC PARTICIPATION: John Benton thanked Mayor Randels for his service to the City. He expressed frustration at the Code Enforcement process, which found him in violation of City Code for living in a warehouse. He spoke of the testimony by Kevin Mann, which was the basis for the violation. He indicated he never lived in the warehouse; however there are people who do and indicated he has pictures showing a man brushing his teeth in front of his unit. Ray Osborne spoke in favor of a proposed Constitutional Amendment known as Floridians for Solar Choice. He encouraged the City to add their endorsement. City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 2 of 7 PUBLIC HEARING: 1. Ordinance No. 11-2015; amending Sections 110-334, 110-352 and 110-381 of the City Code regarding Automotive Service Stations; permitting Automotive Service Stations in the M-1 zoning district; prohibiting Automotive Service Stations in the C-1 and C-2 zoning districts; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and noted changes made between first and second reading. City Manager Greene explained based on public comments, proposed modifications to the Ordinance include: changing the separation distance from 2000 feet to 2500 feet, which would prohibit any new stations in the City; allowing existing stations to expand up to 10 fueling stations and changing the list of food items permitted for sale at a station. Mayor Randels noted the first reading and the publication dates. The Public Hearing was opened. Bob Carney indicated he was not in favor of the Ordinance as it was approved on first reading,but could support the revisions because they do not allow any additional gas stations. Paul Oliver expressed support for the Ordinance as revised with the exception of the prohibition of parking a vehicle for more than four days. City Manager Greene explained the intent of the language is to prohibit parking of vehicles for 96 consecutive hours, not to prohibit employees from parking for four days of work. Tom Hermansen indicated understanding for the Ordinance purpose, but noted the changes at the Port will increase the demand for additional fueling stations.He indicated the way the Ordinance was previously written; allowed for only one additional station on a 1.5 acre parcel which has access to George King Boulevard, which would prevent the traffic from entering the City. He advocated this parcel be allowed to develop as a Fueling Station,to which City Manager Greene replied if/when the market is ready for an additional site, an Ordinance amendment could be considered. Discussion between Mayor Randels, City Manager Greene and Council Member Petsos included: the difference between the separation of 2,000 ft. vs 2,500 ft., which only affects one parcel; citizens' concerns were for additional stations on AlA; the proposed amendments consider the comments heard from individuals after first reading and it is premature to set that site aside as a fueling station. Shannon Roberts asked if RaceTrac could expand to the North, to which City Manager Greene replied in the affirmative and added the approval for improvements would require the addition of a"frontage road." Ms. Roberts felt expansion of RaceTrac would reduce green space and development of a station along George King would diminish the goal of a bike-able/walkable corridor.City Manager Greene explained the work to have additional north/south roads between the City and Port Canaveral. The Public Hearing was closed. Council Member comments included: reasons for not supporting an additional gas station in the City; appreciation/support for the proposed amendments;the prohibition of no additional stations on Al A and the desire for redevelopment to improve existing sites or see them change to another business; the need to look at what could happen on George King Boulevard as the Port continues to grow; the ability to amend the Ordinance in the future if the market shows the demand; the requirements of the Overlay District for additional landscaping; that a station along George King could keep trucks towing large boats off Al A; and the need to support the wishes of the Citizens. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, for approval of Ordinance No. 11-2015 as amended on the November 17th presentation. The City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 3 of 7 motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog,For; Council Member Petsos,For; Mayor Randels,For; and Council Member Walsh, For. Presentation of checks from Mr. Kevin Jones, representing Florida Department of Environmental Protection, awarding the City $100,000 for construction of Banana River Park Phases II and III: Mayor Randels requested approval to move this item up; no objection was heard. Mr. Kevin Jones explained the award of grant funds under the Florida Recreational Development Assistance Program and presented the check to the City. Mayor Randels, Mayor Pro Tern Hoog and City Manager Greene explained the proposed improvements. 2. Ordinance No. 12-2015; amending Section 110-381 of the City Code to allow Craft Distilleries in the C-2 Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Code, and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and noted there were no changes since first reading. Mayor Randels explained changes in Florida Law allow cities to amend zoning ordinances to allow for distilleries. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of Ordinance No. 12-2015. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 3. Ordinance No. 13-2015; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015; providing for the repeal of prior inconsistent ordinances and resolutions;providing for an effective date, second reading: Attorney Garganese read the Ordinance title into the record. Mayor Randels provided a summary of its purpose. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Mayor Pro Tem Hoog, for approval of Ordinance No. 13-2015, on second reading. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog,For;Council Member Petsos,For; Mayor Randels,For; and Council Member Walsh, For. ITEMS FOR ACTION: 4. Approve Minutes for Regular City Council Meeting of October 20, 2015: A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve the October 20th Minutes.The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh,For. 5. Presentation to outgoing Council Member Buzz Petsos: Mayor Randels presented Council Member Petsos with a Distinguished Service Award recognizing his 20 years of service to the City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 4 of 7 City. Council Member Petsos expressed pride for the items accomplished during his service. He congratulated all candidates for running a great campaign and encouraged them to run again. He thanked the Citizens for their support. Fire Chief Dave Sargeant presented a plaque of appreciation to Council Member Petsos for his support to Canaveral Fire Rescue over the past 20 years. ADJOURNMENT SINE DIE: There being no further business, the Meeting adjourned Sine Die at 7:17 P.M. CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CALL TO ORDER:The Chair called the Meeting to Order at 7:23 P.M.and welcomed the two new Council Members. ROLL CALL: Council Members Present: Council Member John Bond Council Member Mike Brown Council Member Bob Hoog Council Member Brendan McMillin Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Angela Apperson Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Economic Development Director Todd Morley Leisure Services Director Gustavo Vergara Public Works Services Director Joyce Muse Public Works Services Deputy Director Jeff Ratliff Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant OATHS OF OFFICE: City Attorney Garganese administered the Oaths of Office to Mayor Hoog and Council Members Brown and McMillin. 6. PRESENTATION TO OUTGOING MAYOR:Mayor Hoog presented the Key to the City plaque to former Mayor Randels for his 28 years of service. Mr. Randels relived a few historical events related to access to City Hall and thanked all for their support. Fire Chief Dave Sargeant presented a plaque of appreciation to former Mayor Randels for his support to Canaveral Fire City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 5 of 7 Rescue over the past 28 years. Mayor Hoog unveiled the portrait of Mayor Randels, which will hang in the Council Meeting Room. Council Members shared appreciation for each other and the accomplishments during their terms. SELECTION OF MAYOR PRO TEM: Mayor Hoog nominated Council Member John Bond as Mayor Pro Tem. Council Member Bond noted the past practice of rotating the position among the Council Members and indicated it may be Council Member Walsh's turn. Council Member Bond nominated Council Member Walsh as Mayor Pro Tem. Mayor Hoog withdrew his nomination of Council Member Bond and seconded the nomination of Council Member Walsh. No other nominations were made. The nomination of Council Member Walsh carried unanimously,after a roll call vote. PUBLIC PARTICIPATION: None. PRESENTATIONS/INTERVIEWS: Presentation of checks from Mr. Kevin Jones, representing Florida Department of Environmental Protection,awarding the City$100,000 for construction of Banana River Park Phases II and III: This item was taken up earlier in the meeting. CONSENT AGENDA: Mayor Hoog read each item into the record. No iter were removed. 7. Approve Task Order No. 6 in the amount of$156,700 to Tetra Tech, Inc. for providing Construction Engineering„and Inspection Services for the North Atlantic Avenue Streetscape Project and authorize the City Manager to execute same: 8. Approve the 2016 City Council Regular and Tentative Budget Meeting Schedule: A motion was made by Mayor Pro Tc in Walsh, seconded by Council Member Bond, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For;and Mayor Pro Tem Walsh, For. ITEMS FOR ACTION: 9. Appoint an Alternate Voting Delegate to the Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach and appoint Public Works Services Director Joyce Muse as Voting Delegate to the Technical Advisory Committee (TAC): Mayor Hoog explained the item. Mayor Hoog and Council Member McMillin expressed interest in serving. Discussion ensued. Mayor Pro Tem Walsh nominated Mayor Hoog as the Alternate Voting Delegate. Discussion continued, Mayor Pro Tern Walsh withdrew her nomination. City Manager Greene indicated supported for City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 6 of 7 the appointment of Council Member McMillin because of his background/skill set. Council Member Bond, seconded by Mayor Pro Tem Walsh, nominated Council Member McMillin as the Alternate Voting Delegate.The nomination carried unanimously,after a roll call vote. Motion by Mayor Hoog, seconded by Council Member Bond, for approval of Staff s recommendation to appoint Public Works Services Director Joyce Muse as the Voting Delegate to the Technical Advisory Committee.The Motion carried unanimously,after a roll call vote. REPORTS: Council Member Brown expressed appreciation to Citizens for the opportunity to serve the City. Council Member McMillin expressed appreciation to the community for their support/election to office and thanked his family for their support. He thanked the other candidates for their great efforts and hoped to count on them for their support in the future. Council Member Bond welcomed the new Council Members; noted his attendance at the Police Athletic League (PAL) Dinner; provided details of the program and what it does to help develop the youth in the community into future leaders. He asked for consensus to give them $1,000 dollars for things they might need.City Manager Greene suggested there be further discussion so everyone understands what commitments the City is currently making before additional commitments are made. Council Member Bond noted his participation in the Melbourne Regional Chamber of Commerce Veteran's Fishing Challenge, where School Board Member Andy Ziegler was the winner and a great time was had by all. He expressed appreciation for former Council Member Petsos' service to the City and congratulated Mayor Hoog. Mayor Pro Tem Walsh welcomed the new Council Members; thanked former Mayor Randels for his service to the City; his leadership and actions taken to make the City a better place. She indicated many people love the First Friday event and have questioned if there is a way to let people know which band is playing and what vendors will be in attendance. She also congratulated Mayor Hoog on his election and recognized former Council Member Petsos for his service to the City. Mayor Hoog congratulated the new Members and encouraged those who did not get elected to stay active. He expressed appreciation to individuals attending the farewell to former Mayor Randels. City Manager Greene expressed appreciation to all involved in the election.He congratulated those elected; thanked former Council Members Buzz Petsos and Shannon Roberts for bringing him to Cape Canaveral and hoped he lived up to their expectations. Mr. Greene indicated he and Staff Members look forward to working with new/existing Council Members and members of community to make Cape Canaveral the best of the best. City Attorney Garganese expressed congratulations to those elected to office and looked forward to working with them as they move the City forward. He recognized the contributions made by City of Cape Canaveral, Florida City Council Sine Die and Regular Meeting November 17, 2015 Page 7 of 7 former Mayor Randels and former Council Member Petsos for the betterment of the City and explained the recognition/respect achieved by them from agencies outside the City. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:56 P.M. Bob Hoog, Mayot Angela M. Apperson, MMC, City Clerk City of Cape Canaveral [city seal] City Council Agenda Form Meeting Date: 12/15/2015 Item No. 2. Subject: Approve the Preliminary Plat for property located at 8899 Astronaut Boulevard — RaceTrac Petroleum, Inc. Department: Community Development Summary: RaceTrac Petroleum, Inc. (Applicant) is requesting approval of a Preliminary Plat (Attachment 1) associated with redevelopment of the Cape Canaveral RaceTrac gas station located at 8899 Astronaut Boulevard (Attachment 2); the property is zoned C-1. As described in the Applicant's letter dated December 23, 2014 (Attachment 3), the overall project includes demolition of existing improvements and construction of a new 5,928 square foot convenience store. The proposed Preliminary Plat has been requested as the vacant parcel to the north will be added to the existing parcel to accommodate a larger retention area. Chapter 98, Article II 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 pre-application 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 proposed Preliminary Plat; 3 —City Council holds a public hearing and takes final action on the request. Consistent with Chapter 98-36 of the City Code, a pre-application conference was held with the City's Development Review Committee and RaceTrac representatives on January 7, 2015, to discuss the project and 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: ➢ Completed Application ➢ Preliminary Plat consistent with F.S. Chapter 177 (Attachment 4) ➢ Topographic Survey (spot elevations if less than 2% slope) ➢ Photos of tract ➢ Filing Fee ➢ Current Title Opinion Attached is a memo dated March 9, 2015 (Attachment 5) from John Pekar, P.E., the City Engineer, recommending approval of the proposed Preliminary Plat. The City Attorney's Office has also reviewed submitted materials for consistency with applicable rules/regulations. The platting process is divided into two steps, Preliminary and Final. Once the City Council approves the Preliminary Plat, prior to the issuance of a Certificate of Occupancy, a Final Plat application shall be submitted for review and approval. The Final Plat approval process is similar to the Preliminary Plat process in that the Planning & Zoning Board will make a recommendation to the City Council. The Planning & Zoning Board unanimously recommended approval of the Preliminary Plat at its meeting of October 28, 2015. City Council Meeting Date: 12/15/2015 Item No. 2 Page 2 of 2 A number of City approvals will be required prior to any redevelopment activity. These include: 1. Community Appearance Board Approval—this will include a review of the architectural and site plan design themes being proposed. This will be considered by this Board at a public hearing; 2. Amend the Special Exception—this will include a review of the existing Special Exception and any needed modifications to reflect proposed improvements. This will include public hearings before the Planning and Zoning Board and the Board of Adjustment; and 3. Site Plan Approval—this review will ensure that the City's site plan requirements are being met as well as access and stormwater standards. This will include a public hearing before the Planning and Zoning Board. 4. Final Plat Approval—this review will ensure that the plat meets all local and state requirements. This will include a public hearing before the Planning and Zoning Board and the City Council. It is important to note that the Preliminary Plat currently under consideration is only the first step towards the redevelopment of the property. As indicated above, City residents, advisory boards, and the City Council will have an opportunity for input at a number of public hearings. This process will also be an opportunity for the City to require desired improvements such as a possible frontage road, increased landscaping, etc. Submitting Director: David Dickey Date: 12/04/15 Attachments: 1 —Preliminary Plat Application 2—Location Map 3 —Bowman Consulting Letter/December 23, 2014 4—Preliminary Plat 5 —John Pekar, P.E. Letter/March 9, 2015 Financial Impact: Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/4/15 The City Manager recommends that City Council ke the following action: Approve the Preliminary Plat. Approved by City Manager: David L. Greene Date: 12/4/15 Attachment 1 City of Cape Canaveral PRELIMINARY AND FINAL PLAT lnformation Sheet Date of Submittal: 02/27/2015 Project name: Cape Canaveral RaceTrac Project address(If not available, provide general Iocation) 8899 Astronaut Blvd.. Cape Canaveral, FL 32920 Legal description:attach legal Please refer to the attached Legal Description. FLU end Zoning designations:Low Density Commercial District-C-1 Owner(s)name; RaceTrac Petroleum Inc. Owner(s)address: 3225 Cumberland Blvd., Suite 100 Atlanta, Georgia 30339 Phone number(s): 770-431-7600 Email(s): vsutapaha@racetrac.com If applicant Is not owner,a completed Power o1 Attorney form Is required. Applicant name: Brian Thorton Applicant Address: 3225 Cumberland Blvd. , Suite 100, Atlanta, GA 30339 App. phone number(s): 770-431-7600 App. email(s):bthorton@racetrac.com Signature(owner or applicant): [signature] 03/02/2015 11:26 [illegible] Total $450.00 Cash Amount $0.00 ..,) •®9 CDD-Prelim. & Final Plat App. 04/2010 [illegible] 0.00 Ch #[illegible] Amount $450.00 City of Cape Canaveral Preliminary and Final Plat Application Fee Sheet&Payment Receipt Date: 02/27/2015 Project Name: Cape Canaveral RaceTrac Application Submittal Fee: RESIDENTIAL Total # of Units: 1, 2 or 3 units = $37.50.....................................................................$ 4 units = $50.00.................................................................................$ More than 4 units: add $7.50 per unit,( not to exdeed $500) # of units over 4 X $7.50...........................................=$ Total Residential: =$ COMMERCIAL $150 per acre or portion thereof. 3.0 acres X $150 per acre:............................................................ =$ 450.00 Total Application Fee: =$ 450.00 T:schapman/applications:platfeeshost&paymentreceipt/062810 CAPE CANAVERAL RACETRAC PLAT: LEGAL DESCRIPTION: 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 36°44'29"EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 819.52 FEET TO A POINT LYING 435.50 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 UNE,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 UNE,SOUTH 53°15'31"WEST,ALONG THE NORTH LINE OF SAID LANDS,A DISTANCE OF 330.00 FEET;THENCE NORTH 36044'29"WEST,A DISTANCE OF 299.60 FEET;THENCE NORTH 53°15'31"EAST,A DISTANCE OF 117.00 FEET;THENCE NORTH 360 44'29"WEST,A DISTANCE OF 136.00 FEET;THENCE NORTH 53°15'31"EAST,A DISTANCE OF 213.04 FEET TO THE POINT OF BEGINNING. File No.: FT16-16-14-000040(Revised 2.21.15) Commitment No.: 16-14-000040 [logo] 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 title 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 B 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 affixed by Its duly authorized officers on the Effective Date shown in Schedule A. Countersigned: Fidelity National Title Insurance Company By President [seal] FIDELITY NATIONAL TITLE OF FLORIDA,INC. Attest Secretary FNFL0602.rdw ALTA Commitment(6/17/06)(with Florida Modifications) - Cover File No.: FT16-18-14.000040(Revised 2.21.15) Commitment No.: 18-14.000040 CONDITIONS 1. The term mortgage,when used herein,shall Include deed 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 fell to disclose such knowledge to the Company in writing, the Company shell be relieved from liability for any lass 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 dakn between the Company and the Insured arising out of or relating to thin 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 attorneys'fees only If the laws of the state h 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 Commitment (6/17/06)(with Florida Modifications) - Conditions [logo] Fidelity National Mk Insurance Company 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. Tide 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) 5. The land referred to in this Commitment is described in Exhibit"A"attached hereto and made part hereof. Countersign By: Authorized Officer or Agent Copyright American Land Title Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 1 of 8 Order Number: 4730420 Customer Reference: 16-14-000040 [logo] Fidelity National Title Insurance Company (Revised 2.21.15) 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; (ill)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 fadlltfes. Copyright American Land Title Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 2 of 8 Order Number: 4730420 [logo] Fidelity National Title Insurance Company Custom Reference: 16 14-000040 Company (Revised 2.21.15) 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 AlA 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 Offidal Records Book 3949, Page 1136. NOTE: Paragraph 1 of said Declaration of Restrictive Covenants contains restricions 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 Dedarant 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"B"of said Warranty Deed contains restrictions imposed by A1A 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 AlA 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 Us Pendens filed 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 Us Pendens recorded in Offidal 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 Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 3 of 8 Order Number: 4730420 Customer Reference: 16-14-000040 [logo] Fidelity National Title Insurance Company (Revised 2.21.15) 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 notification 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 Copyright American Land Title Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 4 of 8 Order No.:4730420 Customer Reference: 16-14-000040 [logo] Fidelity National Title Insurance Company (Revised 2.21.1 4) 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. Intentlonalhr 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 post 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) Copyright American Land Title Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 5 of 8 Order No.:4730420 Customer Reference: 16-14-000040 [logo] Fidelity National Title Insurance Company (Revised 2.21.10 SCHEDULE B SECTION II EXCEPTIONS 12.Water Une&Ingress/Egress Easement Agreement In favor of the City of Cocoa recorded in Official Records Book 5566, Page 4497,which was re-recorded In Official 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&Ught 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 Off dal 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 A1A Outparcel Group, L.LP.,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 A1A 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 AlA Acquisition Group,LTD.,LLP.,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 AlA Acquisition Group,LTD.,LLP., 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 A1A Acquisition Group, LTD., LL.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 Land Title Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 6 of 8 Order No.:4730420 Customer Reference: 16-14-000040 [logo] Fidelity National Title Insurance Company (!Revised 2,21.15) SCHEDULE B 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(les)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); (1I)no Improvements have been made to the Land within 90 days prior to closing which have not have been paid for In full; and(1{t)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:Ali recording references In this commItment/policy 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 Association. All rights reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 7 of 8 Order No.:4730420 Customer Reference: 16-14-000040 [logo] Fidelity National Title Insurance Company (Revised 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 3604429'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 36°44'29" 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 AlA Acquisition Group, Ltd., LLP., LAM 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.,LLP.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 AlA Acquisition Group,Ltd., LLP.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[ago 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 reserved. The used of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. [logo] All other users are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (6/17/06) (with FL modifications) 8 of 8 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing deal estate- and loan-related services (collectively. "FNP", "our" or "we") respect and are committed so protecting your privacy. This Privacy Notice lets you know how and for what purposes you: Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge tint we will take reasonable steps to enure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal lnformation collected and/or owned by PNP, including collection through any FNF website and any online features, services andror 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 entity other than FNF. How Information Is Collected The types of personal information FNF collects may Include, among other things (collectively. "Personal Information"): (1) contact information (eg, name, address, phone number, email address); (2) demographic information (e g, date of birth, gender marital status); (3) Internet protocol (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) financial account information; and (6) information related to offenses or criminal convictions. In the course of aur business. we may collect Personal Information about you from the following sources: • Appliations or other forms we receive from you or your authorized representative • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by govenmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain intonation about each visitor. This information may Include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other Child parties may send a "cookie" to your composer. A cookie is a small pies of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. 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We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party 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 the ways described below. Atter you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative Industry opt-out at http://www.networkadvertising.org/. • You an opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you an opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com. • You can configums your Web Browser (Chrome, Firefox, Internet Explorer. Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your coolies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining wrvioss on your behalf or in connection with a transaction involving You. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Privacy Notice Effective: January 6, 2015 FNFL0043.rdw When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from coosmner or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide service or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, Judgment creditors, or other parties claiming an encumberance or an interest in title whose claim or interest must be determined, 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 information when required by law 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, documents, images, graphics, logos, designs, audio, video and any other Intiormetioo provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal information to our subsidaries, affiliated companies, and other businesses or persona for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to we other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, 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 - Personal information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others . We reserve the right to bawler your Personal information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, 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 transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not elect Pe sorul Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either mase then 18 years of age, or an emancipated minor, or posess legal parental or guardian consent, 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 are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notices will govern our use of Personal Information, but also that information that is voluntarily given by children — or others — in email exchange bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to Instruct their children in the safe sad responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website way contain various links to other websites; including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or time content of any of those other websies. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose service either we use or you volantarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal information with those other third parties. Please check with those website in order to determine their privacy policies and your right under them. European Union Users If you are a citizen of the European Union, please note that we may transfer 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 consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Chokes With Your Personal Information Whether you submit Personal Informedon to FNF is entirely up 10 you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. 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If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888)934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 6, 2015 Privacy Notice Effective: January 6, 2015 FNFL0043.rdw REAL ESTATE PURCHASE CONTRACT THIS REAL ESTATE PURCHASE CONTRACT(this"Contract")is made this 27 day of Febuary 2014(the "Contract Date" by and between DEL LAGO VENTURES, INC., a Georgia corporation ("Purchaser") and BURGER KING CORPORATION,a Florida Corporalon ("Seller"). In consideration for the mutual covenants herein contained, for Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Purchaser and Seller hereby agree as follows: 1. CONTRACT PROPERTY. Purchaser agrees to buy and Seller agrees to sell, for the consideration and upon the terms set forth herein, the real property located In the State of Florida County of Brevard, and further described in Exhibit A attatched hereto, together with all Improvements and fixtures now located thereon and all [illegible], rights, privleges, and easements benefiting or pertaining thereto (collectively, the "Contract Property"). Seller also agrees to convey to Purchaser all of Sellers right, title and interest in and to any existing or proposed streets, roadways, alleys, sidewalks and/or rights-of-way adjacent to the Contract Property. The Contract Property is adjacent to, and to the southeast of, BURGER KING Restaurant number 16558, located at 8939 Astronaut Blvd.,Cape Canaveral, Florida. 2 PURCHASE PRICE. The purchase price for the Contact Properly shall [illegible] The "Purchase "Price"), payabIe by cash or certified waled funds at Closing (outlined below). 3. EARNEST MONEY. Purchaser shall deliver to the Title Company(defined below)Three Thousand Four Hundred and no/100ths Dollars($3,400.00)as Earnest Money (the "Earnest Money") within ten (10) business days after the Contract Date. At the time the sale is consummated, the Earnest Money shall other be: (i) applied as part payment of the Purchase Price, or (ii) refunded to Purchaser, In which use Purchaser shall pay the entire Purchase Price (less any adjustments as provided herein) at Closing. Purchaser shall have the exclusive right to choose option (I) or (II), In Purchaser's sole discretion. Any interest earned on the investment of the Earnest Money by the Title Company shall be paid to Puchaser. If the sale is not consummated due to Purchaser's default, Seller shall receive the Earnest Money as full liquidated damages and Purchaser shall be relieved from akk further liability and obligations hereunder. If the sale is not consummated for any other reason, then the Earnest Money shall be immediately returned to Purchaser upon written request less one dollar($1.00), which shall be paid to Seller as present, good and valuable consideration for the rights granted Purchaser pursuant to Paragraph 5. 4. CLOSING.The closing of the sale of the Contract Property shall be held at time and place mutually acceptable to Purchaser and Seller within ten (10) business days following the expiration of the Feasibility Period as set forth in Paragraph 5 below (the "Closing"). At Closing, Seller shall convey title by Special Warranty Deed In form reasonably acceptable to Purchaser, and the Contract Property shall be subject to all taxes not yet due and payable, the "Permitted Exceptions" (as hereinafter noted), and all local, state, and federal laws, ordinances, and governmental regulations, Including, but not limited to, building and zoning laws, ordinances, and regulations, now or hereafter in effect. 6. FEASIBILITY PERIOD. Purchaser shall have a period of one hundred twenty (120) days after the Contract Date (the "Feasibilty Period") to complete an investigation or the Contract Property (and any related easements) to determine the suitability thereof. Purchaser is hereby authorized to enter upon such property after the acceptance of this Contract for the purpose of making such surveys, examinations and tests, Including (but not limited to) environmental tests, investigation of wetlands, title, zoning and all other matters Incidental to the condition, ownership or use of such property, each as Purchaser may determine to be necessary or desirable (collectively, the "Tests"). Notwithstanding the foregoing, except for certain geoelectrical work to be performed pursuant to the Scope of Work attatched hereto as Exhibit "C", Purchaser shall not drill any holes in the soil or any Improvement located on the Contract Property without Seller's prior written consent. Seller shall cooperate with Purchaser so as to allow Purchaser to fully and properly conduct the Tests. Purchaser shall have the absolute right to terminate this Contract for any reason whatsoever, Including but not Iimited to condition of title, at any time prior to the end of to Feasibility Period by delivering written notice to Seller, in which event Seller shall immediately return all Earnest Money to Purchaser. Purchaser shall idemnify and hold Seller harmless from and against any damage to the Contract Property or any claims or liens against Seller and/or the Contract Property caused by or arising from the Tests or Purchaser's inspection of the Contract Property as provided in this Paragraph 6. Such idemnification shall not apply to the extent of any negligence by Seller. Purchaser shall not disclose, give, or transmit in any manner or form to any person or entity other than the Purchaser and Seller, and their respective attorneys, contractors and consultants, any Information relating to the Contract Property discovered or revealed by the Tests, or any Investigation or Inspection of to Contract Property performed by, at the direction of, or on behalf of Purchaser, except as may be required by law. The provisions of this paragraph 6 shall survive Closing or termination of this Contract. 6. TITLE AND SURVEY. A. During the Feasibility Period, Purchaser shall obtain, at Purchaser's expense, a complete current certified survey of the Contract Property and any related easements (the "Survey"). In a form acceptable to Purchaser, which shall contain a legal description of the Contract Property, which description shall be used in the conveyance document(s). B. During the Feasbility Period, Purchaser shall obtain a title insurance commitment (the "Commitment"), in a form acceptable to Purchaser and Seller, issued by a title insurance company acceptable to Purchaser (the "Title Company"), in which the Title Company commits that, upon delivery and recording of the deed provided for herein, the Title Company will issue, at the the Title Company's usual rates, a policy of owner's title insurance Insuring Purchaser in the total amount of the Purchase Price against loss on account of any defect or encumbrance in the title to or reflected in the survey of the Contract Property and any related assessments. Purchaser shall pay all costs of title Insurance and Seller shall pay all documentary stamps on the deed and all transfer and conveyance taxes and fees. Seller shall provide to Purchaser, within ten (10) business days of to Contract Date, a copy of any title insurance pricy or survey for the Contract Property Seller's possession. C. Purchaser may examine the title to and survey of the Contract Property and any related easements and may notify Seller prior to expiration of the Feasibility Period of any title or survey matter which, in Purchaser's sole opinion, is objectionable or has an adverse effect on the Contract Property or any related easements (hereinafter referred to as an "Objection"). Additionally, at any time prior to Closing, Purchaser shall have the right to notify Seller of any Objection appearing on any subsequent or updated survey or title commitment, in which event any such objections will be handled in the same manner as an Objection set forth in this Paragraph 6. [largely-illegible footer] 1 Signed, sealed and delivered as to PURCHASER Purchaser, in the presence of: [signature] DEL LAGO VENTURES, INC., a Georgia Corporation Witness By: [signature] Printed Name: Trey Spivey Name: Bill Milam Title: C.O.O. [signature] [CORPORATE SEAL] Witness Printed Name: Douglas McRoe [illegible] this 17 day of Feburary, 2014 STATE OF GEORGIA COUNTY OF Fulton I, the undersigned, a Notary Public In and for said County In said State, hereby certify that Bill Milam, [illegible] C.O.O. of DEL LAGO VENTURES, INC., a Georgia corporation, whose name is signed to the foregoing Instrument, and who is known to me, acknowledged before me on this day, that being informed of the contents of the foregoing instrument (s)he [illegible] the same voluntarily on the day the same bears date. Given under my hand and [ilelgible] this 17th day of February 2014. [notary public seal] [signature] Notary Public My Commision Expires: March 7, 2017 [NOTARIAL SEAL] Signed, sealed and delivered as SELLER: to Seller, In the presence of: BURGER KING CORPORATION Witness [signature] By: [signature] Printed Name: [illegible] Name: Daniel A. [illegible] [signature] Witness Printed Name: [illegible] [illegible] this 27 day of February, 2014 STATE OF FLORIDA COUNTY OF MIAMI-DADE I, the undersigned, a Notary Public In and for said County In said State, hereby certify that Daniel A. [illegible] [illegible] whose name is signed to the foregoing Instrument, and who is known to me, acknowledged before me on that day, that being informed of the contents of the foregoing Instrument (s)he [illegible] the same voluntarily on the day the same bears date. Given under my hand and [illegible] this 27th day of February 2014. Daryl Culp Notary Public My Commision Expires: [NOTARIAL SEAL] [notary public seal] [illegible] [illegible] Support Center | 3225 Cumberland Blvd., Suite 180, Altanta GA 30339 | [illegible].com | 770.631.7600 EXHIBIT A Legal Description of Contract Property Seller: Burger King Corporation Purchaser: Del Lago Ventures, Inc. Contract Property Location: Astronaut Blvd, Cape Canaveral The Contract Property, as outlined below in red and made a part hereof, being located In County, and being a portion of Parcel ID No. 24-37-15-00-00037.0-0000.00 and Is more particularly described as follows: COMMENDING at a point located as western right-of-way boundary line of Central Blvd and the southern right-of-way boundary line of A1A, said point being the POINT OF COMMENCEMENT; thence proceed along the southern right-of-way boundary line of A1A a distance of +/- 780 feet to a point located at the southeast corner of Parcel ID No. 24-37-15-00- 00037.0-0000.00, said point being the POINT OF BEGINNING; thence continue along said right-of-way boundary line a distance of +/- 136 feet to a point; thence turn left and leaving said right-of-way boundary line, proceed in a southwesterly direction a distance of +/- 213 feet to a point; thence turne left and proceed in a southeasterly direction a distance of +/- 135 feet to a point; thence turn left and proceed In a northeasterly direction a distance of +/- 213 feet to a point, said point being the POINT OF BEGINNING, all as subject to a current and accurate survey. [map] INITIAL HERE [illegible] [illegible] Support Center | 3225 Cumberland Blvd., Suite 180, Altanta GA 30339 | [illegible].com | 770.631.7600 [initials] [logo] Fidelity National Title Insurance Company Fidelity National Title of Florida,Inc. 7201 W.Sand Lake 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 certly 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 desalbed 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 Sedton 70080-2202;thence South 36°44'29"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 Poke-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 53015'31'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 e 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 36°4429"East along said Westerly right-of-way line,a distance of 819.52 feat 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 Ownership and Encumbrance 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 Pertroieum,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 Encumbrance Report Page 2 of 3 Order No.:5138529 Customer Reference: 16-15-0029 or encumbrances.This Report Is not to be construed as an opinion,warranty,or guarantee of title,oras 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 [illegible] Ownership end Encumbrance Report Page 3 of 3 Attachment 2 [aerial image] Bowman CONSULTING Attachment 3 December 23,2014 Ms.Patsy Huffman 110 Polk Ave. Cape Canaveral,FL 32920 Re:Cape Canaveral RaceTrac 8699 Astronaut Boulevard Cape Canaveral,FL. 32920 RaceTrac Petroleum Inc.respectfully requests a meeting with the Development Review Committee on January 7th.Included with this letter is a preliminary site plan depicting proposed improvements to the site and a Survey showing the existing conditions.Racetrac Petroleum would like to discuss the process required to perform the following improvements to the Site: • Acquire the neighboring vacant property to the north of the existing site(Parcel 1 on the existing Survey)and combine it with the existing RaceTrec property. • Demolish the existing 3000 square foot Convenience Store,associated parking,Canopy, and Mufti Product Dispensers. • Construct a new 5,928 square foot Convenience Store. • Reconfigure the parking and entrance drives as shown on the preliminary site plan. • Install 6 additional fueling positions(3 additional Multi Product Dispensers). • Reconfigure the on-site drainage as shown on the preliminary site plan. If you have any questions or concerns please do not hesitate to call me in our Melbourne office at 321-270-8992. Nfim Dailey Project Engineer Bowman Consulting Group [construction plans] [logo] JOHN A.PEKAR,P.E.,LLC Civil Engineering/Consuling 102 Columbia Drive Attachment 5 Suite 207 Cape Canaveral,FL 32920 Office Phone:321-613-2959 Cell Phone: 321-288-1040 johnpekarpe@gmad.com RooiFlowe roaifowe@gmail.com Office Manager Cell Phone: 321-403-9899 March 9,2015 Via E-Mail: D.DickeyAcityofcapecanaveral.org P.Huffman@cityofcapecanaveral.org 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: 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:rmf City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 12/15/2015 Item No. 3 Subject: Resolution 2015-21; supporting the conceptual joint roadway access program recommended by the Port Canaveral/City of Cape Canaveral Joint Task Committee; providing for repeal of prior, inconsistent resolutions, severability, and an effective date. Department: Economic Development Summary: Creating additional connector roads between the Port and the City has been a part of the community conversation for some years. To this end, a Joint Task Committee comprised of City and Port Staff was assembled for purposes of studying, evaluating and developing potential ways to improve joint access and to provide conceptual findings and recommendations that may lead to the future design, permitting and construction of one or more joint access projects. Joint access will mutually benefit Port Canaveral and the City of Cape Canaveral in a number of ways; benefits to the City and the Port: • Supports the general transportation and utility needs into and through the City and Port, as well as current and future operations of the Port including cargo and cruise operations. • Improves public safety by enhancing roadways with additional north-south and east-west ingress and egress points and utility infrastructure. • Establishment of new road right-of-ways creates routes to expand the City's utility infrastructure to properties underserved. • Maximizes economic development opportunities within the City, particularly within the City's Community Redevelopment Area and Economic Opportunity Overlay District. • Adds off-highway internal frontage which increases access and adds value for property owners. • Promotes redevelopment of property located in the vicinity of any future joint access project. • Creates safe,walkable and bikeable access to parcels previously inaccessible from AlA. • Establishes a future phasing concept which will extend further east, creating additional frontage and value as well as development/redevelopment opportunities for the future. The phases are conceptual and are described in the Joint Task Committee's Conceptual Joint Roadway Access Program (Attachment 1). Phase #1: This 33+ acre area represents a large portion of the City's 7% of undeveloped property. Utility services such as sewer and water are now available to serve this area as a result of successes related to the recently completed regional lift station#6. The Port owns a 13+ acre parcel in this area and has an interest in providing additional throughput capacity/infrastructure for cruise/cargo traffic. The City has an interest in seeing this area develop with a mix of uses that support the Economic Opportunity Overlay District (EOOD), thereby creating additional value in this area of the CRA. Canaveral Fire Rescue and Brevard County Sheriff's Department support the road network concept. In Phase #1, all property owners have been contacted. All are in favor except for one. This centrally located parcel would be ideal for connectivity,but the property owner is opposed to granting easements for any purpose on his property. A design can nonetheless be developed that is not reliant on this parcel. The actual design will be opportunity- based, rationally relatable to property lines and cross-alignments and will need to be dedicated City right-of-way with accompanying/appropriate utilities and quality amenities. City Council Meeting Date: 12/15/2015 Item No. .. Page 2 of 2 Phase#2 and Phase#3: These concepts are shown to demonstrate future possibilities. Property owners have not been contacted and are not bound to any legal obligation as a result of the passage of this Resolution No. 2015-21 (Attachment 2). Recognizing that development needs will dictate the actual layout, the goal of Phases 2 & 3 is to provide conceptual road layouts/routes/designs/phases which set the table for the infrastructural/connectivity and quality-driven development/redevelopment needs of the City for future generations. As with Phase #1, any/all such future roads will be opportunity-based, rationally relatable to property lines and alignments and will need to be dedicated City right-of-way, with appropriate utilities and quality amenities. The Port Commission will discuss the first phase of the project at its December 16`h meeting. Assuming the Commission supports the concept, a supporting Port Commission Resolution is targeted for the Port's January agenda. The Joint Task Committee recommends that City Council approve Resolution 2015-21. Submitting Department Director: Todd Morley Date: 12/7/15 Attachments: Joint Task Committee's Conceptual Joint Roadway Access Program (Attachment 1); Resolution 2015-21 (Attachment 2) Financial Impact: To be determined; Staff time to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/7/15 The City Manager recommends that City Council take the following action: Approve Resolution 2015-21. Approved by City Manager: David L. Greene Date: 12/7/15 Attachment i Port Canaveral City of Cape Canaveral Conceptual Joint Roadway Access Program DRAFT November 12, 2015 [both city seals] [project location slide] [footer] PROGRAM BENEFITS Port Canaveral Improve Commerce Improve Port Functions Improve Safety, Police, Fire Tourist Access to Cove [footer] PROGRAM BENEFITS City of Cape Canaveral Increase Value of City's Tax Base Within Economic Opportunity Overlay District and CRA District Improve Tourist and Commerce within City Provide Nothern City Master Plan Base Provide Utility Corridors [footer] PROGRAM BENEFITS PROPERTY OWNERS Economic Benefits to Land Utility Access Access to Properties Team Partner in Area Growth [footer] [map slide] Possible Future Phases [map] Design Criteria Road Widths Minimum 24 foot curb and gutter Possible turn outs for bus pick up [picture] Lane additions for intersection turning Potential for two (2) major detention basins at northeast and east side of study area. Closed drainage system. 10' pedways, minimum 5' sidewalks. Streetscaping similar to Ridgewood Ave., but keeping commercial road concepts. [fopter] Utilities (water/sewer) along with other systems such as reuse water, electric, gas, cable, etc., to be considered . Commercial pavement structural sections. Detention basins to have .. environmental designs with maintenance access, possible pedways, islands, etc. Possible roadside art. [picture] Road systems to be phased program . Financing to consider grants/partnerships. Port Canaveral / City of Cape Canaveral DRAFT November 12, 2015 Conceptual Joint Roadway Access Program Public involvement to be part . of design input. Road and related systems to tie-in and coordinate with Port and City. Possible inclusion of new traffic light. Possible speed limit change. Landscaping to be important design element. [picture] Maintenance of system to be through inter-local agreement between Port and City. Port Canaveral / City of Cape Canaveral DRAFT November 12, 2015 Conceptual Joint Roadway Access Program ACTION STEPS Obtain Conceptual Approval of Program by: Port Canaveral Commission City of Cape Canaveral Council Prepare Resolutions for Approval of Program Begin Preliminary Studies Continue R/W Discussions Begin Preliminary Designs [footer] Attachment 2 RESOLUTION 2015-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE CONCEPTUAL JOINT ROADWAY ACCESS PROGRAM RECOMMENDED BY THE PORT CANAVERAL/CITY OF CAPE CANAVERAL JOINT TASK COMMITTEE; PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, Port Canaveral ("Port") and the City of Cape Canaveral will mutually benefit from improved joint access between real property located within the jurisdictional limits of the Port and the City of Cape Canaveral related to transportation and utility needs; and WHEREAS, the City of Cape Canaveral desires to jointly work with the Port to improve such joint access; and WHEREAS, in furtherance of seeking ways to improve joint access between the Port and the City, a joint task force, comprised of City and Port Staff, was assembled for purposes of evaluating potential ways to improve joint access and to provide conceptual findings and recommendations that may lead to the future design, permitting and construction of one or more joint access projects; and WHEREAS, the City recognizes that the Port desires to improve joint access to support current and future operations of the Port including cargo and cruise operations; and WHEREAS, the City further recognizes that improving joint access between the City and the Port will maximize economic development opportunities within the City, particularly within the City's Community Redevelopment Area and Economic Opportunity Overlay District; promote the redevelopment of real property located in the vicinity of any future joint access project; and improve public safety by enhancing roadways and utility infrastructure; and WHEREAS, the City Council finds this Resolution is in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Joint Task Force Conceptual Joint Roadway Access Program. The City Council of the City of Cape Canaveral hereby supports Joint Task Force's Conceptual Joint Roadway Access Program, dated November 12, 2015, and hereby supports working in cooperation with Port Canaveral to pursue future opportunities to improve joint access between the Port and the City. Final approval of any joint access project within the jurisdictional limits of the City shall be subject to the approval of the City Council and/or City Manager in accordance with law. City of Cape Canaveral Resolution No. 2015-21 Page 1 of 2 Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Severability. If any section, clause, phrase, word, or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Distribution to the Port. Upon approval of this Resolution by the City Council, the City Clerk's office shall deliver a copy of this Resolution to the Chief Executive Officer of Port Canaveral for distribution to each of the Port Commissioners. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of December, 2015. Bob Hoog, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2015-21 Page 2 of 2 , ` ` '4, City of Cape Canaveral 4uT City Council Agenda Form City Council Meeting Date: 12/15/2015 Item No. lr° Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities. Department: Administrative Services Summary: Every December,the governing body of each member municipality must appoint a Voting Delegate/Director and an Alternate to the League. Only the member municipality's elected officials, city manager, city attorney, city clerk and department directors are eligible to be a Voting Delegate/Director and an Alternate.The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and as its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. Council Member Bond is the current Voting Delegate/Director and former Council Member Petsos is the Alternate. Submitting Department Director: Angela Apperson Date: 12/2/15 Attachment: 2016 Appointment of League Voting Delegate/Director Form. Financial Impact: Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 12/2/15 The City Manager recommends that City Council take the following actions: Designate a Voting Delegate/Director and an Alternate. Approved by City Manager: David L. Greene Date: 12/3/15 SPACE COAST LEAGUE OF CITIES, INC. A Florida Not-for Profit Corporation [logo] CAPE CANAVERAL INDIALANTIC MELBOURNE BEACH ROCKLEDGE COCOA INDIAN HARBOUR BEACH MELBOURNE VILLAGE SATELLITE BEACH COCOA BEACH MALABAR PALM BAY TITUSVILLE GRANT-VALKARIA MELBOURNE PALM SHORES WEST MELBOURNE "CITIES OF BREVARD WORKING TOGETHER" 2016 Appointment of League Voting Delegate/Director The Bylaws of the Space Coast League of Cities require the following: • Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Alternate to the League. Eligibility: Only the member municipality's elected officials, manager, attorney, clerk, and department heads are eligible to be a Voting Delegate/Director and Alternate. Any Voting Delegate/Director or Alternate who ceases to hold such a position ceases at the same time to be a Voting Delegate/Director or Alternate. Functions: The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and its representative to the Board of Directors. The Voting Delegate and the Director is the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. • Following the appointment,the names of the Voting Delegate/Director and the Alternate must be promptly certified in writing to the League Secretary. • Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also certify its current population figures when it certifies its Voting Delegation/Director and Alternate. Accordingly,please provide and certify the information requested below and return this form promptly to the League Executive Secretary at the email address: execsec(u,scloc.org. Municipality: Click here to enter text. Current Population: Click here to enter text. Voting Delegate/Director: Click here to enter text. Email address: Click here to enter text. Telephone Number: Click here to enter text. Alternate Voting Delegate/Director: Click here to enter text. Email address: Click here to enter text. Telephone Number: Click here to enter text. I hereby certify that the above named persons were duly appointed by our governing body and the foregoing information is correct: Municipality Clerk's signature: Click here to enter text. Date: Click here to enter text. Space Coast League of Cities- 1600 Huntington Lane-Rockledge, FL. 32955-Phone(321)421-7171 Email:execsec@scloc.org