HomeMy WebLinkAboutPort Canaveral.Development.AgreementThis Document Prepared By:
Glenn D. Storch, Esquire
GLENN D. STORCH, P.A.
420 South Nova Road
Daytona Beach, FL 32114
CANAVERALPORTAUTHORITY
DEVELOPMENT AGREEMENT
TIDS DEVELOPMENT AGREEMENT (the "Development Agreement") is made this
__ day of 2017, by and between the CANAVERAL PORT AUTHORITY,
a body politic and corporate existing under and by virtue of the laws of the State of Florida, whose
mailing address is 445 Challenger Road, Suite 301, Cape Canaveral, Florida 32920 (the "Port
Authority"), and DANIEL CORPORATION OF WINTER PARK, INC., a Florid corporation,
100 East Faith Terrance, Maitland, Florida 32751, authorized to do business in the State of Florida
(the "Developer").
RECITALS
WHEREAS, the Port Authority is the owner of certain property in Brevard County, Florida
within the City of Cape Canaveral, also known as Port Canaveral, more particularly described in
Exhibit "A" attached hereto (the "Port Authority's Property"); and
WHEREAS, the Developer is the contract purchase for certain property in Brevard
County, Florida, within the City of Cape Canaveral described in Exhibit "B" attached hereto for
the development of a Holiday Inn Hotel (the "Holiday Inn's Property"); and
WHEREAS, the Developer requires water and wastewater service, and the dedicated
access for the development of the Holiday Inn Property and the Port Authority is willing to allow
the utilization of Port Authority's Property right-of-way and a utility easement for same in the
manner described below and subject to the terms and conditions described herein; and
WHEREAS, the Developer represents that it expects to develop the Holiday Inn Property
as depicted on the conceptual site plan as Exhibit "C" attached thereto (the "Conceptual Site
Plan"); and
NOW, THEREFORE, for and in consideration of the Recitals hereof and the mutual
understanding and Agreement herein contained and assumed, and other good and valuable
considerations received by each party from the other, the receipt and sufficiency of which are
hereby acknowledged, the Parties do hereby agree as follows:
1. Development Plan.
a. The Port Authority authorizes the Developer to utilize the Port Authority
Property for construction of the utility and road improvements depicted on
the Conceptual Site Plan. Notwithstanding the foregoing, the scope of said
improvements on the Port Authority Property and the manner of
construction for same shall be limited as described in Exhibit "D" attached
hereto (the "Port Authority Limitations").
b. The sewer easement depicted on the Conceptual Site Plan shall be required
to be dedicated to the City of Cocoa.
c. Notwithstanding anything herein to the contrary, all requirements and
restrictions of this Development Agreement shall be incorporated into any
future development agreement for the Holiday Inn Property.
2. Interpretation. The Port Authority Limitations shall gQvern in case of conflict
between the textual provision of this Development Agreement and the Conceptual
Site Plan.
3. Conformance with Regulations and Permitting. This Development Agreement shall
be contingent on the Developer complying with all State and local government
regulations and permitting requirements, including providing any appropriate
performance and maintenance guarantees.
4. Costs. All costs of permitting and construction shall not be borne by the Port
Authority unless the Port Authority specifically agrees in writing to assume such
cost.
5. Effective Date and Expiration. This Development Agreement shall be effective
upon execution by both Parties and shall remain in effect until otherwise terminated
by mutual agreement of both Parties in writing. The restrictions on use and
development imposed by this Development Agreement shall be binding upon all
successor in interest, unless this Development Agreement expires consistent with
its terms. The term "development" shall mean that the Developer, his successor or
assigns, shall actively be in pursuit of installation of improvements, permits for
installation of improvements or installation of improvements depicted on the
Conceptual Site Plan.
6. Amendments. Any amendments or modifications to this Development Agreement
shall not be effective unless in writing and signed by both Parties, or their respective
successors or assigns, as the case may be.
7. Severability. If any provision of this Development Agreement is held by a court of
competent jurisdiction to be invalid or otherwise unenforceable, such holding shall
not affect the validity or enforceability of any other provision of this Development
Agreement unless the holding so states.
8. Complete Agreement. This Development Agreement represents the complete
understanding by and between the Parties with respect to the use and development
of the Port Authority's Property. Any and all prior agreements between the parties
with respect to any subject comprehended by this Agreement is hereby voided and
superseded by this Development Agreement.
IN WITNESS WHEREOF, the parties hereto attached their hands and seals on the dates
set forth below.
Signed, sealed and delivered
in the presence of:
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF BREVARD
CANAVERAL PORT AUTHORITY,
a body politic and corporate existing under and
and by virtue of the laws of the State ofFlorida
By:
Print Name: Thomas W. Weinberg, Chairman
Date:
The foregoing instrument was acknowledged before me this __ day of 2017,
by Thomas W. Weinberg, as Chairman of the Canaveral Port Authority. He is personally known
to me and did not take an oath. · ·
(Seal)
Notary Public
Signed, sealed and delivered
in the presence of:
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF VOLUSIA
DANIEL CORPORATION OF WINTER
PARK, INC., a Florida corporation
By:
Print Name: Laila Witwicky, President
Date:
The foregoing instrument was acknowledged before me this day of , 2017,
by Laila Witwicky, as President of Daniel Corporation of Winter Park, Inc. She is personally
known to me and did not take an oath. ·
(Seal)
Notary Public
EXHIBIT
\)
March 17, 2017
Jean Abi-Aoun, P.E.
5127 S. Orange Avenue, Suite 200
Orlando, Florida 32809
Phone: (407) 895-0324
RE: CAPE CANAVERAL HOTEL PROJECT
Request for Additional Information
Dear Mr. Abi-Aoun:
PORT AUTHORITY
This letter is being sent as follow up to the Development Review Committee (DRC) meeting held on Monday 3/13 at the
Canaveral Port Authorities offices in the Maritime Center. The following comments and requests for additional information
should be considered subsequent to the email request transmitted to Florida Engineering Group (FEG), Orlando, FL, on
11/29/16 regarding plans for the above referenced hotel development, received via email on 2/22/17, as proposed on a
certain parcel adjacent to Canaveral Port Authority (CPA) lands at the southern terminus of Columbia Road.
The proposed increase in vehicular traffic and the propensity for the development to produce pedestrian traffic accessing
the Port may require certain improvements to the Columbia Road cross section to address public safety concerns. These
improvements include:
1) A dedicated left-turn lane and associated signal modifications at the intersection of Columbia Road and George
King Boulevard
2) A pedestrian walk to include new and/or modified signalized cross walks at the intersection of Columbia Road and
George King Boulevard. Alternate potential alignments of the walk were conceptually discussed at the DRC.
3) An emergency signal at the drive way entrance on Columbia Road from the existing Canaveral Fire Rescue
(CFR) Fire Station #52. The emergency signal beacon is intended to operate during times of emergency egress
during response activities and to warn of the potential for wind-driven smoke during training exercises.
4) It was recommended by Port Staff and CFR that the curved transition from Columbia Road to the hotel entrance
be replaced with a "T" intersection with a stop sign and bar for the east bound hotel exit.
Following a review of the proposed stormwater system, we have thE! following comments:
5) The proposed retaining wall along the northern boundary of the hotel property will block the natural southerly flow
of runoff from CPA property causing ponding along this boundary. Stormwater facilities shall be constructed to
accept and convey this runoff through or around the proposed development.
6) The existing property naturally drains to the south and to the west. The proposed stormwater system, as
indicated in the drawings submitted on 2/22, will redirect all run off to the western boundary. CPA requests
concurrence from St. John's River Water Management District (SJRWMD) and/or FDEP that this is acceptable.
7) If proposed discharge rates are increased at the western boundary with the adjacent Port-owned lands a drainage
easement will be required.
8) A review of the existing condition of the twin outfall pipes under FOOT R/W to the west of the proposed property
may be necessary.
As discussed during the DRC, CPA is in process of conducting a South Port Potable Water and Traffic capacity study.
Draft results from these studies should be available in May 2017; further comments may result from the conclusions
drawn by these studies and these comments will be incorporated into the review of the proposed Hotel project at that
time. In the interim, please see the following utility comments: ·
Canaveral Port Authority
445 Challenger Road, Suite 301, Cape Canaveral FL 32920
321.783.7831 www.portcanaveral.com