HomeMy WebLinkAboutCape Caribe 1st Modification to Agreement f• 111111111110 IIIII IIIII 1101 HMI
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CITY OF CAPE CANAVERAL
PO BOX 326
CAPE CANAVERAL FL 32920
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CFN 2012008964, OR BK 6521 PAGE 1746
Recorded 01/18/2012 at 12:36 PM, Mitch Needelman, Clerk
THIS INSTRUMENT WAS PREPARED BY of Courts, Brevard County
AND SHOULD BE RETURNED TO: # Pgs 5
Katherine W. Latorre, Esq.
Assistant City Attorney of Cape Canaveral
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
FOR RECORDING DEPARTMENT USE ONLY
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CAPE CARIBE
MODIFICATION TO
BINDING DEVELOPER'S AGREEMENT
THIS MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
( "Modification ") is made by and between the CITY OF CAPE CANAVERAL, a Florida
Municipal Corporation ( "City "), whose principal address is 105 Polk Avenue, Cape Canaveral,
Florida 32920, and CAPE CARIBE, INC., a Florida Corporation ( "Owner "), whose principal
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address is 1000 Shorewood Drive, Suite 200, Cape Canaveral, Florida 32920.
WITNESSETH:
WHEREAS, City and Owner previously entered into a Binding Developer's Agreement
( "Agreement ") related to Owner's development project known as "Ron Jon® Cape Caribe
I Resort ", said Agreement being recorded in Brevard County Official Record Book 6152, Page
2042; and
l WHEREAS, Section 10.1 of the Agreement, which became effective on April 22, 2010,
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contains a development schedule for the phased development of the project's remaining five (5)
unconstructed buildings; and
WHEREAS, given the current downturn in the economy, Owner desires to amend said
development schedule to provide additional time for the construction to occur; and
WHEREAS, the extended development schedule also affects the previously issued
concurrency approvals related to the project; and
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WHEREAS, Section 22.0 of the Agreement requires that any modification or
amendment to the Agreement be made by written agreement executed by both parties; and
WHEREAS, the City and Owner believe it to be in the best interests of both parties to
enter into this Modification; and
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MODIFICATION TO DEVELOPER'S AGREEMENT
City of Cape Canaveral / Cape Caribe, Inc.
Page 1 of 5
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NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
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1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
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2.0 Modification to Section 10.1 of the Agreement. Section 10.1 of the Agreement
shall be modified as follows (underlined type indicates additions to and strip type
indicates deletions from the existing text of the Agreement):
10.1 Phasing. The Revised Site Plan depicts a total of seven (7) buildings
containing 600 hotel and resort condominium units. Consistent with the Original Site
Plan and as of the Effective Date, Buildings 1 and 2 containing 206 units are constructed
on the Property. Subject to the termination provisions set forth in Section 17.0 herein,
Owner and City agree that Owner shall be permitted to phase the development of the
remaining five (5) unconstructed buildings, designated as Buildings 3 through 7
( "Remaining Buildings "), and containing a total of 394 units, in accordance with the
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Revised Site Plan and pursuant to the following development schedule:
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10.1.1 No later than five (5) two (2) years from the Effective Date, Owner
shall submit the building permit application to construct the first building of the
I unconstructed Remaining Buildings.
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10.1.2 No later than ten (10) s even (7) years from the Effective Date,
Owner shall submit the building permit application to construct the second
building of the unconstructed Remaining Buildings.
10.1.3 No later than fifteen (15) twelve (12) years from the Effective
Date, Owner shall submit the building permit application to construct the third
building of the unconstructed Remaining Buildings, provided that the first and
1 second buildings of the Remaining Buildings are substantially complete or have
received a certificate of occupancy.
10.1.4 No later than twenty (20) Gcvcnt (17) years from the Effective
Date, Owner shall submit the building permit application to construct the fourth
1 building of the unconstructed Remaining Buildings, provided that the third
building of the Remaining Buildings is substantially complete or has received a
certificate of occupancy.
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10.1.5 No later than twenty -five (25) twee -(20) years from the Effective
Date, Owner shall submit the building permit application to construct the fmal
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building of the unconstructed Remaining Buildings, provided that the fourth
building of the Remaining Buildings is substantially complete or has received a
I certificate of occupancy.
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MODIFICATION TO DEVELOPER'S AGREEMENT
City of Cape Canaveral / Cape Caribe, Inc.
Page 2of5
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5 3.0 Modification to Section 10.3 of the Agreement. Section 10.3 of the Agreement
shall be modified as follows (underlined type indicates additions to and stfilEetlifeugh type
indicates deletions from the existing text of the Agreement):
10.3 Concurrency. The City agrees to issue Owner an initial concurrency compliance
certification for all levels of service of the various public facilities to support the specific
impacts of the proposed development consistent with the requirements of Chapter 86 of
the City Code. This certification shall reserve concurrency capacity for the Property for a
period of Govcn (7) ten (10) years from the Effective Date ( "Initial Concurrency").
Notwithstanding the above, the Owner acknowledges that concurrency for Potable Water
from the City of Cocoa may be reserved for a period less than seven -(7) ten (10) years,
therefore the City agrees to reserve the maximum term available for the Property.
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10.3.1 Upon expiration of Owner's Initial Concurrency a new application
shall be submitted by Owner and City shall provide an analysis of public facilities
consistent with the requirements of Chapter 86 of the City Code. Provided
adequate facilities are available, the City shall issue a new certification to reserve
concurrency for an additional five (5) years ( "Second Concurrency").
10.3.2 Upon expiration of Owner's Second Concurrency a new
application shall be submitted by Owner and City shall provide an analysis of
public facilities consistent with the requirements of Chapter 86 of the City Code.
Provided adequate facilities are available, the City shall issue a new certification
to reserve concurrency for an additional five (5) years ( "Third Concurrency").
10.3.3 Upon expiration of Owner's Third Concurrency a new application
shall be submitted by Owner and City shall provide an analysis of public facilities
1 consistent with the requirements of Chapter 86 of the City Code. Provided
adequate facilities are available the City shall issue a new certification to reserve
concurrency for an additional three (3) five (5) years.
4 4.0 Modification to Section 11.3 of the Agreement. Section 11.3 of the Agreement '
shall be modified as follows (underlined type indicates additions to and stiles type
indicates deletions from the existing text of the Agreement):
11.3 Revised Site Plan Units. Upon the issuance of certificates of
occupancy for Buildings 3 and 4, as identified on the Revised Site Plan, and upon
the satisfaction of all building and fire code requirements applicable to resort
condominiums, the 124 proposed units in Buildings 3 and 4 shall be granted
prey final certificates of nonconforming status.
5.0 Recordation. This Modification shall be recorded in the public records of
Brevard County, Florida, and shall run with the land.
6.0 Miscellaneous. All terms and conditions of the Agreement and other
development approvals by the City for the project, which are not expressly and specifically
$ modified by this Modification, shall continue to remain in full force and effect.
MODIFICATION TO DEVELOPER'S AGREEMENT
City of Cape Canaveral / Cape Caribe, Inc.
Page 3 of 5
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
1 dates indicated below.
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CITY:
City of Cape Canaveral,
a Florida municipal corporation.
B :cr
y
Rocky Randels, Mayor
Date: /! fa /,
ATTEST:
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1 By �"'�
Ang ipersor
k
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
' Florida only.
1I irIf
i CITY SEAL Date: _
By: A i
Ant ony A. Garganese, City Attorney for
the City of Cape Canaveral, Florida
STATE OF FLORIDA
COUNTY OF BREVARD
>
The foregoing instrument was acknowledged before me this / I day of
41/0114 , 2011, by Rocky Randels and Angela Apperson, well known to me to be the
Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me
that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true
act and deed, and that they were duly authorized to do so.
I " ---- 7--). , , ,
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(NOTARY SEAL) a— - 1111.. ......1
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. d,/ (Notary Pu c Signatur
§ 1 `�nrv MIA GOFOPTH /7 /7 62/0 '7
1 ?_° 1`'` ; Notary Public - State of Florida f (Print Name)
• My Comm. Expires May 16, 2013 Notary Public, State of F�o�l�.'�
" "' ► Commission No.: bb i'53 & 4 S
1 . ". -- ..- - c e C ommis sion # DD 853695
''',° Bonded Through National Notary Assn. f My Commission Expires: y !CP 2-.1.3
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MODIFICATION TO DEVELOPER'S AGREEMENT
1 City of Cape Canaveral / Cape Caribe, Inc.
Page 4 of
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Signed, sealed and delivered in the OWNER:
presence of the following witnesses:
Cape Caribe, Inc.,
a Florida Corporation. 1. a 1104_0/..,t2A,
r ... - a're of Wanes
as R R t • B �^
Printed Name of Wit ess y' /
Jdk-K / GoaKG(f,L4 1 P"Le P/es:A.4f
( Print Name and Title)
- `
Signatu o Witness Date: / / /// Z
/ IAA, IvcZIt
I Printed Name of Witness
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STATE OF FLo R.' (A
COUNTY OF E. REv ILO
The foregoing instrument was acknowledged before me this ' day of
®N4af y , 2012, 3I 37AIN R. G renol : c-, , as V i e E Pres : o E w t of Cape Caribe, Inc., a
Florida Corporation, on behalf of said company. He is personally known to me or produced
i ry 1 A as identification.
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(NOTARY SEAL) Q,
(Notary Publi i $nature) `
' t A\e J Cnedc(A
BILLIE JO GENTRY (Print Name)
. %' NOTARY PUBLIC Notary Public, State of VLOe.'
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: - STATE OF FLORIDA Commission No.: 1CA5''S•VC5"
. Comm# D00953405 My Commission Expires: 3V,.1% ` e a e N
Expires 3/31/2014
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MODIFICATION TO DEVELOPER'S AGREEMENT
City of Cape Canaveral / Cape Caribe, Inc.
Page 5 of 5
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