HomeMy WebLinkAboutDevelopment Agreement 1 CFN:2003145976 05-16-2003 08:54 am
Prepared by and Return to: OR Book/Page: 4914 / 3412 DRAFT 4-29-03
Anthony A.Garganese,City Attorney
Brown,Salzman,Weiss&Garganese,P.A. $COft E//IS
225 E. Robinson Street,Suite 660 Clerk Of Courts, Brevard County
P.O.Box 2873 #Pgs: 7 #Names:2
Orlando,FL 32802-2873 Trust: 4.00 Rec: 29.00 Serv:0.00
0.00 'Excise: 0.00
Mtg: 0.00 nt Tax 0.00
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement"), entered into this
12th day of May , 2003, by and between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (hereinafter "City"), whose address is
105 Polk Avenue, Cape Canaveral, Florida, 32920, and SUZANNE TRAVERSA, an
individual (hereinafter "Traversa"), whose address is 620 Madison Avenue, Cape
Canaveral, Florida 32920.
RECITALS:
WHEREAS, Traversa owns real property located within the City of Cape
Canaveral, Florida; and
WHEREAS, in and around the 1970's, the previous owner of the real property
constructed two (2) residential structures on the property in violation of the setback
requirements of the City Code; and
WHEREAS, the City attempted to get the previous property owner to construct
the structures in compliance with the City Code; however, the structures were not
brought into compliance and subsequently allowed to exist, to date, for approximately
twenty-five (25) years; and
WHEREAS, Traversa now desires to substantially remodel the structures for the
use and enjoyment of her family; and
WHEREAS, since the structures were not lawfully constructed in accordance
with the City Code in the first place, the structures are not legally considered
"nonconforming structures" pursuant to Section 110-193 of the Cape Canaveral Code;
and
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WHEREAS, unless the structures are considered legally nonconforming by the
City Council, the structures must be removed from the setback area before the building
official can issue the building permits necessary for the remodeling; and
WHEREAS, even though the structures are not "legally" nonconforming, as
provided in the City Code, the City Council finds that after full and complete review of
the facts and equities of this case, relief should be granted and the existing two (2)
structures on the Property should be given a nonconforming status under the terms and
conditions of this Agreement so that the structures can be remodeled by Traversa.
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:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
2.0 Real Property. The real property subject to this Agreement is located at
620 Madison Avenue, Cape Canaveral, Florida, Parcel ID #24-37-23-CG-00018.0-
0014.00, and legally described as Lot 14, Block 18, AVON-BY-THE-SEA, according to
the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard
County, Florida ("Property").
3.0 Nonconforming Status. In exchange for Traversa's acknowledgment
and agreement as set forth in Section 4.0 of this Agreement, the City agrees that the
existing two (2) residential structures located on the Property are hereby deemed legally
nonconforming structures with respect to the setbacks only. As long as the structures
remain nonconforming, the structures shall be given all the rights and benefits of
nonconforming structures under the Cape Canaveral Code, as may be amended from
time to time. For reference and convenience purposes only, the existing City Code
section pertaining to nonconforming structures is set forth as follows:
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Sec. 110-193. Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the
ordinance from which this section is derived that could not be built under this chapter
because of restrictions on area, lot coverage, height, setback or other characteristics of
the structure or its location on the lot, such structure may be continued, so long as it
remains otherwise lawfully subject to the following:
(1) Such structure may not be enlarged or altered in a way which increases its
nonconformity, but any structure or portion thereof may be altered to decrease its
nonconformity.
(2) Should such structure be destroyed by any means to an extent of more than
50 percent of its fair market value at time of destruction, it shall not be
reconstructed, except in conformity with this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations of the district in which it is located after
it is moved.
(4) Where a lawful dwelling structure, located on a single lot of record, exists at
the effective date of adoption or amendment of the ordinance from which this
section is derived that could not be built under this chapter, such structure may
be repaired, enlarged, extended, rebuilt, reconstructed or structurally altered,
provided that setback dimensions, maximum lot coverage, building setback lines
and other requirements of the additional structure conform to the regulations for
the district in which such lot is located. Any additional construction to an existing
structure that encroaches on setback requirements must conform to the setback
requirements of the zoning district. Any legally established encroachment on
setback requirements may be repaired, rebuilt, reconstructed or structurally
altered, but not enlarged or extended, provided the encroaching portion of the
structure is an integral part of the structure.
4.0 Traversa Acknowledgment. Traversa acknowledges and agrees that
but for this Agreement, the two (2) residential structures located on the Property would
not be considered legally nonconforming and would not be granted the rights and
privileges of nonconforming status. In consideration of the structures being deemed
legally nonconforming by the City, Traversa agrees to fully abide by any and all Cape
Canaveral Codes related to nonconforming structures.
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5.0 Successors and Assigns. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of each of the
parties.
6.0 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
7.0 Amendments. This Agreement shall not be modified or amended except
by written agreement duly executed by both parties hereto and approved by the City
Council of the City of Cape Canaveral.
8.0 Entire Agreement. This Agreement supersedes any other agreement,
written or oral, and contains the entire agreement between the parties as to the subject
matter hereof.
9.0 Severability. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the same shall not
affect in any respect the validity or enforceability of the remainder of this Agreement.
10.0 Effective Date. This Agreement shall become effective upon approval by
the City Council of the City of Cape Canaveral and execution of this Agreement by both
parties.
11.0 Recordation. This Agreement and any amendments hereto shall be
recorded by the City in the public records of Brevard County, Florida, and shall run with
the land.
12.0 Relationship of the Parties. The relationship of the parties to this
Agreement is contractual and Traversa is an individual and not an agent of the City for
any purpose. Nothing herein shall be deemed to create a partnership, or joint venture,
or principal-agent relationship among the parties, and no party is authorized to, nor shall
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any party act toward third persons or the public in any manner which would indicate any
such relationship with any other party.
13.0 Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28,
Florida Statutes, or any other limitation on the City's potential liability under state or
federal law.
14.0 City's Police Power. Traversa acknowledges and agrees that the City
hereby reserves all police powers granted to the City by law. In no way shall this
Agreement be construed as the City bargaining away or surrendering its police powers.
15.0 Interpretation. The parties to this Agreement acknowledge and agree
that all parties have participated equally in the drafting of this Agreement, and no party
shall be favored or disfavored regarding interpretation of this Agreement in the event of
a dispute between the parties.
16.0 Permits. The failure of this Agreement to address any particular City,
county, state and federal permit, condition, term or restriction shall not relieve Traversa
or the City of the necessity of complying with the law governing said permitting
requirements, conditions, term or restriction.
17.0 Third Party Rights. This Agreement is not a third party beneficiary
contract, and shall not in any way whatsoever create any rights on behalf of any third
party.
18.0 Specific Performance. Strict compliance shall be required with each and
every provision of this Agreement. The parties agree that failure to perform the
obligations established in this Agreement shall result in irreparable damage, and that
specific performance of these obligations may be obtained by suit in equity.
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19.0 Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's
fees and costs through all appeals to the extent permitted by law.
20.0 Future Rezonings/Development Permits. Nothing in this Agreement
shall limit the City's authority to grant or deny any future rezoning or development permit
applications or requests, or the right of Traversa to apply for or oppose any future
rezoning or development permit application subsequent to the Effective Date of this
Agreement. In addition, nothing herein shall be construed as granting or creating a
vested property right or interest in Traversa or on the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
ATTEST: CITY OF CAPE CANAVERAL
` a Florida municipal corporation
. , I.. :., '0 1... .. .'- By(:::: :;0 c..)el QoaA.SIL,
SI:UAI 6TI� LS, Coy-Clerk ROCKY RANDELS, Mayor
�►,,,.,°'.-n) ,,,i: '\ Date: I Z [ 0 0 3
WI ESSES:
ki' -; V1-'\ r\-\--‘.-,...e ,
I
,1
UZ • 1 E TRAVERSA
`'�ULI,,,,,� �- Date: 5/12_103
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OR Book/Page: 4914 / 3418
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this /04 day of
7114-1 , 2003, by SUZANNE TRAVERSA, an individual, [ ] who is personally
known to me, or [?who has produced ,4 064.4a ceote as identification.
:Y:'•, SUSAN STILLS NOTARY PUBLIC, State of Florida
'• MY COMMISSION#DD 012391
r'��-.g EXPIRES:March 27,2005
(S �`° aona.eTMNrrouryom My commission expires: Ai/,e ti a I 24/
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