HomeMy WebLinkAboutPort of Call First Modification 12-24-201611
CAPE CANAVERAL CITY
!� PO BOX 326
CAPE CANAVERAL FL 32920
Prepared by:
Anthony A. Garganese, City Attorney
Garganese, Weiss & D'Agresta, P.A.
PO Box 2873
Orlando, Florida 32802
(407)425-9566
And return to:
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
CFN 2017019375, OR BK 7808 PAGE 1511.
Recorded 01/30/2017 at 03:09 PM, Scott Ellis, Clerk of Courts,
Brevard County
# Pgs:7
FIRST MODIFICATION TO PORT OF CALL
DEVELOPMENT AGREEMENT
THIS FIRST MODIFICATION ("First Modification") is made this V-P'day of
December, 2016, by and between the City of Cape Canaveral, a Florida municipal corporation
("City"); and Astronaut Properties LLC, a Florida limited liability company authorized to
conduct business in Florida ("Owner").
RECITALS:
WHEREAS, this Agreement is entered into pursuant to the Florida Municipal Home
Rule Powers Act; and
WHEREAS, this First Modification to development agreement modifies that certain Port
of Call Development Agreement by and between the City of Cape Canaveral and 8600 Astronaut
Properties, LLC, recorded in the Public Records of Brevard County, Florida on January 9, 2013
at Official Record Book 6775, Page 1538 ("Original Agreement"); and
WHEREAS, Astronaut Properties, LLC is the successor in interest to 8600 Astronaut
Properties, LLC and is currently the Owner pursuant to the terms and conditions of the Original
Agreement; and
WHEREAS, the Original Agreement affects real property owned by Owner located at
8600 Astronaut Blvd, Cape Canaveral, Florida ("Property"); and
WHEREAS, the Original Agreement generally sets forth terms and conditions under
which the Owner will develop a three phase "Port of Call" complex on the Property; and
WHEREAS, at the effective date of this First Modification, Owner has completed
development of the consumer transit and transportation service center required under Phase 1 of
the Original Agreement, and is currently seeking development permits from the City for Phase 2;
and
First Modification to Port of Call Development Agreement
Page 1 of 6
WHEREAS, the Owner and the City acknowledge that Project Zeus is currently
considering locating its corporate headquarters on the Property and adding approximately 150
new jobs within the City of Cape Canaveral; and
WHEREAS, the Owner and the City also acknowledge that the City and Brevard County
have proposed granting Project Zeus economic development incentives to locate its corporate
headquarters within the City of Cape Canaveral; and
WHEREAS, in furtherance of enticing Project Zeus to locate within the City of Cape
Canaveral, the Owner and the City desire to modify the Original Agreement to expressly identify
``office" as an allowable land use within the existing building located on the Property in Phase 2,
and to modify the terms and conditions for implementing Phase 3; and
WHEREAS, the City recognizes the need to plan for orderly growth and development;
and to attract tourism and high paying jobs to the City of Cape Canaveral; and
WHEREAS, Owner desires to cooperate with the City regarding the City's economic
redevelopment objectives including allowing the Property to be leased and used by Project Zeus
and to serve as a regional tourist, hospitality, and transportation services hub to the visitors and
citizens of Cape Canaveral and the surrounding communities; and
WHEREAS, Owner also desires to improve and enhance the Property consistent with the
standards and requirements of the City's A 1 A Economic Opportunity Overlay District; and
WHEREAS, the City has determined that the proposed redevelopment of the Property is
consistent with and furthers the City's goals of encouraging and creating corporate headquarters,
tourism, and creating attractive, functional and lasting buildings and places; and
WHEREAS, the proposed redevelopment of the Property will add substantial value to
the City's ad valorem tax base and enhance and protect the commercial corridor and primary
entrance to the City of Cape Canaveral; and
WHEREAS, the City Council finds this Agreement to be consistent with the City's
Comprehensive Plan and land development regulations; and
WHEREAS, the City and Owner believe it to be in the best interests of each party to
enter into this Agreement to effectuate the redevelopment of the Property, subject to the terms
and conditions agreed to hereunder; and
WHEREAS, it is the intent and purpose of this First Modification to bind the Property to
the terms and conditions stated in this First Modification.
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:
Port of Call Development Agreement
City of Cape Canaveral / 8600 Astronaut Properties LLC
Page 2 of 6
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein by reference.
Section 2. Authority. This Agreement is entered into pursuant to the City's home
rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers
Act.
Section 3. Amendment to Permitted Phase 2 Land Uses. The City and the
Owner agree that the redevelopment of the Property during Phase 2 may also include office use
within the existing two-story commercial structure of approximately 63,000 square feet located
on the Property.
Section 4. Future Suspension and Reinstatement of Phase 1; Abandonment.
(A) In the event the City and the Owner agree to a redevelopment project for Phase 2
that requires Owner to suspend, one-time, the consumer transit and transportation service center
developed during Phase 1 on the Property including, but not limited to the Project Zeus project,
Owner may reinstate the Phase 1 consumer transit and transportation service center in the future
provided said reinstatement shall be allowed only one-time and shall comply with the
requirements set forth in the Original Agreement, as may be amended by Owner and City.
Owner shall provide the City with prior written notice of any such suspension or reinstatement of
the consumer transit and transportation service center.
(B) However, if the portion of the Property on which the consumer transit and
transportation service center exists at the Effective Date of this First Modification is ever
redeveloped for other land use purposes with a new structure or structures and related
infrastructure, the consumer transit and transportation service center shall be deemed
permanently abandoned at such time the City issues a building permit for said structure(s) and
infrastructure.
Section 5. Phase 3 Development.
(A) If Project Zeus locates on the Property, the requirement for a Phase 3 hotel and
conference center under Section 5(C) of the Original Agreement shall be terminated and no
longer be required by the City to be constructed on the Property.
(B) If the City receives notice that Project Zeus has chosen not to locate on the
Property, the Phase 3 hotel and conference center required by Section 5(C) of the Original
Agreement shall be constructed by Owner in accordance with terms and conditions set forth in
the Original Agreement.
(C) Notwithstanding subsections (A) and (B) above, Owner covenants and agrees that
Owner shall allow any hotel located on the real property tax parcels listed below to use the
Port of Call Development Agreement
City of Cape Canaveral / 8600 Astronaut Properties LLC
Page 3 of 6
consumer transit and transportation service center developed during Phase 1 on the Property for
passenger transportation services in accordance with reasonable commercial terms and
conditions acceptable to the Owner and the owner of such hotel(s). Said covenant is conditioned
upon the consumer transit and transportation service center not being under suspension or
abandonment in accordance with the terms and conditions of this First Modification. Said parcels
are generally located directly across Highway A 1 A and identified as follows: 24-37-15-00-
00838.0; 24-37-15-00-00766.0; 24-37-15-00-828.0; 24-37-15-00-767; 24-37-15-00-00769.0;
24-37-15-00-00769.1; 24-37-15-00-00752.0; 24-37-15-00-00770.1; 24-37-15-00-00754.1. A
map of said Parcels is attached hereto and fully incorporated herein as Exhibit "A." The
owner(s) of the aforementioned parcels are hereby deemed third party beneficiaries of this
covenant and shall, in addition to the City, have the right to enforce this covenant against Owner.
Owner shall be responsible for providing written notice of this covenant to the parcel owners. It
is the intent and purpose of this covenant to ensure, to the extent reasonably practicable, that the
consumer transit and transportation service center remain affiliated at all times with one or more
hotels offering tourist related services whether located on the Property and/or the aforesaid tax
parcels.
Section 6. Effective Date and Recording of the First Modification. This First
Modification shall be effective upon full execution by the parties hereto and upon recording by
the City with the Clerk of the Court for Brevard County, Florida. ("Effective Date"). This First
Modification shall be recorded by the City upon the Property.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
date first above written.
[EXECUTION PAGES FOLLOW]
Port of Call Development Agreement
City of Cape Canaveral / 8600 Astronaut Properties LLC
Page 4 of 6
ATTEST -
By '
a Goforth, CMC
City Clerk
CITY:
City of Cape Canaveral,
a Florida municipal corporation.
By: (9 a, j 'Z_ I -t �t c c-,-tA--
David L. Greene, City Manager
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
Florida only.
Date: /
By:
Anthony A. anese, City Attorney for
the City of Cape Canaveral, Florida
COUNTY OF BREVARD ✓
The foregoing instrument was acknowledged before me this 204day of Q/7(jQ!' , 2016,
by David L. Greene, well known to me to be the City Manager of the City of Cape anaveral
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.
(NOTARY SEAL)
MIA GOFORTH
O�P13Y PUA(^'
Notary Public -State of Florida
• = My Comm. Expire:; May 16, 2017
Commission # EE 866939
Bonded Through National Notary Assn.
(No Public Sig7)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: Z,,17
Port of Call Development Agreement
City of Cape Canaveral / 8600 Astronaut Properties LLC
Page 5 of 6
;
CITY SEA),ttv
STATE OF FLORIDA
CITY:
City of Cape Canaveral,
a Florida municipal corporation.
By: (9 a, j 'Z_ I -t �t c c-,-tA--
David L. Greene, City Manager
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
Florida only.
Date: /
By:
Anthony A. anese, City Attorney for
the City of Cape Canaveral, Florida
COUNTY OF BREVARD ✓
The foregoing instrument was acknowledged before me this 204day of Q/7(jQ!' , 2016,
by David L. Greene, well known to me to be the City Manager of the City of Cape anaveral
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.
(NOTARY SEAL)
MIA GOFORTH
O�P13Y PUA(^'
Notary Public -State of Florida
• = My Comm. Expire:; May 16, 2017
Commission # EE 866939
Bonded Through National Notary Assn.
(No Public Sig7)
(Print Name)
Notary Public, State of
Commission No.:
My Commission Expires: Z,,17
Port of Call Development Agreement
City of Cape Canaveral / 8600 Astronaut Properties LLC
Page 5 of 6
Signed, sealed and delivered in the
presence of the following witnesses:
si cure With s
aL IrL4-
Printed Name of Witness
STATE OFZo'e"!�
COUNTY OF
OWNER:
Astronaut
a Florida li
0
A. Baugher, Managing Member
Date: Pu I
_-,The foregoing instrument was acknowledged before me this .I0 day of
iMPR- , 2016, by Robert A. Baugher, as Managing Member of Astronaut Properties
LLC, a foreign limited liability coany, on behalf of said company. He is personally known to
me or produced f2 T as identification.
(NOTARY SEAL)
(Notary P4c Signa
MIA GOFORTH 17
♦�Nyp'
l ':.
Notary Public -State of Florida
P (print Name)
My Comm. Expire:; May 16, 2017 Notary Public, State of /-- 21 &V
=r' Commission # EE 866939
Commission No.: 661
Bondetl Through National NotaryAssn.
My Commission Expires: W/6 /7
Port of Call Development Agreement
City of Cape Canaveral / 8600 Astronaut Properties LLC
Page 6 of 6
Map
Parcel ID
1
24-37-15-00-838;
2
24-37-15-00-766;
3
24-37-15-00-828;
4
24-37-15-00-767;
5
24-37-15-00-769;
6
24-37-15-00-769.1;
7
24-37-15-00-752;
8
24-37-15-00-770.1;
9
24-37-15-00-754.1;
EXHIBIT "A"
MAP of Tax PARCELS