HomeMy WebLinkAboutDevelopment Agreement/Perpetual Public Beach Access 11 I I IN III 11 1111 11 11 1 11 11
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• Prepared by and return to: CFN:2003088981
03-27-2003 08:49 am
Anthony A.Garganese,Esquire OR Book/Page: 4860 / 2074
City Attorney of Cape Canaveral - -
Brown,Ward,Salzman&Weiss,P.A. Scott Ellis
Post Office Box 2873
Clerk Of Courts,Brevard County
Orlando,Florida 32802-2873
(407)425-9566 #Pgs: 8 #Names:2
Trust: 4.50 Rec: 33.00 Serv:0.00
r`- 0.00 'Excise: 0.00
DEVELOPMENT AGREEMENT Mtg: 0.00 int Tax: 0.00
• THIS DEVELOPMENT AGREEMENT(herein referred to as the"Agreement"),
made and executed this 4th day of March, 2003, by and between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (hereinafter referred to as "City"), whose
address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and THE SEAPORT
OCEANFRONT CONDOMINIUM ASSOCIATION,INC,a Florida corporation(hereinafter
referred to as "Owner"), whose address is .
WITNESSETH: •
WHEREAS, Owner owns certain real property located along the Atlantic Ocean
within the City of Cape Canaveral, Florida, as legally described herein; and
WHEREAS, Owner desires to construct a condominium project on the Property
called Villages of Seaport - Village 7; and
WHEREAS, Sections R-1.1 and CM 9.3 of the Comprehensive ylan of the City of
Cape Canaveral provide that the,City shall continue with its efforts to"obtairi publid beach
access and to enforce public access to beaches; and •.,
WHEREAS, the City desires to obtain and Owner desires to provide beach access
across Owner's property in compliance with the City's Comprehensive Plan; and
WHEREAS,the parties acknowledge, however, before full public beach access can
be provided, the City must obtain,additional access from a third party along the northern
boundary of the Property (Shorewood Drive) or at some other abutting location; and
WHEREAS, it is the intent of the parties to convey the Public Beach Access
Easement upon the effective date of this Agreement even though full public beach access has
not yet been obtained by the City; and
• WHEREAS, the City Council of the City of Cap.e.•Canay.•eral-lfindsjthatY this
.Agreement is consistent with the City's Comprehensive Plan as well as the City. ,ode. '61'1
Ordinances and is•a legislative act of the City Council of the City1of Cape.,Canayeral }�~ � j
•
) . !1 t c
Page 1 of 7
NOW,THEREFORE, in consideration of the mutual covenants and mutual benefits
herein contained, and other good and valuable consideration, which the parties acknowledge
as having been received, the parties agree as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference and deemed a material part of this Agreement.
2.0 Intent and Purpose. The intent and purpose of this Agreement is to convey
a perpetual public beach access easement to the City over, under, and on the easement
Property described in Paragraph 3.0 of this Agreement.
3.0 Easement Property. The real property subject to this Agreement and
easement is legally described and depicted on Exhibit"A,"which is hereby fully incorporated
herein by this reference (hereinafter referred to as "Property").
4.0 Conveyance of Easement and Security Fence.
4.1 Upon the effective date of this Agreement, Owner shall execute and
deliver to the City the Perpetual Public Beach Access Easement which
is attached hereto as Exhibit"B," and fully incorporated herein by this
reference (hereinafter referred to as "Public Beach Access
Easement"). The City shall have the right to record said Public Beach
Access Easement in the public records of Brevard County, Florida.
As deemed necessary by the City to secure priority of the Public
Beach Access Easement over all liens, mortgages, or encumbrances,
Owner agrees to fully cooperate and arrange in obtaining joinders or
consents from any party that may have an interest in the Property,
including all mortgage companies.
4.2 Within sixty(60) days of the effective date of this Agreement, Owner
shall construct a chain-link security fence along the entire length ofthe
southern side of the Property. The height of the fence shall be equal
- to the height of the fence located on the north side of the Property.
Owner shall comply with all City fence permit and construction
requirements set forth in the City Code.
5.0 Owner's Representations and Warranties. Owner hereby makes the
following representations, warranties and covenants, all of which shall continue after and
survive the execution of this Agreement:
5.1 Owner has good marketable fee simple title to the Property, free and
clear of all encumbrances.
111 11 1111 111 11 111 11 11 11 1111 11
Page 2 of 7 CFN:2003088981
OR Book/Page: 4860 / 2075
5.2 There are no suits, actions or proceedings (including any proposed
zoning changes or condemnation proceedings) pending or, to the
Owner's knowledge, threatened against Owner or affecting the
Property.
5.3 Owner has received no written or oral notice of any claims, demands,
litigation, proceedings or governmental investigations pending or
threatened against or related to the Property, which claim, demand,
litigation,proceeding or governmental investigation could result in any
judgment, order, decree or settlement which would adversely affect
the Property.
5.4. Owner has not received any uncured written or oral notice that the
Property is not in compliance with any federal, state or local statute,
ordinance, rule, regulation, requirement or code, including, without
limitation, building, fire, health, environmental and safety codes,
relating and/or applicable to the ownership, use and operation of the
Property.
5.5 Owner has full right, power and authority to execute, deliver and
perform this Agreement without obtaining any consents or approvals
from, or the taking of any other actions with respect to, any third
parties. This Agreement, when executed by and delivered by Owner
and City, will constitute the valid and binding agreement of Owner,
enforceable against Owner in accordance with its terms.
5.6 Neither the execution of this Agreement nor the consummation of the
transaction contemplated hereby will constitute a violation of or be a
conflict with or constitute a default under any term or provision of any
agreement, lease, deed covenant, or other obligation to which Owner
is a party or by which Owner or the Property is bound.
5.7 There are no leases, options, purchase agreements, tenancies or land
contracts affecting the Property or any part thereof.
5.8 To the best of the Owner's knowledge, Owner represents that there
do not exist any hazardous substances, as defined by state and federal
law, at, on, under or about the Property.
6.0 Covenant Not to Further Encumber. Owner shall not lease, sell, or
otherwise convey the Property without City's express written consent. In the event any lien,
mortgage, or encumbrance exists or is placed upon the Property prior to the easement being
conveyed and recorded by the City, Owner shall cause same to be removed at Owner's sole
expense prior to the conveyance of the easement or, alternatively, Owner shall obtain and
Page 3 of 7
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CFN:2003088981
OR Book/Page: 4860 / 2076
record all joinders or consents deemed necessary by the City to secure priority of the Public
Beach Access Easement over such liens, mortgages, or encumbrances. Failure to remove any
such lien, mortgage and encumbrance or obtain the necessary joinders or consents within
thirty (30) days after notice is given to Owner by City, shall constitute a breach of the
Agreement and City shall have all remedies for damages provided by law or in equity .-
(including specific performance and injunctive relief).
7.0 City Right of Entry. Upon the effective date of this Agreement and prior
to the conveyance of the Public Beach Access Easement to the City, Owner hereby grants the
City and its duly authorized agents and contractors an unconditional right of entry on the
Property to plan for the design, construction and maintenance of the Public Beach Access
Easement.
8.0 Successor and Assigns. Owner'shall notify the City,.in advance and in •
writing, of any transfer of ownership of the Property. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of the Property.
9.0 Applicable Law; Venue, This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Cape Canaveral Code
and Comprehensive Plan. The parties agree that venue shall be exclusively within Brevard
County, Florida, for all state disputes or actions which arise out of or are based upon this
•
Agreement, and in Orlando, Florida, for all such federal disputes or actions.
10.0 Amendments. This Agreement shall not be modified or amended except by
written agreement executed by all parties hereto and approved by the City Council of the City
of Cape Canaveral.
11.0 Entire Agreement; Headings. This Agreement contains the entire
agreement between the parties as to the subject matter hereof. Paragraph headings are for
convenience of the parties only and are not to be construed as part of this Agreement. All
references to whole paragraph numbers(e.g., 15.0)shall include all subparagraphs thereunder
(e.g., 15.1, 15.2, and 15.3).
12.0 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 City shall have the
unconditional right to either terminate this Agreement, modify this Agreement with the
Owner's consent, or remain in the Agreement as modified by the court.
13.0 Recordation. Upon full execution of this Agreement by the parties, this
Agreement shall be recorded by the City in the Public Records of Brevard County, Florida,
and shall run with the land.
111111111111\111111111
CFN:2003088981
Page 4 of 7
OR Book/Page: 4860 / 2077
•
14.0 City's Police Powers. Owner 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. Any City permits
issued on the Property prior to the effective date of this Agreement that are in conflict with
this Agreement are hereby deemed null and void.
15.0 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.
16.0 Notices. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand
delivered at the addresses set forth below or at such other addresses as the parties hereto shall
•
designate to each other in writing:
16.1 If to City: Mr. Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone: 321-868-1230
Facsimile: 321-868-1224
16.2 If to Owner: The Seaport Oceanfront
Condominium Association, Inc:
8850 North Atlantic Avenue
Cape Canaveral, Florida 32920
Telephone: 321-242-9005
Emergency Telephone: 321-784-6400
17.0 Waiver. Any forbearance by the City in exercising any right or remedy under
this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
18.0 Indemnification and Hold Harmless. Owner agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City, and its Council members,
employees, officers and city attorneys (individually and in their official capacities) from and
against any and all claims, losses, damages, personal injuries (including, but not limited to,
death),or liability(including reasonable attorneys fees through all administrative and appellate
proceedings); directly or indirectly arising out of or resulting from any act or omission of
Owner, and its employees, agents, and contractors under this Agreement and/or in default of
this Agreement. _ __ _ _
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11111111111
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CFN:2003088981
Page 5 of 7 OR Book/Page: 4860 / 2078
19.0 City's Right to Seek Equitable Relief. Owner agrees, acknowledges and
recognizes that any breach of this Agreement by Owner shall result in irreparable harm to the
City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies
available to City by reason of such breach, City shall be entitled to equitable relief(including,
without limitation, specific performance and injunctive relief) to enjoin the occurrence and
condition of the breach. In addition, should the City have to exercise eminent domain powers
to secure the Public Beach Access Easement, Owner hereby acknowledges and agrees that
Owner will not contest such exercise of authority by the City because it serves a valid public
purpose. Further, Owner acknowledges and agrees that consideration for the Public Beach
Access Easement has already been fully paid to Owner by City and that no further
compensation of any kind would be due Owner by City in any eminent domain proceeding
initiated by the City to acquire the Public Beach Access Easement.
- 20.0 Attorneys' Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal.
21.0 No Joint Venture. Nothing herein shall be deemed to create a joint venture
or principal-agent relationship between the parties,and neither party is authorized to,nor shall
either party, act toward thirdpersons or the public in any manner which would indicate any.
such relationship with the other.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
WITNESSES: CITY OF CAPE CANAVERAL,
a Florida Municipal Corporation:
Print Name:40A _
By: ��L�.1 �a•.,.c��
Rocky Randels, Mayor
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Print Name: V P,31"n 6, Nam
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OWNER: ill I II 1111 III il Illi II 11 I 111 I 11 il
___OVL"---"----- CFN:2003088981
OR Book/Page: 4860 / 2080
Print Name: 9iifilp ' V -t
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c-D) ,,,e, _....... BY: el_74014 6 '
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Print Name: Qt_Lia- ier- Name/Title f2e'6i 0OUP- SocA.
STATE OF FLORIDA
COUNTY OF BREVARD
I hereby certify that the foregoing instrument was acknowledged before me this %Sf7li day of
tRrC h ,2003,by ROCKY RANDELS,MAYOR,.af who is personally known to me,or
❑ 1, o has produced as identification.
•: Y SUSAN ST1LLS i
' (Al .._ d... Irv_.
:t: MY COMMISSION#DD 012391
W..�` EXPIRES:March 27,2005
-oat. Bonded PubliicUnderwriters NOTARY PUBLIC
PF:n�' n
STATE OF FLORIDA
COUNTY OF BREVARD
I hereby certify that the foregoing instrument was acknowledged before me this 1 4 day of
Intl O-, ,2003, by I A Lt.oto SA 1 A nig )L. of The Seaport
Oceanfront Condominium Association;Inc.,g'«rho is personally known to me,or 0 who has produced
as identification.
�"' Karen A. Gardner
14° Commission#CC 823489
a__ . So_A._.... ._..._x.b.......___.,
� } Expires Apr. 4,2003 4--�� 'L
Bonded Thru
,‘,,`�� Atlantic Bonding Co.,Inc.
NOTARY PUBLIC
F:\Docs\City of Cape Canaveral\Villages_of Seaport\Villages_of Seaport_Final.wpd
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• CFN:2003088982 03-27-2003 08:49 am
OR Book/Page:
Courts, Brevard County
- --
Prepared by and return to: 4860 / 2082
Anthony A. Garganese,Esq. -
City Attorney, City of Cape C averal SReCco:
0 Sew:0.00
tt Brown, Ward, Salzman& Weiss, PA. Clerk Of
.A. #Pgs: 5
P.O. Box 2873 Trust: 3.00 #Names:2
Orlando,Florida 32802-2873 "---" 0.0o
"9: 0.00 'Excise: 0.00
Int Tax: 0.00
PERPETUAL PUBLIC BEACH ACCESS
EASEMENT AGREEMENT
This Grant of a Public Beach Access Easement Agreement(hereinafter"Agreement")is made
this I/rl" day of nt ti.rciV\ 2003, by THE SEAPORT OCEANFRONT
CONDOMINIUM ASSOCIATION, INC, (hereinafter "Grantor"), in favor of the CITY OF
CAPE CANAVERAL,FLORIDA,a Florida municipal corporation,(hereinafter called"Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of
Cape Canaveral, Brevard County, Florida, which is more particularly described and depicted in
Exhibit "A" attached hereto, and by this reference fully incorporated herein ("Property"); and
WHEREAS, Grantor's Property lies adjacent to the Atlantic Ocean, and
WHEREAS,for the benefit of the public and in accordance with a Development Agreement
between the parties, dated March 4, 2003 ("Development Agreement"), Grantee desires to accept
the access to, and use of, the Property; and
WHEREAS, Grantee believes there is a public need for the use of the Property to provide
public access to the beach along the Atlantic Ocean and that said access is required by the City's
Comprehensive Plan; and
NOW,THEREFORE,in consideration of the enumerated public purposes stated herein,and
the mutual covenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor
provides as follows:
i. Recitals. The foregoing recitals are acknowledged to be true and correct and by this
reference are hereby incorporated into this Agreement as if fully set forth herein.
2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its
successors and assigns, on behalf of the public, a perpetual five(5)foot access easement,over,
under, and across the Property of the nature and charac:teriTicEtOthe;extent2I-nreitafter set
forth ("Easement"). The said grant of Easement incCl9des_.the public's right to use the
Property for ingress and egress to and from the beacheSaloili!the,Atlantch.PcFati.r
;
! ""`"
EXHIBIT "B" U ,.,: !
3. Purpose of Easement. This Easement is granted in accordance with the terms and
conditions of the Development Agreement between the Grantor and Grantee and is for the
express purpose of allowing the public to have perpetual use of the Property for a pedestrian
only walkway for ingress and egress to the beaches along the Atlantic Ocean.
4. Maintenance and Compensation. Grantee shall be responsible for all costs associated
with the maintenance and upkeep of the Property. Grantor shall be responsible for all costs
associated with property taxes and assessments upon the Property. There shall be no
compensation between the Grantor or Grantee for this Easement other than as provided
within the Development Agreement, if any.
5. Public Use. Grantor agrees that the Property shall be dedicated for public use under the
terms and conditions of this Easement and during normal hours of operation of City owned
parks and beach access areas. Grantee and members of the public shall have access at all .
reasonable times in order to effectuate the intent and terms of this Easement Agreement as
well as the Development Agreement.
6. Posting Sign. Grantor agrees to allow Grantee to post an informational sign at the entrance
of the Property which states that the Property is available for public ingress and egress to the
beaches along the Atlantic Ocean. The sign shall further provide the times per day with which
the walkway is open to the public. The location, design and content of such sign shall be
provided by the Grantee.
7. Improvements to Property. Grantee shall have the right at its expense to construct and
maintain improvements on the Property that are compatible with a pedestrian walkway
including, but not limited to, a wooden walkway, lighting, fencing, landscaping, trash
receptacles, directional signage, drinking fountains, and ancillary utilities.
8. Grantee's Right of Entry. Grantee is hereby granted the right of entry onto the Easement
Property for purposes of determining Grantor's compliance with this Easement and exercising
Grantee's rights under this Easement.
9. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually
and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement
Property as provided hereunder.
10. Remedies For Default. The parties agree that, in the event of default, there may not be an
adequate remedy at law and, therefore,the aggrieved party shall be entitled to seek injunctive
relief, including a mandatory injunction. - —_
!1!!I?fflhllhhIIIIIIIIIIIIIIIiiIIMiIllhI!IL(
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OR Book/Page: 4860 / 2083
2
11. Easements Run with the Land. This Easement shall remain a charge against the Property.
Therefore, this Easement shall"run with the land" and be automatically assigned by any deed
or other conveyance conveying a portion of the Property relating to this Easement, even
though the conveyance makes no reference to this Easement as such.
12. Attorneys' Fees. In the event of any legal action arising under this Agreement between the
parties, the prevailing party shall be entitled to an award of reasonable attorneys' fees, court
costs and expenses, through all administrative, trial, post-trial, and appellate proceedings.
13. Liability. To the extent permitted by law, and without waiving Grantee's right to sovereign
immunity, each party to this Easement shall be responsible for any and all claims, demands,
suits, actions, damages, and causes of action related to, or arising out of, or in any way
connected with its own actions and omissions, and the actions of its personnel and agents, in
performing their obligations and responsibilities under this Easement. •
14. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records
of Brevard County, Florida and may re-record it at any time as may be required to preserve
its rights in this Easement.
15. Successors. The covenants,terms, conditions, rights, and restrictions of this Easement shall
be binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors and assigns and shall continue as a servitude running in
perpetuity with the Property.
16 Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver
of the Grantee's right to sovereign immunity under Section 768.28,Florida Statutes,or other
limitations imposed on the Grantee's potential liability under state or federal law.
17. Modification. This Easement shall only be modified by a written instrument executed by
the parties hereto.
111111 1111 11111111111111 111 II 1
CFN:2003088982
Ori 3ook/Fage: 4860 / 2084
[Left blank intentionally, execution on following pages.]
3
IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day
and year written below.
Witnesses: GRANTOR:
THE SEAPORT OCEANFRONT
CONDOMINIUM ASSOCIATION, INC,
Print Name: WS•N• (IR G✓ a Florida, corporation,
Print Name: 1 �cAy`� �er By. 0:. r "4/
Name/Title ' ',egsia 5 ,5 G®
STATE OF 1...-1))2-4-41.-4
COUNTY
COUNTY OF ._6/2e_../At
The foregoing instrument was acknowledged before me this I I' day of in A \
2003 by PLA c_L.att9/A n-,o , of The
Seaport Oceanfront Condominium_Association, Inc., a Florida corporation, who.executed the
foregoing instrument and acknowledged before me that he/she executed the same for the uses and
purposes therein expressed and Vwho is personally known to me or ❑ whohas produced
as identification and who did not take an oath.
•
(NOTARY SEAL) Not ry Public ignat e
Typed or Printed Notary Name
t, Ks_COmm�'�les(on A#Gardner •
"`� Exp" 89 Notary Public-State of FL� r+
Ain- 4,2003
� denCommission No.:c& S3qAtlanfgB
Cc.,Inc.
My commission expires: 4 I l03
111111 11111111111111111111
CFN:2003088982
OR Book/Page: 4860 / 2085
4
•
Witness : GRANTEE:
CITY OF CAPE CANAVERAL,
a Florida municipal corporation
Print Name: A—tituRy Cs atv►e._
---ti+.�,„_• ,.a.. fin--- By: o c- •1 Cct,_.,-Jc)
Print Name: V.R.9,..0..o, ffet_g_s Rocky Randels
Its Mayor
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this /R--day of gmgc.ti ,
2003 by ROCKY RANDELS, Mayor of the City of Cape Canaveral,.® who is perhonally known to
me and ® who did not take an oath.
(NOTA&Yp�, F,„AAL) - Notary Public Signature
� Y �y•. SUSAN STILLS
1.. ,• MY COMMISSION 6 DD 012391u.h,4,.1 •115
ta;..,;%i EXPIRES:March 27,2005 Typed or Printed Notary Name
-1,87,0.$ Bonded Thr,Notary Public Underwriters i
Notary Public-State of Florida FL.
--- — ___ Commission No.: bb O/1-39/
111\11311111111111111111
My commission expires: Igo,1 a J zees
CFN:2003088982
OR Book/Page: 4860 / 2086
F:\Docs\City of Cape Canaveral\Villages_of Seaport\Villages_of Seaport_Easement_Final.wpd
5
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorneys at Law
Usher L. Brown Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Suzanne D'Agresta° Cocoa&Viera Jeffrey P. Buak
Anthony A.Garganese° John U.Biedenharn,Jr.
Gary S.Salzman° Joseph E.Blitch
John H.Ward Michelle H.Brett
Jeffrey S.Weiss Douglas Lambert
Jennifer A.Michael
Michelle A.Reddin
Vincent E.Scarlatos
'Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer —
'Board Certified City,County&Local Government Law
Erin J.O'Leary
Of Counsel
May 22, 2003
Susan Stills, City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
RE: Villages of Seaport - Village 7
City of Cape Canaveral / Our File No. 513-001
Dear Susan:
Enclosed please find the original recorded Development Agreement and Perpetual
Public Beach Access Easement Agreement in the above referenced matter. These
documents are being forwarded to your office for safekeeping.
If you have any questions regarding this matter, please do not hesitate to contact
our office.
Very truly yours,
J o.n Flowers, Assistant to
A nthony A. Garganese
City Attorney
AAG:jf
Enclosures
Original Development Agreement
Original Perpetual Public Beach Access Easement Agreement
225 East Robinson Street,Suite 660•P.O. Box 2873•Orlando,Florida 32802-2873
Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566
Website:www.orlandolaw.net•Email:firm@orlandolaw.net
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City of Cape Canaveral
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CAPE CANAVERAL
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.4.4774, March 19, 2003
!....coo, Brevard County
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if Clerk of the Circuit Court
F.- P. O. Box 2767
Titusville, FL 32780
Re: Seaport Oceanfront Condominium Association, Inc.
Development Agreement &
Perpetual Public Beach Access Easement Agreement
Please record the enclosed Development Agreement and Perpetual Public Beach Access ..
Easement Agreement and forward the recorded documents to the return to address..
Bill the recording charges to the City of Cape Canaveral. We will call you and make
payment by credit card.
Please call 321-868-1220/1221 if your need any assistance.
Sincerely,
--7:7-7:—..------4-e4:57--------- ---
Susan Stills, CMC
City Clerk
Enclosures (2)
1
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.us/cape _
e-mail: ccapecanaveral@cfl.rr.com