HomeMy WebLinkAboutMartin Marietta Materials Binding Development Agreement 2010. tom ...... ... .. .
Prepared by and Return to:
Katherine W. Latorre, Esq.
Cape Canaveral Assistant City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802 -2873
(407) 425 -9566
Parcel ID Nos.: 24- 37- 15 -00- 00002.0- 0000.00
24- 37 -15 -00- 00031.0- 0000.00
CFN 2010222299, O R 6 K 6279 PAG E 1459,
Recorded 1 1/1 5120 10 at 03:38 PM, Scott Ellis, Clerk of
Courts, Brevard County
# Pgs:4
SECOND AMENDMENT TO
BINDING DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO BINDING DEVELOPMENT AGREEMENT ( "Second
Amendment "), is made and entered into this' 19t Way of October , 20 10 by and between the
CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105
Polk Avenue, Cape Canaveral, Florida 32920 ( "City "), and MARTIN MARIETTA MATERIALS,
INC., a North Carolina corporation authorized to conduct business in Florida, whose address is 2710
Wycliff Road, Raleigh, North Carolina 27607 -3033 ( "Owner ").
WITNESSETH:
WHEREAS, Owner is the fee simple owner of the real property ( "Property") subject to this
Second Amendment by virtue ofthe Special Warranty Deed recorded at Brevard County Official Record
Boole ( "ORB ") 6122, Page 73; and
WHEREAS, the Property is subject to the terms of that Binding Development Agreement with
the City dated March 30, 2006, and recorded at ORB 5643, Page 6676, as amended by that Amendment
to Binding Development Agreement dated December 22, 2008 and recorded at ORB 5904, 7183
(collectively referred to "Agreement "); and
WHEREAS, the Agreement provides for specific on -site and off -site regulations related to the
transportation of aggregates; and
WHEREAS, the Agreement includes a unity of title provision, which prohibits Owner froze
conveying any interest in the Property which would cause loss of unity of ownership or title without first
obtaining the written consent of the City; and
WHEREAS, Owner desires to convey title to a portion of the Property and has submitted a lot
split application to the City pursuant to section 98 -66 of the City Code; and
WHEREAS, City and Owner desire to amend the Agreement to authorize Owner to convey title
to a portion of the Property; and
SECOND AMENDMENT TO
BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Martin Marietta Materials, Jnc.
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UL
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the sufficiency of which are acknowledged by the parties, the parties agree to amend the
Agreement as follows:
Section 1. Recitals. The foregoing recitals are hereby deemed to be true and correct and
are fully incorporated herein by this reference.
Section 2. Amendment to Agreement Owner shall be permitted to convey title or interest
to that portion of the Property legally described in Exhibit "A," attached hereto and fully incorporated
herein by this reference_ The remainder of the Property subject to the Agreement shall remain unified
in title and ownership for development purposes consistent with the requirements of the Agreement.
Section 3. Remaining Terms & Conditions. All other terms and conditions of the
Agreement not expressly modified herein shall remain in full force and effect and the Property, including
any portion conveyed pursuant to the authority granted herein, shall continue to be bound by same.
Section 4. Recordation. Upon approval and full execution of this Second Amendment by
all parties hereto, the City Clerk shall record same in the Public Records of Brevard County, Florida.
Section 5. Effective Date. This Amendment shall become effective immediately upon
execution by all parties hereto and upon the City Council's adoption of Resolution 2010, approving
Owner's application for a lot split.
IN WITI_i the parties hereto have executed this Second Amendment on the
date first aboV
CITY OF CAPE CANAVERAL:
By: ��" la.�
Rocky Randels, Mayor
A
e
Approv as to'legal'form and sufficiency:
- /Z , �
Anthony A. Garganese, City Attorney
SECOND AMENDMENT TO
BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Martin Marietta Materials, Inc.
2 of 3
MARTIN MARIETTAMATERTALS, INC.:
B y : C L
Title:
Print Name:
WITN
Print Name: n h t
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Pri Name: OrCfl (;
STATE OF N(}� ftf � Ink
COUNTY OF IJ� AY )
Tile foregoing instr ment was acknowledged before me this day ; 2010, by
as �/i of Martin Marietta
Materials, Inc., a Rorth Carolina corporation, M who is personalty known to me or [ ] produced
as identification.
NOTARY R` Notary Public — State of
PUBLI
� MOU1 Print Name
7111p I 1 1111555
My Commission Expires
SECOND AMENDMENT TO
BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Martin Marietta Materials, Inc.
3 of 3
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A P¢RCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37
EASY, TALLAHASSEE BASE !MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS=
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 15 iA DEPARTMENT OF
NATURAL RESOURCES CERTIFIED SECTION CORNER, DOCUMENT NO. 00187707,
4 -10 -843. THENCE S00' 47 1 35 "E. ALONG THE EAST LINE OF SAID SECTION
15, A DISTANCE OF 559.00 FEET TO THE POINT -OF- BEGINNING. THENCE
N89 55'48"W. ALONG THE SOUTH LINE OF THE CANAVERAL PORT AUTHORITY A
DISTANCE OF 191.52 FEET; THEN& SOO" 13'48 "E, A DISTANCE OF 361.25 FEET.
THENCE S45 00'00 "E, A DISTANCE OF 11.87 FEET. 'THENCE S45 00'00 "W, A
DISTANCE OF 11.80 FEET. THENCE SOO.13'48 "E, A DISTANCE OF 370.24 FEET.
THENCE S45. 00'00 "E, A DISTANCE OF 13.64 FEET. THENCE S45 00'OO "W,A
DISTANCE OF 14.44 FEET. THENCE S00. 13'48 "E, A DISTANCE OF 167.27 FEET
TO THE NORTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311.
THENCE S89" 52'44 "E, ALONG SAID LIFE, A DISTANCE OF 201.52 FEET TO THE
AFORESAID EAST LINE OF SECTION 15. THENCE N00 47'35"W, ALONG SAID LINE.
A DISTANCE OF 935.49 FEET TO THE POINT -OF- BEGINNING.
CONTAINING 4,212 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY
EASEMENT'S AND /OR RIGHTS -OF -WAY OF RECORD,
EXHIBIT
A