HomeMy WebLinkAboutAmbassador Services BDA 2006 i
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Prepared by and Return to: I2
..„<} City of Cape Canaveral Assistant City Attorney CFN 2006140853 6676
Brown, Garganese, Weiss & D'Agresta, P.A. OR Book/Page: 5643 f
P.O. Box 2873
Orlando, FL 32802 -2873
(407)425 -9566
SCOtt Ellis
Parcel ID Nos.: 24- 37 -15 -00 -00028 Clerk Of Courts, Brevard County
24- 37 -15 -00 -00029 #Pgs: 16 #Names: 3
24- 37 -15 -00 -00002 Trust: 8.50 Rec: 129.00 Serv:
r, - 0.00 'Excise: 0.00
24- 37 -15 -00 -00035 Mtg: 0.00 nt Tax: 0.00
1 24- 37 -15 -00 -00031
24- 37 -15 -00 -00003
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i BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, is made and executed this 30 .17/
I day of tANi W , 2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA,
a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920
(hereinafter "City"), and AMBASSADOR SERVICES INC., a Florida corporation, whose mailing
address is P.O. Box 654, 245 Challenger Road, Cape Canaveral, Florida 32920 and CANAVERAL
BULK TERMINAL, INC., a Florida corporation, whose mailing address is 20125 State Road 80
Loxahatchee, Florida 33470, (hereinafter collectively referred to as "Owner ").
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WITNESSETH:
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
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WHEREAS, Owner is the property owner of record of several parcels of land ( "the Subject
Property") located within the City of Cape Canaveral and more particularly described herein; and
WHEREAS, Owner desires to design, permit, and construct on the Subject Property a bulk
terminal conveyor belt system ( "Conveyor System ") for the purpose of transporting aggregates from
the Port of Canaveral to the Subject Property, subject to the City Council's review and approval of
a site plan depicting same; and
WHEREAS, given the unique character of Owner's Conveyor System and its location
adjacent to residential development, the City and Owner desire to address specific on -site and off-
site concerns in this Binding Development Agreement; and
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BINDING DEVELOPMENT AGREEMENT
4 City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc. 1
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WHEREAS, the City of Cape Canaveral Board of Adjustment granted Special Exception
1 00 -06 on December 11, 2000 to allow for outside storage of aggregates on Lot 2, Section 15,
Township 24 South, Range 37 East (Parcel I.D. # 24- 37- 15 -00- 00003), currently owned by
Canaveral Bulk Terminal, Inc.; and
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1 WHEREAS, the Board of Adjustment granted Special Exception 02 -04 on June 24, 2002,
1 expressly terminating Special Exception 00 -06 and allowing for the storage of aggregates on portions
1 of Parcels 2, 3, and 6, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24-37-15-00 -
00003), currently owned by Canaveral Bulk Terminal, Inc.; and
WHEREAS, the Board of Adjustment granted Special Exception 02 -03 on June 24, 2002
to allow for outside storage of aggregates on Parcel 8, Section 15, Township 24 South, Range 37
East (Parcel I.D. # 24- 37- 15 -00- 00031), currently owned by Canaveral Bulk Terminal Inc.; and
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WHEREAS, the Board of Adjustment granted Special Exception 02 -05 on June 24, 2002
to allow outside storage of vehicles, containers, military cargo and stevedoring gear on a portion of
Parcel 3, Section 15, Township 24 South, Range 37 East (Parcel I.D. # 24- 37- 15 -00- 00003),
1 currently owned by Canaveral Bulk Terminal, Inc.; and
WHEREAS, Special Exceptions 02 -03 and 02 -04 included, as a condition of approval, a
limitation on the hours of operation on the Subject Property to between the hours of 7:00 AM and
1 7:00 PM, with the exception of the operation of the Conveyor System; and
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1 WHEREAS, Owner acknowledges that it has subdivided certain parcels of the Subject
Property in violation of the requirements of Chapter 98, City of Cape Canaveral City Code; and
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1 WHEREAS, given that Owner desires the utilize all of the parcels of land making up the
Subject Property for one Conveyor System, Owner agrees to remedy the improper subdivisions by
unifying title to all the parcels of the Subject Property as one for development purposes; and
WHEREAS, Owner agrees to design, permit and construct a sight and sound barrier between
the Subject Property and adjacent residential development; and
a WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter
1 into this Binding Development Agreement to effectuate the development of Owner's Conveyor
F System subject to the terms and conditions agreed to hereunder; and
1 NOW, THEREFORE, in consideration of the mutual promises and covenants contained
h erein, the parties mutually agree as follows:
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1 Section 1. Recitals. The foregoing recitals are true and correct and are hereby
1 incorporated herein by this reference. {
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BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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1 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. Definitions. The following words and phrases contained in this Agreement
shall have the meaning set forth in this section unless the context clearly indicates otherwise:
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Agreement shall mean this Binding Development Agreement entered into between the City
i of Cape Canaveral, Florida, and Ambassador Services, Inc. and Canaveral Bulk Terminal, Inc.
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City shall mean the City of Cape Canaveral, Florida, a Florida municipal corporation.
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City Code shall mean the Code of Ordinances of the City of Cape Canaveral, Florida.
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City Council shall mean the City Council of the City of Cape Canaveral, Florida.
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City Manager shall mean the City Manager of the City of Cape Canaveral, Florida, or the
I City's Manager's designee.
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1 Conveyor System shall mean that bulk terminal conveyor belt system structure depicted in
1 Owner's site plan, as approved by the City Council and maintained on file at Cape Canaveral City
I, Hall, which acts to transport aggregates from the Port of Canaveral to the Subject Property.
Owner shall mean Ambassador Services Inc., a Florida corporation, and Canaveral Bulk
Terminal, Inc., a Florida corporation.
Subject Property shall mean that real property described in Section 4 of this Binding
Development Agreement and more particularly depicted and legally described in Composite Exhibit
1 "A" and Composite Exhibit "B," attached hereto and fully incorporated herein.
I Section 4. The Subject Property. The Conveyor System subject to the terms of this
1 Agreement is located on and across several different parcels of land located within the boundaries
of the City. Ambassador Services Inc. is the owner of four (4) parcels and Canaveral Bulk Terminal,
1 Inc. is the owner of two (2) parcels of the land which makes up the Subject Property. All six (6)
parcels of land combined make up the Subject Property. Ownership of the Subject Property is as
follows:
(a) Ambassador Services Inc. The following parcels of land are owned by Ambassador
Services, Inc. and are more particularly depicted and legally described in Composite Exhibit "A,"
attached hereto and fully incorporated herein by this reference:
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Parcel Tax I.D. # 24- 37 -15 -00 -00028
Parcel Tax I.D. # 24- 37 -15 -00 -00029
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BINDING DEVELOPMENT AGREEMENT
C ity of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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1 CFN 2006140853
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1 Parcel Tax I.D. # 24- 37 -15 -00 -00002
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Parcel Tax I.D. # 24- 37 -15 -00 -00035
(b) Canaveral Bulk Terminal, Inc. The following parcels of land are owned by Canaveral
Bulk Terminal, Inc. and are more particularly depicted and legally described in Composite Exhibit
1 "B," attached hereto and incorporated herein by this reference:
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Parcel Tax I.D. # 24- 37 -15 -00 -00031
1 Parcel Tax I.D. # 24- 37 -15 -00 -00003
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1 Section 5. Unification of Title for Subject Property. Owner acknowledges that it
1 unilaterally subdivided the parcels of land included in the Subject Property without following the
City's procedures for subdivision of land set forth in Chapter 98 of the City Code. To remedy the
1 illegal subdivision(s) of the Subject Property, and because Owner intends to utilize each of these
contiguous parcels of land for the construction of its Conveyor System, Owner agrees to the
following:
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(a) Each parcel of land included in the Subject Property shall be unified in
ownership and title for development purposes under the City's land development regulations
1 upon recording of this Agreement.
1 1 (b) Owner agrees not to sell, convey, or assign any interest in the parcels of land
1 included in the Subject Property which would cause loss of unity of ownership or title,
without first obtaining the written consent of the City.
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1 (c) Owner agrees that the unification of title shall be binding upon the heirs,
personal representative, successors and assigns of Owner and shall run with the land.
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1 Section 6. Obligations and Commitments. The City and Owner hereby agree as
follows:
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(a) Conveyor System. The City agrees that Owner shall have the right to design,
p and construct a bulk terminal conveyor belt system on the Subject Property for the
purpose of transporting aggregates from the Port of Canaveral to the Subject Property.
1 Owner shall be subject to all design, permitting and construction requirements set forth by
1 the City Code.
(b) Site Plan. Owner shall submit a site plan for its Conveyor System to the City
Council and obtain the City Council's approval of the site plan. Upon approval of the site
plan, the final approved site plan shall be considered for all intent and purposes to be part of
this Agreement by this reference.
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BINDING DEVELOPMENT AGREEMENT
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(c) Occupational License. Owner represents and warrants that it has the
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appropriate occupational license for the operation of its Conveyor System and agrees to
maintain such occupational license in good standing with the City for the duration of its
operation. The City agrees that Owner's occupational license shall apply to the operation of
its Conveyor System on all parcels of land making up the Subject Property.
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(d) Florida Department of Environmental Protection Permits. Owner represents
and warrants that it has obtained the requisite permits from the Florida Department of
1 Environmental Protection ( "DEP ") required for DEP to monitor any wastewater and/or
stormwater flow into the Banana River. Such permits shall be maintained in good standing
for the duration of operations of the Conveyor System.
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(e) Storage of Aggregate. Owner shall store all aggregate on the subject property
west of the Marlin Street extension. No aggregate storage shall be allowed east of the Marlin
Street extension.
I (f) Sprinkler System Operation. Owner shall operate its sprinkler system as often
as is necessary in order to prevent excessive dust from emanating off of the piles of
aggregates stored on the Subject Property. Owner acknowledges that the operation of its
1 sprinkler system is regulated by the St. John's River Water Management District and that
pursuant to Florida Administrative Code Rule 40C- 2.042(7), such operation is governed by
1 a general consumptive use permit by rule as long as Owner's consumptive uses of water do
not meet or exceed any permitting threshold under subsection 40C- 2.041(1). Owner agrees
that should its consumptive use of water on the Subject Property at any time meet or exceed
any permitting threshold under subsection 40C- 2.041(1), that it shall obtain the proper permit
I from the St. John's River Water Management District at that time.
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(g) Noise and Air Quality Control. The City reserves the right to monitor and
I regulate the noise and air quality (including, but not limited to, dust) generated by Owner's
Conveyor System and the Subject Property. In the event noise and/or air quality is
determined by the City to constitute a nuisance, the City reserves the right to impose
additional reasonable terms and conditions upon Owner with regard to noise and air quality
I control in furtherance of abating such nuisance. If at any time, the noise and/or air quality
is determined by the City to be a nuisance, the City shall notify Owner, in writing, of such
1 nuisance. Owner shall have ten (10) days from receipt of the City's notification to abate the
I nuisance, unless the City determines the nuisance is a serious and immediate threat to the
public health and safety and requires abatement sooner. If Owner fails to abate the nuisance
within the ten (10) day period or as otherwise required by the City, such failure to abate shall
1 be considered a default by Owner pursuant to Section 8 of this Agreement.
(h) Hours of Operation. Owner acknowledges that the special exceptions
granting various outside storage on the Subject Property included, as a condition of approval,
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BINDING DEVELOPMENT AGREEMENT i
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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1 a limitation on the hours of operation on the Subject Property to those hours beginning at
7:00 AM and ending at 7:00 PM. Notwithstanding this limitation, the operation of the
Conveyor System itself is permitted to operate at any time. Any other activity which does
not constitute the actual operation of the Conveyor System shall be strictly limited to
between the hours of 7:00 AM and 7:00 PM. The City reserves the right to further address
1 the hours of operation of the conveyor belt system if the operation becomes a public health,
safety and welfare issue.
(i) Trucks and Truck Routes. The City reserves the right to regulate the number
of trucks transporting aggregates into the City to the Subject Property. Furthermore, the City
reserves the right to regulate the route traveled by such trucks should the City determine such
regulation is warranted.
(j) Maintenance of Bulk Terminal Conveyor Belt System. Owner shall be solely
responsible for the proper maintenance of its Conveyor System. In the event the Conveyor
System is determined by the City to be damaged or deteriorated in such a way as to affect the
health, safety or welfare of the citizens of the City, or if the City determines that the
condition of the Conveyor System constitutes a Code violation or a violation of any other
applicable law, the City shall notify Owner, in writing, of such damage, deterioration, or
violation. Owner shall have ten (10) days from receipt of the City's notification to repair the
Conveyor System. Failure to repair within the ten (10) day period shall constitute a default
by Owner pursuant to Section 8 of this Agreement.
(k) Sight and Sound Barrier.
1 (i) Owner agrees to design, permit and construct a sight and sound barrier
along all boundaries of the Subject Property which abut residential development at
the time of recording this Agreement. Such barrier shall be at least sixteen feet (16')
in height and shall act to shield the neighboring residential properties from the
1 industrial sights and sounds associated with the Subject Property.
1 (ii) In fulfillment of this subsection, Owner has proposed developing two -
story combination garage /storage units for the benefit and use of the adjacent
1 condominium owners. Such development would be at Owner's sole expense. The
City agrees that upon the City Council's design approval, the construction of the
combination garage /storage units shall act to satisfy the requirements of this
subsection. Should Owner not proceed with the development of the combination
garage /storage units, Owner shall remain otherwise obligated to construct a sight and
sound barrier pursuant to this subsection.
(iii) Any sight and sound barrier constructed pursuant to this subsection
shall be subject to all design, permitting and construction requirements pursuant to
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i BINDING DEVELOPMENT AGREEMENT
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i the City Code.
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(iv) In order to satisfy this subsection, Owner shall have one (1) year from
the date of execution of this Agreement to obtain the proper permitting from the
i City's building department for the construction of the sight and sound barrier. Upon
written request of Owner, the City Council may, at its sole discretion, extend this one
1 (1) year time limit by an additional ninety (90) days, provided Owner demonstrates
good cause for the extension. Such request shall be submitted to the City Council
1 prior to the expiration of the initial one (1) year period. Further, if a building permit
is timely issued to Owner for the construction of a sight and sound barrier pursuant
to this subsection and such building permit subsequently expires, or if the
construction of the sight and sound barrier is abandoned or discontinued for a period
of three (3) months, such expiration of the building permit or abandonment of the
construction shall constitute a default by Owner pursuant to Section 8 of this
Agreement.
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Section 7. Third Party Permitee or Operator of Bulk Terminal Conveyor Belt
System. In the event that Owner leases the Subject Property to, or otherwise allows a third party to
operate the Conveyor System identified hereunder, any and all lessees or operators of said system
shall be required to execute a permit license agreement with the City as a condition precedent to
commencing operations. The permit license agreement shall fully bind the lessee or operator to all
the terms and conditions of this Agreement related to the operation of the Conveyor System as if the
lessee or operator was a party hereto. If the lessee or operator fails to comply with said terms and
conditions, the City shall have the right to hold the property owners and any lessee or operator jointly
and severally liable for any such noncompliance. Furthermore, Owner acknowledges and agrees that
the City shall not only have the right to exercise any remedy provided in this Agreement, but shall
also have the right to immediately terminate the permit license agreement. Should the permit license
agreement be terminated by the City, lessee or operator shall forfeit all rights and privileges under
said agreement and shall immediately cease operations on the Subject Property.
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Section 8. Default by Owner. Failure of Owner to perform each and every one of its
obligations as set forth in this Agreement shall constitute a default, entitling the City to pursue
whatever remedies are available to it under Florida law or equity including, without limitation, an
action for specific performance and/or injunctive relief or, alternatively, the termination of this
1 Agreement. Prior to filing any action or terminating this Agreement as a result of Owner' s default
under this Agreement, the City shall first provide Owner with written notice of said default. Upon
1 receipt of said notice, Owner shall be provided ten (10) calendar days in which to cure the default
to the City's complete satisfaction. If the City elects to terminate this Agreement, Owner shall lose
all rights and privileges under this Agreement.
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Section 9. Representations of the Parties. The City and Owner hereby each represent
and warrant to the other that it has the power and authority to execute, deliver and perform the terms
BINDING DEVELOPMENT AGREEMENT
a City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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1 and provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
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1 delivered by the City and Owner, constitute a legal, valid and binding obligation enforceable against
1 the parties hereto and the Subject Property in accordance with the terms and conditions of this
1 Agreement.
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1 Section 10. Successors and Assigns. This Agreement shall automatically be binding
upon and shall inure to the benefit of the City and Owner and their respective successors and assigns.
1 The terms and conditions of this Agreement similarly shall be binding upon the Subject Property and
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I shall run with title to the same.
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i Section 11. Applicable Law. This Agreement shall be governed by and construed in
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I accordance with the laws of the State of Florida.
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1 Section 12. Amendments. This Agreement shall not be modified or amended except by
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I written agreement duly executed by both parties hereto (or their successors or assigns) and approved
by the City Council.
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1 Section 13. Entire Agreement This Agreement supersedes any other agreement, oral
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1 or written, and contains the entire agreement between the City and Owner as to the subject matter
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4 hereof.
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1 Section 14. Severability. If any provision of this Agreement shall beheld to be invalid
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i or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
1 respect the validity or enforceability of the remainder of this Agreement.
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, Section 15. Effective Date. This Agreement shall become effective upon approval by
1 the City Council and execution of this Agreement by both parties hereto.
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1 Section 16. Recordation. This Agreement shall be recorded in the Public Records of
Brevard County, Florida.
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1 Section 17. Relationship of the Parties. The relationship ofthe parties to this Agreement
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1 is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein
1 shall be deemed to create a joint venture or principal-agent relationship between the parties, and
1 neither party is authorized to, nor shall either party act toward third persons or the public in any
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1 manner, which would indicate any such relationship with the other.
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1 Section 18. Sovereign Immunity. Nothing contained in this Agreement shall be
g construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
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i Statutes, whereby the City shall not be liable, under this Agreement, for punitive damages or interest
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1 for the period before judgment nor shall the City be liable, under this Agreement, to any one person
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i BINDING DEVELOPMENT AGREEMENT
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for more than $100,000 for any claim or judgement or more than $200,000 for any claim or
judgement arising out of the same incident or occurrence. Furthermore, should any other limitation
be imposed on the City's potential liability under state or federal law, the limitation that imposes the
least amount of liability on the City shall apply as if said limitation is a material part of this
J. Agreement.
Section 19. City's Police Power. Owner agrees and acknowledges 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, surrendering, or limiting its police powers.
Section 20. Interpretation. The parties hereby agree and acknowledge that they have
b participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation to this Agreement in the event of a dispute between the
parties.
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Section 21. Third -Party Rights. This Agreement is not athird -party beneficiary contract
and shall not in any way whatsoever create any rights on behalf of any third party.
Section 22. Specific Performance. Strict compliance shall be required with each and
every provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
Fees. In connection with any arbitration or arising out litigation Section 23. Attorney's y g
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.
Section 24. Development Permits. Nothing herein shall limit the City's authority to grant
or deny any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State and/or
Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of
complying with the law governing said permitting requirement, condition, term or restriction.
Without imposing any limitation on the City's police powers, the City reserves the right to withhold,
suspend, or terminate any and all certificates of occupancy, special exception, occupational license,
or other permit of any kind whatsoever for the operation of the Conveyor System or for any building
or unit on the Subject Property if Owner is in breach of any term and condition of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year written above.
[EXECUTION PAGES FOLLOW]
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BINDING DEVELOPMENT AGREEMENT
1 City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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minnonnommonor
CITY OF CAPE CANAVERAL:
G24
w4 By:
Rocky Randels,mayor
*TESTI . • 't •`
3 • Stills,City C erk
Approve', as to legal form and sufficiency:
/ebb
• HONY A. GARGANESE,City Attorney
BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral/Ambassador Services Inc.&Canaveral Bulk Terminal,Inc.
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CFN 2006140853
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AMBASSADOR SERVICES INC.:
By:
Title: 1/; /o
Print Name: - "JQa LL Mill
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WITNESSES: -
re , /
.V.! / tO Cegita 1.4 A!.d.
Print Name: A* }<A ie Oldi r
./_2 4/ . - /f /__
Print Name: I('A T14-LE E N K g4/,4/6 V
STATE OF FLORIDA )
COUNTY OF g,Eugo )
e foregoing instrument was acknowledged before me this 2 °/ day of Mme, 2006,
by �/ ii4.L( /vb as Y, p of Ambassador
Services Inc., a Florida co NI who is personally known to me or [ ] produced
as identification.
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_ Notary Pu is - State of Florida
• _ 4 ' . MY COMMISSION # DD 328449
W„..--...."'- a: EXPIRES: July 18, 2008 506 AK) K �r5o T 15
� �, j ff,t+4t' Bonded uwsa nm, Notary Pnesnet«s
Print Name
My Commission Expires JULY 1e, 20
BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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CANAVERALBULKT '• • INC..:
By: k
Title: i?..
Print Name: Vrsv. TtC A - Lock
]
WITNESSES:
Print Name: C, ,24/ 0 er
L ' l ih?
Print Name: j- 1j t i of
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STATE OF FLORIDA
� )
COUNTY OF1 atNI1 CL )
The foregoing ins ment was acknowledged bef this 3o day off, 2006,
b �1J c (,I.Q I , �( as iri0 of Canaveral
Bulk TermiV al, Inc., a Florida corporation, [ 4 is personally known to me or [ ] produced
as identification.
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1, • 46A C
..11100/ Notary Public -State of lorida
Print Vame
My Commission Expires
BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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COM P051 E
LEGAL DESCRIPTION: (AMBASSADOR SERVICES, INC.)
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37
EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH,
RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION
CORNER DOCUMENT NO. 0018707, 4- 10 -84); THENCE S 00 E, ALONG
THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE
POINT -OF- BEGINNING; THENCE CONTINUE S 00 47'35" E, ALONG SAID EAST
LINE, A DISTANCE OF 1386.79 FEET TO THE SOUTH LINE OF THE LANDS
DESCRIBED IN DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF
BREVARD COUNTY, FLORIDA; THENCE N 89 "52'44" W, ALONG SAID SOUTH
LINE, A DISTANCE OF 225.03 FEET; THENCE N 00" 47'35" W, A DISTANCE
OF 451.30 FEET; THENCE N 89 52'44" W, A DISTANCE OF 218.20 FEET;
THENCE N 23"08'26" E, A DISTANCE OF 532.32 FEET; THENCE
N 00 E, A DISTANCE OF 445.25 FEET TO THE SOUTH PROPERTY LINE
OF THE CANAVERAL PORT AUTHORITY; THENCE S 89 55'48" E, ALONG SAID
SOUTH LINE A DISTANCE OF 221.08 FEET TO THE POINT -OF- BEGINNING.
CONTAINING 8.393 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY
EASEMENTS OR RIGHTS -OF -WAY OF RECORD.
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LEGAL DESCRIPTION: ( CANAVERAL BULK TERMINAL, INC.)
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37
EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 15. TOWNSHIP 24 SOUTH
RANGE 37 EAST (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION
CORNER DOCUMENT NO. 0018707, 4- 10 -84); THENCE S 00 "47'35" E, ALONG
THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE
SOUTH LINE OF THE CANAVERAL PORT AUTHORITY; THENCE CONTINUE
S 00"47'35" E, ALONG SAID EAST LINE, A DISTANCE OF 1386.79 FEET TO
THE SOUTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311 OF
THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE
N 89 52'44" W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.03 FEET TO
THE POINT - OF- BEGINNING; THENCE CONTINUE N 89"52'44" W, ALONG SAID
LINE, A DISTANCE OF 720.47 FEET TO THE WEST LINE OF SAID LANDS;
THENCE N 24 "36'56" W, ALONG SAID WEST LINE, A DISTANCE OF 496.83
FEET; THENCE S 89"52'44" E, A DISTANCE OF 268.17 FEET; THENCE
N 00"'00'00" E, A DISTANCE OF 174.90 FEET TO THE SOUTH LINE OF THE
LANDS OF AFORESAID CANAVERAL PORT AUTHORITY; THENCE WITH AND ALONG
SAID LANDS THE FOLLOWING TWO COURSES, TO WIT; N 89 54'08" E, A
DISTANCE OF 112.88 FEET; THENCE N23 E, A DISTANCE OF 545.64
FEET; THENCE N 90"00'00" E, A DISTANCE OF 296.69 FEET; THENCE
S 00 00'00" W, A DISTANCE OF 188.22 FEET; THENCE S 23 08'26" W, A
DISTANCE OF 532.32 FEET; THENCE S 89"52'44" E, A DISTANCE OF 218.20
FEET; THENCE S 00 47'35" E, A DISTANCE OF 451.30 FEET TO THE POINT -
OF- BEGINNING.
CONTAINING 14.496 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY
EASEMENTS OR RIGHTS -OF -WAY OF RECORD.
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OFFICIAL RECORDS BOOK 435. PAGE 290
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BEACH MAPPING AND SURVEYING — - —
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