HomeMy WebLinkAboutAmbassador Services BDA Amdmt 2009 a
CFN 2008239477 OR BK 5904 PAGE 7183,
Recorded 12/29/2008 at 01:43 PM Scott Ellis Clerk of
Courts Brevard County
} Prepared by and Return to: # Pgs:4
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
AMENDMENT TO BINDING DEVELOPMENT AGREEMENT
This AMENDMENT TO BINDING DEVELOPMENT AGREEMENT ( "Amendment "),
is made and entered into this 0 day of j)(,a fiyc.K , 2008 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 AMBASSADOR SERVICES INC., aFlorida
corporation, whose principal address is 245 Challenger Road, Cape Canaveral, Florida 32920 and
{ CANAVERAL BULK TERMINAL, INC., a Florida corporation, whose principal address is 20125
State Road 80 Loxahatchee, Florida 33470, (collectively referred to as "Owner ").
WITNESSETH:
WHEREAS, the City and Owner entered into a Binding Development Agreement on March
30, 2006 ( "Agreement "), recorded in the Brevard County Official Record Book 5643, Page 6676,
providing for specific on -site and off -site regulations related to Owner's transportation of aggregates;
and
WHEREAS, the Agreement prohibits Owner from storing aggregate east ofthe Marlin Street
extension; and
WHEREAS, Owner's operation has experienced tremendous growth and Owner now desires
to store aggregate east of the Marlin Street extension; and
WHEREAS, on December 3, 2008, the Cape Canaveral Board of Adjustment granted
Owner's request for special exception to expand Owner's aggregate storage capacity east of the
Marlin Street extension with the condition that the bottom of aggregate piles be located no closer
than 35 feet from the eastern boundary of the subject property; and
WHEREAS, City and Owner desire to amend the Agreement so as to allow the storage of
aggregate east of the Marlin Street extension; and
NOW THEREFORE, in consideration of the mutual covenants and conditions contained
AMENDMENT TO BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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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. Section 6(e) of the Agreement, related to
Storage of Aggregate, is hereby deleted in its entirety and replaced by the following provision:
"(e) Storage of Aggregate. Owner may store aggregate on the subject property
both east and west of the Marlin Street extension. Any aggregate storage east of the
Marlin Street extension shall be maintained so that there exists a buffer of at least 35
feet between the bottom of the aggregate pile and the eastern boundary of the subject
property.
Section 3. Remaining Terms & Conditions. All other terms and conditions of the
4 Agreement not expressly modified herein shall remain in full force and effect.
Section 4. Recordation. Upon approval and full execution of this Amendment by all
parties hereto, the City Clerk shall record this Amendment in the Public Records of Brevard County,
Florida.
Section 5. Effective Date. This Amendment shall become effective immediately upon
execution by all parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date
first above written.
CITY OF CAPE CANAVERAL:
r ` C2 Q at■-•€-% S
By:
Rocky Randels; Mayor
ATTEST:
Susan,Stills, City Clerk
Approve . . s to legal form and sufficiency:
THONY A. GARGANESE, City Attorney
AMENDMENT TO BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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AMBA _ .: i = - . ' VICES INC.:
Title: -5"41.1,
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Print Name: IC rye A/
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WITNESSES: -
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I Print Name: c.,:......4 A abECEi4asle
0 / Coia.....„,......2
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4 Print Name: 1 .311j� :
STATE OF FLORIDA ) •
1 COUNTY OF , 2 '(4 j ,Q
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1 regoing instrument was acknowledged before me this day of UitC-,- 2008,
by ' 4&j 4 . 4 _ as 4/. A245- of Ambassador
5 Services Inc.,, Florida corporatio [ who is personally known to me or [ ] produced
I A/ A_ as identification.
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1. 646tee .uue.ee,n.u.p��iNN�ggqiiae /
SUZANNE O. KHOURy Aliliellb .
1 i (4 \ Caron* 0 '" �� ■ Not i ublic — State o lorida
3 rcZ E
' NoanA..�, Ino e
.............. ...........e..e...........e... Print Name
7/ ///My
Commission Expires
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AMENDMENT TO BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc_
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CANAVERAL BULK TERMINAL, INC.:
By:
Title: _ Ac,5
Print Name: �ni'i u-c A (o^'t
WITNESSES:
Print ame: ►2 /$ E r r
f / /� 7
• it Name: t,rz&sk /tlilr'at
STATE OF FLORIDA )
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COUNTY OF 1 2cd)
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The foregoing instrument was acknowledged before me this I d ay of l , 2008,
3 by f ( u _ ` r� - as p .p s l -�- of Canaveral
Bulk Terminal, Inc., a Florida corporation, [ ]"who is personally known to me or [ ] produced
i\ 1 1A-- as identification.
Notary Public - State of Florida
•
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Print Name
My Commission Expires
„ NILSA RIVERA
' •`;��"Y °O A < Notary Public - State of Florida
I. .� My Commission Expires Sep 30, 2011
" Al Commission # DD 709639
% ,a Bonded Through National Notary Assn.
AMENDMENT TO BINDING DEVELOPMENT AGREEMENT
City of Cape Canaveral / Ambassador Services Inc. & Canaveral Bulk Terminal, Inc.
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