HomeMy WebLinkAboutcocc_holiday_inn_time_ext_d.a._20200428THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese.
City Attorney of Cape Canaveral
Garganese, Weiss, D'Agresta & Salzman, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802
(407) 425-9566
HOLIDAY INN CLUB VACATIONS
CAPE CANAVERAL BEACH RESORT
(Formerly known as CAPE CARIBE)
TIME EXTENSION TO
BINDING DEVELOPER'S AGREEMENT
THIS TIME PERIOD EXTENSION TO BINDING DEVELOPER'S AGREEMENT ("Time
Extension Agreement") is made on this 28th day of April , 2020 by and between the CITY
OF CAPE CANAVERAL, a Florida Municipal Corporation ("City") and HOLIDAY INN CLUB
VACATIONS INCORPORATED, a Delaware corporation, as successor in interest to OLCC
FLORIDA, LLC., "Owner") whose principal address is 9271 S. John Young Parkway, Orlando,
Florida 32819.
WITNESSETH:
WHEREAS, this Time Period Extension Agreement is for the sole purpose of extending
the development schedule time period to file building permits to construct the second of the
unconstructed Remaining Buildings under the developer's agreement entered into by the
Parties pursuant to the Florida Municipal Home Rule Powers Act,codified in Chapter 166, Florida
Statutes; and
WHEREAS, Owner is the successor in fee simple title to Cape Caribe, Inc. and is the
current fee simple owner of record of certain real property and holds easements over certain
real property located within the City of Cape Canaveral and more particularly described herein
("Property"); and
WHEREAS, Owner's predecessor in fee simple title and the City previously entered into
that certain Binding Developer's Agreement recorded on and with an Effective Date of April 22,
2010 in the Public Records of Brevard County, Florida at Official Records Book 6152, Page 2042,
as amended by that certain Modification to Binding Developer's Agreement recorded on
January 18, 2012 in Official Records Book 6521, Page 1746 of the Public Records of Brevard
County, Florida and that certain Second Modification to Binding Developer's Agreement on
January 21, 2014 in Official Records Book 7054, Page 2186 of the Public Records of Brevard
County, Florida (collectively referred to as "BDA"); and
WHEREAS, Section 10.1.2 of the BDA requires Owner to submit the building permit
application to construct the second building of the unconstructed Remaining Buildings no later
than April 22, 2020; and
WHEREAS, the Parties however are currently negotiating a third modification to the
BDA to present to the City Council for consideration which potentially may change the site plan
for the western most vacant portion of the Property and the phased development schedule
under Section 10.0 of the BDA for the unconstructed Remaining Buildings; and
WHEREAS, due to the COVID-19 Emergency, the completion of the third modification
to the BDA has been delayed and could not be completed prior to the April 22, 2020 deadline,
and the Parties therefore desire additional time to complete the draft third modification to the
BDA as set forth herein prior to Owner being required to submit building permits for the second
building of the unconstructed Remaining Buildings; and
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:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 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.
3.0 Extension of Time under Section 10.1.2. The Parties agree that the building
permit application to construct the second building of the unconstructed Remaining Buildings
shall be submitted to the City no later than July 22, 2020 unless otherwise agreed in writing by
the Parties.
4.0 No Recordation. This Time Extension Agreement shall not be recorded in the
public records of Brevard County, Florida.
5.0 Miscellaneous. All terms and conditions of the BDA and other development
approvals by the City for the project, which are not expressly and specifically modified by this
Time Extension Agreement, shall continue to remain in full force and effect. For purposes of
future contract interpretation, the parties agree that the BDA, as amended by this Time
Extension Agreement shall collectively be referred to as the "BDA" or "Agreement."
Time Extension Agreement
City of Cape Canaveral / Holiday Inn Club Vacations
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates
indicated below.
CITY:
City of Cape Canaveral,
a Florida municipal corporation
By:
Bob Hoog, Mayor
Date:4/22/20
ATTEST:
By:
Mia Goforth, CMC, City Clerk
APPROVED AS TO FORM AND
LEGALITY For the use and reliance of the
City of Cape Canaveral, Florida only
Date: 4/22/20
By:
Anthony A. Garganese
City Attorney, for the
City of Cape Canaveral, Fl.
Time Extension Agreement
City of Cape Canaveral / Holiday Inn Club Vacations
Page 3 of 4
SEAL of Cape Canaveral, Fl.
HOLIDAY INN CLUB VACATIONS
INCORPORATED,
By:
Print Name: Brian T. Lower
Title: Managing Member
Date: April 28, 2020
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of (X) physical
presence or ( ) online notarization this 28th day of April, 2020 by Brian T. Lower, as
Managing Member of Holiday Inn Club Vacations Incorporated, as successor in interest
to OLCC Florida , LLC, a Delaware corporation on behalf of said company. He is personally
known to me or produced as identification.
Notary Public Signature
Doreen Ann Varricchio
Print Name
(NOTARY SEAL) Notary Public, State of Florida
Commission No.: GG269304
Notary Public Stare ofFlonda My Commission Expires: 2/5/2023
Doreen Ann Varricchio
My Commisson GG 289304
Expires 02/05/2023
Time Extension Agreement
City of Cape Canaveral / Holiday Inn Club Vacations
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