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HomeMy WebLinkAboutcocc_council_mtg_packet_20241203_specialCAPE CANAVERAL CITY COUNCIL SPECIAL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA Tuesday December 3, 2024 6:00 P.M. Please email public comments before noon to: cityclerk@capecanaveral.gov For remote options, please visit: www.cityofcapecanaveral.org/city_meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS All Agenda Section times are estimates and subject to change. PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. ITEM FOR ACTION Consider Owner's Request to amend the Port of Call Facility Development Agreement between the City of Cape Canaveral and Wave Developments LLC for the multi -phase Wave Village Development located at 8801 Astronaut Boulevard. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING • DECEMBER 3, 2024 AGENDA ITEM SUMMARY Subject: Consider Owner's Request to amend the Port of Call Facility Development Agreement between the City of Cape Canaveral and Wave Developments LLC for the multi -phase Wave Village Development located at 8801 Astronaut Boulevard. Department: City Attorney/Community & Economic Development Summary: On September 17, 2019, City Council approved the original (Attachment 1) Wave Village Development Agreement (DA) with Wave Developments, LLC (Owner) for a Port -of -Call Facility, within the A1A Economic Opportunity Overlay District (EOOD) and defined as a "tourist -related use with a range of uses which may include, but is not limited to commercial parking, transportation transfer facility, vehicle rental, taxi service, retail, restaurants visitor/information center, provision for hotel, and other tourist support services" (City Code Section 110-592). Such a facility also requires consistency with the goals of the EOOD as follows. • Create attractive, functional, and lasting buildings and places. • Encourage the design, construction and operation of buildings and places that are environmentally responsible, sustainable and healthy places to live, work, and play. • Promote, preserve and enhance the physical appearance of the Highway A1A corridor and contribute to the EOOD's unique sense of place. • Encourage the use of quality materials in building development. • Encourage a project that adds to a pedestrian friendly retail environment and contributes to the safety and comfort of both pedestrian and automobile traffic. • Provide direction in site planning and to ensure a high degree of design quality in development within the EOOD through the use of Design Guidelines and Standards set forth in the City Code. • Enhance and protect the City's commercial corridors and primary entrances into the City of Cape Canaveral. The Owner completed Phase 1 of the project (existing retail and restaurant building), receiving a Certificate of Occupancy (CO) on September 30, 2013. Since the effective date of the DA, September 17, 2019, the Owner made consecutive 12-month extension requests for the remaining phases. Accordingly, the remaining three (3) phases have not been developed. Earlier this year, rather than seek an additional 12-month extension, the Owner submitted a revised DA, modifying Phase 2 to accommodate a food hall and shift the construction of Vacation Apartment Rental units to Phases 3 and 4. Additionally, at the time, the Owner submitted revised phasing terms and concept plans and requested that the phasing schedule for Phases 3 and 4 be based on tenant occupancy of the previous phases. Negotiations between City Staff and the Owner resulted in mutual agreement to the revised terms and concept plans, except the phasing schedule required to file and obtain permit approval for Phases 3 and 4. Staff offered a maximum of up to eight (8) years to file and obtain permit approval for Phases 3 and 4. Additionally, due to the complexity of trying to determine and verify tenant occupancy, and the Owner's simultaneous control over occupancy via leasing, Staff proposed to maintain phasing based on calendar dates only. The Owner agreed to maintain phasing based on calendar dates and not use tenant occupancy. City of Cape Canaveral City Council Special Meeting • December 3, 2024 Agenda Item Page 2 of 3 However, the Owner disagrees with Staff's proposed eight (8) years to file and obtain permit approval for Phases 3 and 4. Staff proposes that the applications be filed no later than six (6) years after the previous Phase has obtained a CO, and permits be obtained no later than two (2) years thereafter, for a total of eight (8) years to obtain permits for each Phase. On the other hand, the Owner proposes that the applications be filed no later than ten (10) years after the previous Phase has obtained a CO, and the permit be obtained no later than two (2) years thereafter for a total of twelve (12) years to obtain the permit for each Phase. The parties agree that each phase includes an additional two-year timeframe for construction of each Phase. The proposed DA, amended and restated, is included as Attachment 2. The City accepts the Owner's proposed use revisions as follows. USES by PHASE Phase Original Use Revised Use Status 1 1 restaurant + 1 retail unit 1 restaurant + 1 retail unit Completed 2 32 Vacation Apartment Rental units, Food hall, restaurant, retail, Agreed retail, restaurant, other uses under other uses under Code Code 3 32 Vacation Apartment Rental units, 64 Vacation Apartment Rental Agreed retail, restaurant, other uses under Uses, other uses under Code Code 4 40 Vacation Apartment Rentals, Up to 40 Vacation Apartment Agreed parking garage Rentals, parking garage Owner and Staff agree with the proposed phasing schedule for Phase 2. However, as explained above, Owner and Staff have a disagreement regarding the new phasing schedule for Phases 3 and 4 as follows. PHASING SCHEDULE Phase Original Staff Proposed Owner Proposed 1 CO issued 9/30/13 CO issued 9/30/13 CO issued 9/30/13 2 After effective date of After revised effective date After revised effective date 9/17/19: of 12/3/24: of 12/3/24: 2 years to file plans and 2 years to file plans and 2 years to file plans and obtain approval, then 2 obtain approval, then 2 obtain approval, then 2 years years to construct (4 years to construct (4 years to construct (4 years total), years total), subject to total), subject to annual subject to annual extension annual extension extension requests requests requests 3 After Phase 2 CO: After Phase 2 CO: After Phase 2 CO: 3 years to file plans and 6 years to file plans, 10 years to file plans, obtain approval, 2 years to obtain plan 2 years to obtain plan 2 years to construct permit approval, permit approval, 5 years total, subject to 2 years to construct 2 years to construct annual extension 10 years total, subject to 14 years total, subject to requests annual extension requests annual extension requests City of Cape Canaveral City Council Special Meeting • December 3, 2024 Agenda Item Page 3 of 3 4 After Phase 3 CO: After Phase 3 CO: After Phase 3 CO: 3 years to file plans and 6 years to file plans, 10 years to file plans, obtain approval, 2 years to obtain plan 2 years to obtain plan 2 years to construct approval, approval, 5 years total, subject to 2 years to construct 2 years to construct annual extension 10 years total, subject to 14 years total, subject to requests annual extension requests annual extension requests For the City Council's convenience,Attachment 3 graphically depicts the significant time differences between the Original Phasing Schedule and the two proposed Phasing Schedules. Submitted by: Brianna Soat, Todd Morley, Anthony Garganese Attachments: 1. Original Development Agreement 2. Proposed Revised Development Agreement 3. Phasing Comparison Graphic 4. Renderings Financial Impact: Deferred ad-valorem tax revenue; Staff time to prepare agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: Consider Owner's Request to amend the Port of Call Facility Development Agreement between the City of Cape Canaveral and Wave Developments LLC for the multi-phase Wave Village Development located at 8801 Astronaut Boulevard. If Council supports the approval of the Agreement, Council must select Owner's or Staff's recommended Phasing Schedule for Phases 3 and 4, or provide direction regarding a different Phasing Schedule. Approved by City Manager: Todd Morley Attachment 1 Prepared by and Return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 CFN 2019205035, OR BK 8542 PAGE 727, iRecorded 09/19/2019 at 11:46 AM, Scott Ellis, Clerk of Courts, Brevard County # Pgs:23 PORT OF CALL FACILITY DEVELOPMENT AGREEMENT FINAL THIS DEVELOPMENT AGREEMENT ("Agreement") is made this 17th day of September, 2019, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC, a Florida limited liability company authorized to conduct business in Florida ("Owner"). RECITALS: WHEREAS, this Agreement is a development agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, the City recognizes the need to plan for orderly growth and development and to attract tourism; and WHEREAS, Owner is the current fee simple owner of record of certain real property consisting of approximately five (5) acres, more or less, located at 8801 Astronaut Boulevard within the City of Cape Canaveral and more particularly described in Section 3 herein ("Property"); and WHEREAS, a portion of the Property is currently developed with a retail and restaurant center of approximately 16,800 sq. ft. in area ("Phase 1"), a putt -putt golf and arcade center, related infrastructure and amenities, including parking; and WHEREAS, in addition to the current retail and restaurant uses on the Property, Owner desires to redevelop the remaining portion of the Property, together with Phase 1, in several additional phases into what will eventually be a "Port of Call" complex featuring commercial, retail, Vacation Apartment Rentals (as defined below) and other uses allowed by City Code ("Proj ect"); and WHEREAS, Owner intends the Port of Call facility to serve as a regional tourist, and hospitality hub to the visitors and residents of Cape Canaveral and the surrounding communities; and WHEREAS, Owner also desires to enhance the Property during development by constructing Phase 2, Phase 3 and Phase 4 in a manner consistent with the standards and requirements of the City's A1A Economic Opportunity Overlay District ("EOOD"); and 1 Development Agreement Wave Developments, LLC WHEREAS, the City has determined that the proposed redevelopment of the Property is consistent with and furthers the City's goals of encouraging, supporting and creating tourism, and creating attractive, functional and lasting buildings and places; and WHEREAS, the parties anticipate that the proposed redevelopment of the Property when completed will add substantial value to the City's ad valorem tax base and enhance, define and promote the commercial corridor and primary entrance to the City of Cape Canaveral; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan, Land Development Regulations, and Vision Statement; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this agreement to effectuate the phased development of the Property, subject to the terms and conditions agreed to hereunder; 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: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 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, and is a condition precedent and requirement to create a Port of Call facility under the EOOD. Section 3. The Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference ("Property"). Section 4. Effective Date of Agreement. This Agreement shall be effective upon full execution by both parties hereto and upon recording by the City with the Clerk of the Court for Brevard County, Florida ("Effective Date"). Section 5. Phased Development of Property. Owner shall develop the Property pursuant to the terms and conditions of this Agreement and all applicable laws. The Property shall be developed as one (1) unified and harmonious project in four (4) total phases that are compatible in design, appearance and use with each other. Except for Phase 1 which has already been completed by Owner, each of the additional three (3) phases will be permitted and constructed substantially similar to the conceptual plan referenced and attached herein for the respective phase. Each conceptual plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The conceptual plans shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of each phase of the Property. Owner shall have the obligation to further submit and obtain the City's approval of a final site plan, building plans and architectural plans consistent with the conceptual plans in all material respects and in compliance with the City Code. The buildings illustrated on the conceptual plans are intended to be for illustrative purposes only and may be modified during the 2 Development Agreement Wave Developments, LLC City's permitting process so long as the buildings comply with the development standards set forth in this Agreement and the City Code. Owner acknowledges and agrees that the conceptual plans were not created with specific surveyed dimensions and that during the final permitting process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable provisions of the City Code. The conceptual plans shall be subject to reasonable adjustments at the final permitting phase in order to bring the proposed phased development project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the buildings, signage, landscaping, entrances, utilities, parking and other site improvements may vary slightly between conceptual plan approval and approval of the final site plan and other development permits so long as the total square footage of the buildings, total unit number, total signs and square footage will not be less than expressly stated in this Agreement unless agreed to by the Owner and City in writing, with the exception of reductions that otherwise may be required by applicable City Codes. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the conceptual plans. The phased development of the Property shall occur as follows: A. Phase 1 — Existing Retail and Restaurant Use. Phase 1 has been developed consistent with the Site Layout Plan attached hereto as Exhibit "B" and shall be maintained, together and along with Phases 2, 3, and 4 as a Port of Call facility in accordance with the terms and conditions of this Agreement. B. Phase 2 —Additional Retail, Restaurant Uses, Vacation Apartment Rental Uses and other permissible uses under the City Code. Phase 2 shall include the development of a new mixed -use building to be used as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, gift shops, apparel stores, information centers, travel agencies, bicycle and other small recreational equipment rental, and other similar and complementary retail and service uses. In addition, Phase 2 shall include thirty-two (32) Vacation Apartment Rental units as described in subsection 5(G) of this Agreement. i. Plans. No later than twenty-four (24) months following the Effective Date, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 2 of the Project ("Phase 2 Plans"), or either party may terminate this Agreement in its entirety pursuant to Section 10 of this Agreement. The Phase 2 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 2 is depicted in the rendering attached hereto as Exhibit "C". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 2 Plans to complete the Phase 2 development of the Property. Completion of Phase 2 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work being completed consistent with the approved Phase 2 Plans. At the written request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans or complete the development as required by this subsection in increments of 3 Development Agreement Wave Developments, LLC time not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 2 development, the City may declare Owner ,in default of this Agreement. C. Phase 3 —Additional Retail, Restaurant Uses Vacation Apartment Rental Uses and other permissible uses under the City Code: Phase 3 shall include development of a new mixed - use building with uses similar to Phase 2 Property (including thirty-two (32) Vacation Rental Apartment units), and Phase 3 may be permitted and constructed concurrently with Phase 4. i. Plans. No later than thirty-six (36) months following the City's issuance of a certificate of occupancy for the Phase 2 building, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 3 of the Project ("Phase 3 Plans") or either party may terminate the Phase 3 and 4 obligation required by this Agreement pursuant to Section 10 of this Agreement. The Phase 3 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "D". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 3 Plans to complete the Phase 3 development of the Property. Completion of Phase 3 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work being completed consistent with the approved Phase 3 Plans. At the request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans approval or complete the development as required by this subsection in increments of time not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in default of this Agreement. 4 Development Agreement Wave Developments, LLC D. Phase 4 — Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall include development of a new building with forty (40) Vacation Apartment Rental units and parking garage, and Phase 4 may be permitted and constructed concurrently with Phase 3. i. Plans. No later than thirty-six (36) months following the City's issuance of a certificate of occupancy for the Phase 3 building, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 4 of the Project ("Phase 4 Plans") or either party may terminate the Phase 4 obligation required by this Agreement pursuant to Section 10 of this Agreement. The Phase 4 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "E". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 4 Plans to complete the Phase 4 development of the Property. Completion of Phase 4 shall be evidenced by the City's issuance of a certificate of occupancy for the building, parking garage and associated structures and, and upon all necessary site work being completed consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans approval or complete the development as required by this subsection in increments not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in default of this Agreement. E. Applications for the development approvals required by this section shall be substantially complete at the time of submittal, consistent with the requirements of applicable law. Within thirty (30) days of receipt of any application required by this section, City staff shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event an application is deemed incomplete, the application deficiencies shall be specifically identified in the City staff's written notification to Owner. Owner shall correct any application deficiencies within thirty (30) days of receipt of written notification. The aforementioned time periods may be extended by mutual agreement. Upon issuance of any development order or permit under this section, Owner shall diligently pursue the construction authorized by the permit consistent with the established time frames for each development phase and any development conditions required by applicable development order or permit. At all times, Owner shall also maintain a valid and active permit pursuant to applicable law. 5 Development Agreement Wave Developments, LLC F. Upon written request by the City, Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City of Cape Canaveral. G. City agrees that the Vacation Apartment Rental units, when operated as part of a Port of Call facility and under a Port of Call Agreement approved by the City Council, is a permitted use under the applicable existing zoning classification of the Property and that Vacation Apartment Rentals are intended to be a temporary lodging alternative to a hotel. For purposes of this Agreement, the term "Vacation Apaitiuent Rental" shall mean a condominium or apartment style building in Phases 2, 3 and 4 containing multiple dwelling units of various size operated consistent with the requirements of this Agreement. The size of units shall comply with the following minimum size requirements: Studio (375 sq. ft.); One bedroom (650 sq. ft.); Two bedrooms (750 sq. ft.); Three bedrooms (950 sq. ft.), and Four bedrooms (1150 sq. ft.). The dwelling units shall be rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide a kitchen and an optional laundry facility in each unit. The Vacation Apartment Rentals shall be managed by a property management company including a leasing office. H. The following additional conditions and requirements shall apply to Phases 2, 3 and 4 of the Project: (a) Phases 1, 2, 3 and 4 shall have and maintain the shared parking and ingress and egress plan approved by the City, pursuant, to the Wave Village Parking Analysis attached as Exhibit "F." If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a reciprocal parking and ingress and egress easement in the Official Records of Brevard County so as to maintain the shared parking arrangement required by this Agreement. (b) The Owner desires that the height of Phase 2, Vacation Apartment Rental building, be sixty-five (65) ft. However, Owner acknowledges that such height will be subject to review and discretionary approval by the City's Community Appearance Board in accordance with Section 110-624 of the City Code. In the event of denial, this Agreement shall automatically be deemed terminated and null and void. (c) Subject to permit approval by applicable governmental agencies, the structures in Phases 1, 2, 3 and 4 shall be permitted to utilize shared stormwater retention facilities and appurtenant structures. If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a shared stormwater easement in the Official Records of Brevard County so as to maintain any shared stormwater arrangement approved and required by this Agreement. 6 Development Agreement Wave Developments, LLC (d) At Owner's discretion, Owner may file a Lot Split application to make a portion of the Property a separate lot. Said application shall comply with the requirements set forth in Section 98-66 of the City Code. If a separate lot is created, each lot shall have frontage on both Central Boulevard and Highway A1A and shall remain subject to the terms and conditions of this Agreement. Additionally, because each lot will have frontage on both Central Boulevard and Highway A1A, the City agrees that the separate lot may have a maximum of two (2) ground monument signs including one (1) on Central Boulevard and the other on Highway A1A. Likewise, the remaining portion of the Property may have one (1) ground monument sign on Central Boulevard in addition to the existing ground monument sign currently located on Highway A1A. All ground monument signs are limited to one hundred fifty (150) sq. ft in area each. (e) The City and Owner acknowledge and agree that the City Code requires that wall signs shall be located on the upper portion of the storefronts to be located in the buildings constructed under this Agreement. The amount of wall signage for each building shall be calculated based on each individual storefront using the formula 15% of wall height of the storefront times(x) wall width of the storefront that the sign is located on, not to exceed one hundred sixty (160) sq. ft. of wall signage per storefront. A storefront is an individual unit with a separate entry for each separate business that is located within each building. Section 6. Annual Review and Inspection: Report. The City shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official and Community and Economic Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Section 7. 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 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 delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 7 Development Agreement Wave Developments, LLC Section 8. Successors and Assigns; Assignment. This Agreement, including any of the rights and obligations contained herein, shall automatically be binding upon and shall inure to the benefit of the City and owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Owner shall not assign this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 9. Notice. Any notices required or permitted under this Agreement shall be deemed to have been given if delivered by hand or overnight courier, or mailed by certified registered mail with return receipt requested at the following addresses: If to City: Copy to: If to Owner: Copy to: City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1220 Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 Wave Developments, LLC Attn: Oshri Gal 280 West Central Boulevard Cape Canaveral, Florida 32920 Kimberly B. Rezanka, Esq. Cantwell & Goldman, P.A. 96 Willard Street, Ste. 302 Cocoa, FL 32922 Section 10. Termination. This Agreement or Phases 3 and/or 4 shall terminate under the following conditions: A. This Agreement shall automatically terminate pursuant to Section 5 (H)(b) if the City Council renders a final decision to deny Owner's request to construct a 65-foot high building in Phase 2. B. The City shall have the unconditional right, but not obligation, to terminate this Agreement or the Phase 3 and 4 obligations required hereunder if Owner fails to attain the plans approvals or to develop the Property consistent with the time frames set forth in Section 5 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in Section 25 herein. 8 Development Agreement Wave Developments, LLC C. Either Party may terminate this Agreement if Owner does not file the Phase 2 applications pursuant to the time frames set forth in Section 5(B)(i) of this Agreement. D. Either Party may terminate the Phase 3 and 4 obligation required by this Agreement if Owner does not file the Phase 3 applications pursuant to the requirements and time frames set forth in Section 5(C)(i) of this Agreement. However, if the Phase 3 and 4 obligations are terminated, this Agreement shall remain in full force and effect with respect to Phases 1 and 2 of the Project. E. Either Party may terminate the Phase 4 obligation required by this Agreement if Owner does not file the Phase 4 applications pursuant to the requirements and time frames set forth in Section 5(D)(i) of this Agreement. However, if the Phase 4 obligation is terminated, this Agreement shall remain in full force and effect with respect to Phases 1, 2 and 3 of the Project. F. If this Agreement is terminated in accordance with this Section 10, the City shall record a notice of termination in the public records of Brevard County, Florida. Further, if Phases 3 and/or 4 are terminated by either party, the City shall record a partial notice of termination evidencing only that the applicable phases have been terminated, and the City and Owner shall have no further rights or obligations under this Agreement related to the terminated phases. G. Unless otherwise stated herein, upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. Section 11. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in 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 federal disputes or actions which arise out of or are based upon this Agreement. Section 12. Amendments. The parties hereto understand and agree that amendments to this Agreement may be required in order to address the proposed Phases 2, 3 and 4 development of the Property and that additional terms and conditions may be imposed. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). Section 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. Section 14. 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 same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 9 Development Agreement Wave Developments, LLC Section 15. Recordation. No later than fourteen (14) days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. Owner agrees that it shall be responsible for all recording fees and any other fees related to the delivery and recording of this Agreement. Section 16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. 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 third persons or the public in any manner, which would indicate any such relationship with the other. Section 17. Sovereign Immunity. Owner acknowledges that the City will avail itself of sovereign immunity and other limitations of liability afforded municipalities whenever applicable by law. Notwithstanding any other provision set forth in this Agreement, 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 other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This provision shall survive the termination of this Agreement. Section 18. 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 or surrendering its police powers. Section 19. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 20. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 21. 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. Section 22. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. Section 23. Time is of the Essence. Time shall be of the essence for each and every provision contained herein. 10 Development Agreement Wave Developments, LLC 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. 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 for any building if Owner is in breach of any term or condition of this Agreement. Section 25. Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 26. Release and Hold Harmless. Owner shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Owner hereby agrees to release and hold harmless the City and its councilmembers, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Owner and Owner's contractor's and subcontractor's performance of design, permit and construction activities in furtherance of constructing the Project under this Agreement and the operation and maintenance of the Project thereafter. This provision shall survive the termination of this Agreement. Section 27. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. [Signature Pages Follow] 11 Development Agreement Wave Developments, LLC IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: Mia Goforth, VIC, City Clerk t;! J 4 !� (CITY SEAL CITY: City of Cape Canaveral, A Florida in 'cipal corporation. By: Bob Hoog, Mayor Date: 9/ 7/ APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida, only By: Anthony A. Garganese, City Attorney For the City of Cape Canaveral, Florida 12 Development Agreement Wave Developments, LLC Signed, sealed and delivered in the presence of the follow'ng witnesses: Printed Name of Witness OWNER: Wave Developments, LLC, a Florida limited liability company, By: Oshri Gal, Manager STATE OF FLORIDA COUNTY OF BREVARD / The foregoing instrument was acknowledged before me this / q day of )`�/22��' 2019, by Oshri Gal, as Manager of Wave Developments, LLC acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Mia Goforth o� NOTARY PUBLIC S. STATE OF FLORIDA Comm* GG083783 OCE is Expires 5/16/2021 Exhibit List: A. Legal Description of Property B. Site Layout Plan — Phase 1 C. Conceptual Plan for Phase 2 D. Conceptual Plan for Phase 3 E. Conceptual Plan for Phase 4 F. Wave Village Parking Analysis otary Public AR Print Name Notary Public, State of Florida Commission No.: C' S'S37S My Commission Expires: 67'4/zz/ 13 Legal Description A parcel of land situate in Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the West right-of-way line of State Road AIA, a 100.00 foot right-of-way; thence S 37° 22' 24" E., along said West right-of-way line, for a distance of 1255.12 feet to the Point of Beginning; thence continue S 37° 22' 24" E. for a distance of 452.06 feet to a point of curvature of a curve, concave Westerly, having a radius of 25.00 feet; thence Southeasterly and Southwesterly, along the arc of said curve and the Northerly right-of- way line of Central Boulevard, undedicated, having a width of 100. 00 feet, thru a central angle of 100° 00' 12", for a distance of 43.63 feet; thence continue along said Central Boulevard right-of-way, S. 62° 37' 48" W. for a distance of 336.52 feet to a point of curvature of a curve, concave Northerly, having a radius of 561.05 feet; thence South-westerly, along the arc of said curve, thru a central angle of 14° 57' 08", for a distance of 146.42 feet; thence N. 37° 22' 24" W. for a distance of 374.37 feet; thence N. 52° 37' 36" E. for a distance of 500.00 feet to the Point of Beginning. EXHIBIT "A" PAVING, GRADING, AND DRAINAGE AS -BUILT FOR BEACH WAVE LEGEND: GRAPHIC SCALE EXHIBIT "B" CERTIFIED TO: DOUG WILSON ENTERPRISES INC. GRAPHIC SCALE EXISTING REQUIRED PARKING SmACE PER 3E0 SF R 6 ` ES B E.°6"00: PROPOSED REQUIRED PARKING • RESIDENTIAL -8 UNITS 1 SPACE PER G:•G=B6sPA«aUS1SPACEPM32 1]UftSFORETAPLOVBE6 RETAIL 403. 18SPACES REQUIF® • rrsPA EDUIRED 1 SPACE PER 1C0 SF 20 SPACES REQUIRED TOT. 10 1C0 SF AND 31 UNITS REWIRING 100 SPACES REQUIRED PARKING TOTAL •fiTr' .NGARPDID,s8PGA)siSDAPRONDEO BY NCI.¢BRING A PLANNING (DATED ]-roa).m SPACES TOTAL SPACES REOURED: 148 SPACES PROVIDED PARKING TOTAL • 06(EXISTING) • 93(PROPOSED)=IBS SPACES TOTAL SPACES PRONDED: 188 SPACES CEMRAL BODLEVARRKING TOTAL E NOT INCLUDE PROPOSED/F.1.E PARKING ALONG BY ME Cr,Cr,OF CAPE CANAVERAL.) PRELIMINARY EXHIBIT "C" OWNER / DEVELOPER 280 CRALVELANTS.LLCWENiBLD.,CFE CANAVERAL. FL MO of 5 E PHASE 2 CONCEPT PLAN CONCE8 ALT3 Ham 1,0 Vert N/A C-1 1 GRAPHIC SCALE EXISTING REQUIRED PARKING I SPACE PER .0 SF • STORAGE 200 SF SPACES REQUIRED TOTAL 16 8,08 SF REQUIRING SS SPACES 1 SPACE PER UNIT PL. 1 SPACE PERU uNrrs FOR EMPLOYEES R1ET:A-Ct:E'R'3F00 SF 18 SPACES REQUIRED SSPAALCIAPErli 20 SPACES REWIRED PROPOSED REQUIRED PARKING PER 12 UNITS FOR &A/KIT/TES TOTAL .0 SF AND 32 UNITS REQUIRING 65 SPACES REQUIRED PARKING TOTAL Exlp=1;,saZOPosEFV:3 1: EDBY ENGINEERING A PUNNING BOATED 7•10•18 . a SPACES TOTAL SPACES REQUIRED: 198 SPACES PROVIDED PARKING TOTAL . 143(EXISTING)* 110(PROPOSED,. 253 SPACES TOTAL SPACES PROVIDED: 253 SPACES (P ARKING TOTAL DOES NOT INCLUDE PROPOSED/FUTURE PARKING ALONG CENTRAL BOULEVARD SY THE CITY OF CAPE CANAVERAL.I PRELIMINARY EXHIBIT "D" OSHRI GAL, WAVE DEVELOPMENTS LLC ( 848Bsrvm ER L FL, Uzsla S)7.1, CENTRAL oe m PHASE 3 CONCEPT PLAN Draw,201,023 CONCEPT ALTS Scab Sheet C-2 GRAPHIC SCALE EXISTING REQUIRED PARKING SPACES REQUIRED • STORAGE 100 SF 8 SPACES REQUIRED TOTAL 16 Esoo SF REQUIRING 88 SPACES 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNRS FOR EMPLOYE. 10 SPACES REWIRED 27 SPACES REQUIRED 10 SPACES REQUIRED TOT. 10 100 SEARS 33 UNITS REWIRING 100 SPACES PROPOSED REQUIRED PARKING 1 SPACE PER UNIT PLUS 1 SPACE PER 12 utirrs FOR EMPLOYEES TOTAL ,p UNITS REONIRIN6 43 SPACES REQUIRED PARKING TOTAL z3aE. s< . I.. E 6o sEo1-z sP. E6 Eo6. ENCIN.RING n PLANLESS (DATED 7.10-16, 58 SPACES TOTAL SPACES REQUIRED: 236 SPACES PROVIDED PARKING TOTAL . 2e](EAISTIN6) • 1„PROPOSED„ • 264 SPACES TOTAL SPACES PROVIDED: 264 SPACES (PMRINOTOTAL'AATNOTINCLVOE gA'rcEWFVTuftEP"" A""' CENTRu fiOVIEVARp 6r THE CITY CP GPE CANAVE AL) PRELIMINARY EXHIBIT "E" iaNR, Ou. WAVE DEVELOPS EATS. LLC FL, , 32920 (331) ]Av191meenCw59.41ape .rn r 9dEEEE PHASE 4 CONCEPT PLAN On.v+R 3CONCEPT ALT] Morse C-3 Engineering & Planning Via email: mosha,wavevillage.com Ref: 4596.01 TECHNICAL MEMORANDUM To: Mosh Gal From: Matthew West, AICP Subject: Wave Village Parking Analysis, City of Cape Canaveral, FL Date: May 11th, 2018 INTRODUCTION LTG, Inc. (LTG) has been retained by Wave Developments, LLC. (the CLIENT), to perform a shared parking analysis associated with a multi -tenant residential, retail, and restaurant development known as Wave Village (the PROJECT) located at the intersection of SR AIA (Astronaut Boulevard) and W. Central Boulevard in the City of Cape Canaveral. The existing/proposed development is composed of four phases described in Table 1. The site when built -out will provide 264 paved parking spaces. The methodology and procedures used in this analysis are consistent with the guidelines of the City of Cape Canaveral. ANALYSIS The existing and proposed uses for each of the four phases are shown in Table 1. LTG consulted the Cape Canaveral Land Development Regulations for off-street parking requirements and the Urban Land Institute's (ULI) Shared Parking, Second Edition, software to determine shared parking requirements. For the purposes of providing a conservative analysis, the storage and gym space shown on the Client's conceptual plan are calculated as additional retail space. Additionally, there is a proposed pool bar which is treated as an accessory use to tenants of the residential development. Therefore, the pool bar does not generate additional parking demand. This analysis assumes that the residential development is a short-term vacation rental product, and as such, the City will permit required parking to be calculated as if the units were hotel rooms. This is exhibited in Tables 2 and 3. Engineering & Planning EXHIBIT "F" Mosh Gal May 11 th, 2018 Page 2 Table 1 Existing and Proposed Uses Wave Village Phase Use Size Unit Existing Retail 10,000 Square Feet 1 Restaurant 4,600* Square Feet Storage 2,200 Square Feet Proposed Residential 32 Units (rooms) Retail 5,400 Square Feet 2 Restaurant 2,700 Square Feet Restaurant 2,000 Square Feet Residential 32 Units 3 Retail 8,950 Square Feet 4 Residential 40 Units *1,800 SF of existing Arcade being converted to proposed Restaurant Table 2 shows the total unadjusted parking requirements for Table 1 uses based on the City of Cape Canaveral Code. Table 2 City of Cape Canaveral Unadjusted Parking Requirements Wave Village Use Size Units Ratio Parking Required Commercial/Retail/Non-restaurant 24,350 Square 1 space per 300 SF 81 spaces Feet Storage 2,200 Square 1 space per 300 SF 7 spaces Feet Restaurant 9,300 Square 1 space per 100 SF 93 spaces Feet Residential 104 Units 1.083 spaces per unit 113 spaces Total: 294 spaces Engineering & Planning Mosh Gal May 11 th, 2018 Page 3 Based on the findings shown in Table 2, the City of Cape Canaveral's Code requires a minimum of 294 off- street parking spaces when considering the proposed uses individually without adjustment. Since there is not a storage use in the City of Cape Canaveral's Zoning code, the proposed storage space in Phase 1 was calculated as retail space in Table 2. Using the parking requirements from Table 2, LTG utilized the ULI Shared Parking Model to estimate the minimum number of parking spaces required to support the development program in the peak demand month, which the model calculates as Late December. The Client has confirmed that the residential units are to be calculated as hotel rooms. In the model, Community Shopping Center was used for retail, gym, and storage, Family Restaurant was used for restaurant, and Hotel -Leisure was used for residential. The results of the model are shown in Table 3. Engineering & Planning Mosh Gal May 11th,2018 Page 4 Table 3 Shared Parking Demand Summary Peak Month:Late December--Peak Period:12 PM,Weekend SHARED PARKING DEMAND SUMMARY PEAK MONTH: LATE DECEMBER - PEAK PERIOD: 12 PM,WEEKEND Peak Hr Peak Mo Estimated Peak Hr Project Data Base Adj Adj Parking Adj Land Use Quantity Unit Rate Unit 12 PM Late December Demand 12 PM Community Shopping Center(<400 ksf) 26,550 sf GLA 2.68 /ksf GLA 0.90 0.80 51 0.80 Employee 0.65 /ksf GLA 1.00 0.90 15 1.00 Family Restaurant 9,300 sf GLA 8.57 /ksf GLA 1.00 0.95 76 1.00 Employee 1.43 /ksf GLA 1.00 1.00 13 1.00 Hotel-Leisure 104 rooms 0.90 /rooms 0.65 1.00 61 0.65 Restaurant/Lounge sf GLA 10.00 /ksf GLA 1.00 0.95 0 1.00 Conference Ctr/Banquet(20 to 50 sq ft/guE sf GLA 30.00 /ksf GLA 0.65 1.00 0 0.65 Convention Space(>50 sq ft/guest room) sf GLA 20.00 /ksf GLA 1.00 0.00 0 1.00 Employee 0.00 /rooms 1.00 1.00 0 1.00 Customer 188 Employee 28 Reserved 0 Total 216 Shared Parking Reduction:25% *Total Base Rate per Cape Canaveral Land Development Regulations and Customer vs.Employee demand per Urban Land Institute Shared Parking Manual,Second Edition **/ksf GLA=Per 1,000 square feet of gross leasable area Engineering & Planning Mosh Gal May 11 th, 2018 Page 5 Table 3 shows the associated shared parking demand, which the model has as 25% weekend parking reduction attributed to shared parking. This shared parking is from the various uses which require unique parking demands by hour of the day. The time and month of late December has the highest peak parking demand and was shown here for a conservative parking estimate. The ULI model estimates a peak parking demand of 216 at 12:00 p.m. on a weekend in late December. CONCLUSION As noted above and based on the ULI shared parking formulas used in the model calculations, the shared parking provisions result in a 25% reduction of weekend parking demand. The weekend parking demand calculated is 216. Given that 264 parking spaces will be provided by the Client's development, the supply will meet the demand. A future option considered by the Client is an offsite cruise line parking lot, which may provide additional parking for Wave Village provided a valet service. I affirm, by affixing my signature below, that the findings contained herein are, to my knowledge, accurate and truthful and were developed using current procedures standard to the practice of professional planning. Name: Matthew West, AICP Signature: Date: May 11th, 2018 Engineering & Planning Attachment 2 Prepared by and Return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 AMENDED AND RESTATED PORT OF CALL FACILITY DEVELOPMENT AGREEMENT DRAFT 11.22.24 THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("Agreement") is made this day of , 2024, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC, a Florida limited liability company authorized to conduct business in Florida ("Owner"). RECITALS: WHEREAS, this Agreement is a development agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, the Owner and City previously entered into a Port of Call Facility Development Agreement, dated September 19, 2019, recorded in ORB 8542, Page 727, Public Records of Brevard County, Florida ("Original Development Agreement"); and WHEREAS, Owner has requested and the City has approved extensions of the Original Development Agreement for the Owner to obtain final approval of a site plan and architectural render for Phase 2 of the Project, with the current deadline of September 24, 2024; and WHEREAS, the Owner and City desire to amend the Original Development Agreement and for convenience the Parties have chosen to incorporate the amendments into an Amended and Restated Port of Call Facility Development Agreement, which upon recordation shall supersede and replace the original Development Agreement in its entirety; and WHEREAS, the City recognizes the need to plan for orderly growth and development and to attract tourism; and WHEREAS, Owner is the current fee simple owner of record of certain real property consisting of approximately five (5) acres, more or less, located at 8801 Astronaut Boulevard within the City of Cape Canaveral and more particularly described in Section 3 herein ("Property"); and WHEREAS, a portion of the Property is currently developed with a retail and restaurant center of approximately 16,800 sq. ft. in area ("Phase 1"), a putt -putt golf and arcade center, related infrastructure and amenities, including parking; and WHEREAS, in addition to the current retail and restaurant uses on the Property, Owner desires to redevelop the remaining portion of the Property, together with Phase 1, in several 1 Amended and Restated Development Agreement Wave Developments, LLC additional phases into what will eventually be a "Port of Call" complex featuring commercial, retail, Vacation Apartment Rentals (as defined below) and other uses allowed by City Code ("Project"), to be known as "Waves District"; and WHEREAS, Owner intends the Port of Call facility to serve as a regional tourist, and hospitality hub to the visitors and residents of Cape Canaveral and the surrounding communities; and WHEREAS, Owner also desires to enhance the Property during development by constructing Phase 2, Phase 3 and Phase 4 in a manner consistent with the standards and requirements of the City's A1A Economic Opportunity Overlay District ("EOOD"); and WHEREAS, the City has determined that the proposed redevelopment of the Property is consistent with and furthers the City' s goals of encouraging, supporting and creating tourism, and creating attractive, functional and lasting buildings and places; and WHEREAS, the parties anticipate that the proposed redevelopment of the Property when completed will add substantial value to the City's ad valorem tax base and enhance, define and promote the commercial corridor and primary entrance to the City of Cape Canaveral; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan, Land Development Regulations, and Vision Statement; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this agreement to effectuate the phased development of the Property, subject to the terms and conditions agreed to hereunder; 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: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 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, and is a condition precedent and requirement to create a Port of Call facility under the EOOD. Section 3. The Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference ("Property"). Section 4. Effective Date of Agreement. This Agreement shall be effective upon full execution by both parties hereto and upon recording by the City with the Clerk of the Court for Brevard County, Florida ("Effective Date"). 2 Amended and Restated Development Agreement Wave Developments, LLC Section 5. Phased Development of Property. Owner shall develop the Property pursuant to the terms and conditions of this Agreement and all applicable laws. The Property shall be developed as one (1) unified and harmonious project in four (4) total phases that are compatible in design, appearance and use with each other. Except for Phase 1 which has already been completed by Owner, each of the additional three (3) phases will be permitted and constructed substantially similar to the conceptual plan referenced and attached herein for the respective phase. Each conceptual plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The conceptual plans shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of each phase of the Property. Owner shall have the obligation to further submit and obtain the City' s approval of a final site plan, building plans and architectural plans consistent with the conceptual plans in all material respects and in compliance with the City Code. The buildings illustrated on the conceptual plans are intended to be for illustrative purposes only and may be modified during the City's permitting process so long as the buildings comply with the development standards set forth in this Agreement and the City Code. Owner acknowledges and agrees that the conceptual plans were not created with specific surveyed dimensions and that during the final permitting process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable provisions of the City Code. The conceptual plans shall be subject to reasonable adjustments at the final permitting phase in order to bring the proposed phased development project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the buildings, signage, landscaping, entrances, utilities, parking and other site improvements may vary slightly between conceptual plan approval and approval of the final site plan and other development permits so long as the total square footage of the buildings, total unit number, total signs and square footage will not be less than expressly stated in this Agreement unless agreed to by the Owner and City in writing, with the exception of reductions that otherwise may be required by applicable City Codes. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the conceptual plans. The phased development of the Property shall occur as follows: A. Phase 1 Existing Retail and Restaurant Use. Phase 1 has been developed consistent with the Site Layout Plan attached hereto as Exhibit "B" and shall be maintained, together and along with Phases 2, 3, and 4 as a Port of Call facility in accordance with the terms and conditions of this Agreement. B. Phase 2 — Additional Retail, Restaurant Uses, and other permissible uses under the City Code. Phase 2 shall include the development of a new mixed -use building of approximately 17,000 square feet to be used as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, food halls, gift shops, apparel stores, information centers, travel agencies, bicycle and other small recreational equipment rental, and other similar and complementary retail and service uses. Food Halls may have shared areas such as common prep kitchens, storage spaces, trash areas, and grease disposal provided the shared areas comply with applicable building and Food Codes and are permitted by appropriate governmental agencies_ i. Plans. No later than twenty-four (24) months following the Effective Date, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the 3 Amended and Restated Development Agreement Wave Developments, LLC City for Phase 2 of the Project ("Phase 2 Plans"), or either party may terminate this Agreement in its entirety pursuant to Section 10 of this Agreement. The Phase 2 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 2 is depicted in the rendering attached hereto as Exhibit "C". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 2 Plans to complete the Phase 2 development of the Property. Completion of Phase 2 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work being completed consistent with the approved Phase 2 Plans. At the written request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans or complete the development as required by this subsection in increments of time not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner' s request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 2 development, the City may declare Owner in default of this Agreement. C. Phase 3 —Vacation Apartment Rental Uses and other permissible uses under the City Code: Phase 3 shall include development of up to sixty-four (64) Vacation Rental Apartment units and pedestrian and vehicular connectivity to Phase 2 as required by the Phase 3 site plan approved by the City, and Phase 3 may be permitted and constructed concurrently with Phase 4. i. Plans. Following the City's issuance of a certificate of occupancy for the Phase 2 building, Owner shall have no more than ( ) years to file with the City all required permit applications for approval of a site plan and architectural renderings, and shall obtain final approval of said applications from the City for Phase 3 of the Project ("Phase 3 Plans") within twenty-four (24) months, or either party may terminate the Phase 3 and 4 obligation required by this Agreement pursuant to Section 10 of this Agreement. The Phase 3 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "D". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 3 Plans to complete the Phase 3 development of the Property. Completion of Phase 3 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work 4 Amended and Restated Development Agreement Wave Developments, LLC being completed consistent with the approved Phase 3 Plans. At the request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans approval or complete the development as required by this subsection in increments of time not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner' s request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in default of this Agreement. D. Phase 4 Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall include development of a new building with up to forty (40) Vacation Apartment Rental units and parking garage, and Phase 4 may be permitted and constructed concurrently with Phase 3. i. Plans. Following the City' s issuance of a certificate of occupancy for the Phase 3 building, Owner shall have no more than ( ) years to file with the City all required permit applications for approval of a site plan and architectural renderings, and shall obtain final approval of said applications from the City for Phase 4 of the Project ("Phase 4 Plans") within twenty-four (24) months, or either party may terminate the Phase 4 obligation required by this Agreement pursuant to Section 10 of this Agreement. The Phase 4 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "E". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 4 Plans to complete the Phase 4 development of the Property. Completion of Phase 4 shall be evidenced by the City' s issuance of a certificate of occupancy for the building, parking garage and associated structures and, and upon all necessary site work being completed consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans approval or complete the development as required by this subsection in increments not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner' s request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the 5 Amended and Restated Development Agreement Wave Developments, LLC City Manager or City Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in default of this Agreement. E. Applications for the development approvals required by this section shall be substantially complete at the time of submittal, consistent with the requirements of applicable law. Within thirty (30) days of receipt of any application required by this section, City staff shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event an application is deemed incomplete, the application deficiencies shall be specifically identified in the City staff' s written notification to Owner. Owner shall correct any application deficiencies within thirty (30) days of receipt of written notification. The aforementioned time periods may be extended by mutual agreement. Upon issuance of any development order or permit under this section, Owner shall diligently pursue the construction authorized by the permit consistent with the established time frames for each development phase and any development conditions required by applicable development order or permit. At all times, Owner shall also maintain a valid and active permit pursuant to applicable law. F. Upon written request by the City, Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City of Cape Canaveral. G. City agrees that the Vacation Apartment Rental units, when operated as part of a Port of Call facility and under a Port of Call Agreement approved by the City Council, is a permitted use under the applicable existing zoning classification of the Property and that Vacation Apartment Rentals are intended to be a temporary lodging alternative to a hotel. For purposes of this Agreement, the term "Vacation Apartment Rental" shall mean a condominium or apartment style building in Phases 3 and 4 containing multiple dwelling units of various size operated consistent with the requirements of this Agreement. The size of units shall comply with the following minimum size requirements: Studio (375 sq. ft.); One bedroom (650 sq. ft.); Two bedrooms (750 sq. ft.); Three bedrooms (950 sq. ft.), and Four bedrooms (1150 sq. ft.). The dwelling units shall be rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide a kitchen and an optional laundry facility in each unit. The Vacation Apartment Rentals shall be managed by a property management company including a leasing office. H. The following additional conditions and requirements shall apply to Phases 2, 3 and 4 of the Project: (a) Phases 1, 2, 3 and 4 shall have and maintain shared parking and ingress and egress. If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a reciprocal parking and ingress and egress easement in the Official Records of Brevard County in a form acceptable to the City so as to maintain in perpetuity the shared parking arrangement required by this Agreement. 6 Amended and Restated Development Agreement Wave Developments, LLC (b) The Owner desires that the height of the Vacation Apartment Rental buildings proposed in Phases 3 and 4, be sixty-five (65) ft. However, Owner acknowledges that such height will be subject to review and discretionary approval by the City's Community Appearance Board in accordance with Section 110-624 of the City Code, or as may be otherwise required by the City Code in the future. In the event of denial, this Agreement shall automatically be deemed terminated and null and void. (c) Subject to permit approval by applicable governmental agencies, the structures in Phases 1, 2, 3 and 4 shall be permitted to utilize shared stormwater retention facilities and appurtenant structures. If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a shared stormwater easement in the Official Records of Brevard County in a form acceptable to the City so as to maintain in perpetuity any shared stormwater arrangement approved and required by this Agreement. (d) At Owner' s discretion, Owner may file a Lot Split application to make a portion of the Property a separate lot. Said application shall comply with the requirements set forth in Section 98-66 of the City Code. If a separate lot is created, each lot shall have frontage on both Central Boulevard and Highway AIA and shall remain subject to the terms and conditions of this Agreement. Additionally, because each lot will have frontage on both Central Boulevard and Highway A1A, the City agrees that the separate lot may have a maximum of two (2) ground monument signs including one (1) on Central Boulevard and the other on Highway AIA. Likewise, the remaining portion of the Property may have one (1) ground monument sign on Central Boulevard in addition to the existing ground monument sign currently located on Highway AIA. All ground monument signs are limited to one hundred fifty (150) sq. ft in area each. (e) The City and Owner acknowledge and agree that the City Code requires that wall signs shall be located on the upper portion of the storefronts to be located in the buildings constructed under this Agreement. The amount of wall signage for each building shall be calculated based on each individual storefront using the formula 15% of wall height of the storefront times(x) wall width of the storefront that the sign is located on, not to exceed one hundred sixty (160) sq. ft. of wall signage per storefront. A storefront is an individual unit with a separate entry for each separate business that is located within each building. 7 Amended and Restated Development Agreement Wave Developments, LLC (f) Owner' s responsibility to provide certification of occupancy for Phases 1, 2 and 3 shall be terminated upon submission of Phase 4 Plans to the City for permit review. Section 6. Annual Review and Inspection: Report. The City shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official and Community and Economic Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Section 7. 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 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 delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. Section 8. Successors and Assigns; Assignment. This Agreement, including any of the rights and obligations contained herein, shall automatically be binding upon and shall inure to the benefit of the City and owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Owner shall not assign this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 9. Notice. Any notices required or permitted under this Agreement shall be deemed to have been given if delivered by hand or overnight courier, or mailed by certified registered mail with return receipt requested at the following addresses: If to City: Copy to: City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1220 Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 If to Owner: Wave Developments, LLC Attn: Oshri Gal 8 Amended and Restated Development Agreement Wave Developments, LLC Copy to: 109 Long Point Road Cape Canaveral, Florida 32920 Kimberly B. Rezanka, Esq. Lacey Lyons Rezanka 1290 US 1 Ste. 103 Rockledge, FL 32955 Section 10. Termination. This Agreement or Phases 3 and/or 4 shall terminate under the following conditions: A. This Agreement shall automatically terminate pursuant to Section 5 (H)(b) if the City renders a final decision to deny Owner' s request to construct a 65-foot high building in Phase 3 or 4. B. The City shall have the unconditional right, but not obligation, to terminate this Agreement or the Phase 3 and 4 obligations required hereunder if Owner fails to attain the plans approvals or to develop the Property consistent with the time frames set forth in Section 5 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in Section 25 herein. C. Either Party may terminate this Agreement if Owner does not file the Phase 2 applications pursuant to the time frames set forth in Section 5(B)(i) of this Agreement. D. Either Party may terminate the Phase 3 and 4 obligations required by this Agreement if Owner does not file the Phase 3 applications pursuant to the requirements and time frames set forth in Section 5(C)(i) of this Agreement. However, if the Phase 3 and 4 obligations are terminated, this Agreement shall remain in full force and effect with respect to Phases 1 and 2 of the Project. E. Either Party may terminate the Phase 4 obligation required by this Agreement if Owner does not file the Phase 4 applications pursuant to the requirements and time frames set forth in Section 5(D)(i) of this Agreement. However, if the Phase 4 obligation is terminated, this Agreement shall remain in full force and effect with respect to Phases 1, 2 and 3 of the Project. F. If this Agreement is terminated in accordance with this Section 10, the City shall record a notice of termination in the public records of Brevard County, Florida. Further, if Phases 3 and/or 4 are terminated by either party, the City shall record a partial notice of termination evidencing only that the applicable phases have been terminated, and the City and Owner shall have no further rights or obligations under this Agreement related to the terminated phases. G. Unless otherwise stated herein, upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. 9 Amended and Restated Development Agreement Wave Developments, LLC Section 11. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in 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 federal disputes or actions which arise out of or are based upon this Agreement. Section 12. Amendments. The parties hereto understand and agree that amendments to this Agreement may be required in order to address the proposed Phases 2, 3 and 4 development of the Property and that additional terms and conditions may be imposed. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). Section 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. Section 14. 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 same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. Section 15. Recordation. No later than fourteen (14) days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. Owner agrees that it shall be responsible for all recording fees and any other fees related to the delivery and recording of this Agreement. Section 16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. 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 third persons or the public in any manner, which would indicate any such relationship with the other. Section 17. Sovereign Immunity. Owner acknowledges that the City will avail itself of sovereign immunity and other limitations of liability afforded municipalities whenever applicable by law. Notwithstanding any other provision set forth in this Agreement, 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 other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This provision shall survive the termination of this Agreement. 10 Amended and Restated Development Agreement Wave Developments, LLC Section 18. 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 or surrendering its police powers. Section 19. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 20. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 21. 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. Section 22. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. Section 23. Time is of the Essence. Time shall be of the essence for each and every provision contained herein. 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. 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 for any building if Owner is in breach of any term or condition of this Agreement. Section 25. Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 26. Release and Hold Harmless. Owner shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Owner hereby agrees to release and hold harmless the City and its councilmembers, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney' s fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Owner and Owner' s contractor' s and subcontractor' s performance of design, permit and construction activities in 11 Amended and Restated Development Agreement Wave Developments, LLC furtherance of constructing the Project under this Agreement and the operation and maintenance of the Project thereafter. This provision shall survive the termination of this Agreement. Section 27. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. [Signature Pages Follow] 12 Amended and Restated Development Agreement Wave Developments, LLC IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Mia Goforth, CMC, City Clerk (CITY SEAL) CITY: City of Cape Canaveral, A Florida municipal corporation. By: Wes Morrison, Mayor Date: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida, only By: Anthony A. Garganese, City Attorney For the City of Cape Canaveral, Florida 13 Amended and Restated Development Agreement Wave Developments, LLC Signed, sealed and delivered in the presence of the following witnesses: OWNER: Wave Developments, LLC, a Florida limited liability company, By: Signature of Witness Oshri Gal, Manager Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2024, by means of ❑ physical presence or ❑ online notarization, by Oshri Gal, as Manager of Wave Developments, LLC, and that he, in such capacity, acknowledged before me that he executed the foregoing instrument, as said entity' s true act and deed, and that he was duly authorized to do so on behalf of said entity. Exhibit List: A. Legal Description of Property B. Site Layout Plan — Phase 1 C. Conceptual Plan for Phase 2 D. Conceptual Plan for Phase 3 E. Conceptual Plan for Phase 4 Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires: 14 Attachment 3 Year Original DA Owner Proposed Staff Proposed Year 2019 Phase 2 plan 2019 2020 submittal & approval 2020 2021 2021 Phase 2 construction 2022 2022 2023 2023 Phase 3 plan 2024 2024 submittal & approval 2025 Phase 2 plan Phase 2 plan 2025 2026 submittal & approval submittal & approval 2026 Phase 3 construction 2027 2027 Phase 2 construction Phase 2 construction 2028 2028 Phase 4 plan 2029 2029 submittal & approval 2030 2030 2031 Phase 3 plan 2031 Phase 4 construction 2032 submittal 2032 2033 Phase 3 plan 2033 2034 submittal 2034 2035 2035 2036 Phase 3 approval 2036 2037 2037 Phase 3 construction 2038 2038 2039 2039 Phase 3 approval 2040 2040 2041 Phase 4 plan 2041 Phase 3 construction 2042 submittal 2042 2043 2043 2044 2044 2045 2045 2046 Phase 4 approval 2046 2047 Phase 4 plan 2047 Phase 4 construction 2048 submittal 2048 2049 2049 2050 2050 2051 2051 2052 2052 2053 2053 Phase 4 approval 2054 2054 2055 2055 Phase 4 construction 2056 2056 2057 2057 Attachment 4 [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] [Renderings of proposed project] c C w c C C O 0 a) N 0 O U .73 C O O) O N 0 • /kLL1 EXI TI G STRIPINGt ON CONCRETE PARKIN LOT SH LL BE RESTRIPD PROPO$ED MONUMENT SIGN DUMPSTER ENCLOSURE 140.2' R15' COMMERCIAL RENTAL SPACE #8 4'— COMMERCIAL RENTAL SPACE #7 R10' R5' COMMERCIAL RENTAL SPACE #6 R15' 8.64' 10' 8T 18' 18 R15' EXTEND SIDEWALK AND ADD RAMP PHASE 2 COMMERCIAL BUILDING RESTRIPE EXISTING 10' PARKING SPACES AS 9' PARKING SPACES AND ADJUST MEDIAN TO ACCOMMODATE COMMERCIAL BUILDING WES FOOD HALL SPACE #5 257.3' ALL REMAINING EXISTING STRIPING TO BE RESTRIPED 9' COMMERCIAL RENTAL SPACE #1 COMMERCIAL RENTAL SPACE #2 COMMERCIAL RENTAL SPACE #3 COMMERCIAL RENTAL SPACE #4 ENTRqL BOULEVARD D EXISTING SIGN TO REMAIN is f61 'UM IAIKIIFAIN ,13.21' 13.73' MEM EMM MEM MEM MEM imm RE 10' AS • 0 30' 60' GRAPHIC SCALE SCALE: 1" = 30' HALF SIZE: 1" = 60' TRIPE EXISTING ARKING SPACES PARKING SPACES 0 L.L \Q w 0 % z 0 L.L vJ U) W W O <0 �W N EXISTING REQUIRED PARKING • RETAIL - 10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED • RESTAURANT - 4,600 SF 0 SPACES REQUIRED • STORAGE - 2,200 SF 8 SPACES REQUIRED TOTAL: 16,800 SF REQUIRING 42 SPACES PROPOSED REQUIRED PARKING • RETAIL - 9,210 SF 1 SPACE PER 300 SF 31 SPACES REQUIRED • RESTAURANT - 7,906 SF 0 SPACES REQUIRED TOTAL: 17,116 SF REQUIRING 31 SPACES REQUIRED PARKING TOTAL • 42 (EXISTING) + 31 (PROPOSED) = 73 SPACES TOTAL SPACES REQUIRED: 73 SPACES PROVIDED PARKING TOTAL • 71 (EXISTING) + 59 (PROPOSED) = 130 SPACES TOTAL SPACES PROVIDED: 130 SPACES ROPOSED MONUMENT SIGN EXISTING SIGN TO REMAIN LEGEND PROPOSED CONCRETE (TYP.) SEE DETAIL SHEET PROPOSED PAVERS (TYP.) SEE DETAIL SHEET PROPOSED ASPHALT PAVEMENT (TYP.) SEE DETAIL SHEET EXISTING ASPHALT PAVEMENT TO BE SEAL COATED AND RESTRIPED GENERAL STATEMENT: THE OVERALL WAVES DISTRICT PROJECT CONSISTS OF CONSTRUCTION OF TWO NEW SIX STORY VACATION APARTMENT RENTAL BUILDINGS (AS DEFINED IN DEVELOPER'S AGREEMENT) AND A SINGLE STORY COMMERCIAL BUILDING CONSTRUCTED IN 3 SEPARATE PHASES AS NOTED BELOW. CONSTRUCTION OF ASSOCIATED SITE IMPROVEMENTS INCLUDE PARKING, SITE ACCESS, PAVEMENT, STORMWATER MANAGEMENT SYSTEM, UTILITY CONNECTIONS (SANITARY SEWER, POTABLE WATER SERVICE AND FIRE LINE CONNECTION) AND LANDSCAPING. PHASE 2 - SINGLE STORY COMMERCIAL BUILDING PHASE 3 - SIX STORY VACATION APARTMENT BUILDING WITH POOL PHASE 4 - SIX STORY VACATION APARTMENT BUILDING PROJECT CONTACTS OWNER: WAVE DEVELOPMENTS LLC 280 W CENTRAL BLVD CAPE CANAVERAL, FL 32920 PHONE: 321-399-1234 ENGINEER: MORGAN & ASSOCIATES CONSULTING ENGINEERS, INC. 504 N. HARBOR CITY BLVD MELBOURNE, FL 32935 PHONE: 321-751-6088 SURVEYOR: MORGAN & ASSOCIATES CONSULTING ENGINEERS, INC. 504 N. HARBOR CITY BLVD. MELBOURNE, FL 32935 PHONE: 321-751-6088 ARCHITECT: MELD STUDIO ARCHITECTURE 1542 GUAVA AVE MELBOURNE, FL 32935 PHONE:321-428-3869 SITE DATA ADDRESS: EXISTING BUILDING: 8801 ASTRONAUT BLVD CANAVERAL, FL 32920 PROPOSED BUILDING: TO BE DETERMINED PARCEL ID: 24-37-15-00-817 TAX ACCOUNT: 2441264 PARCEL AREA: 5.00 ACRES SECTION: 15 TOWNSHIP: 27 SOUTH RANGE: 37 EAST ZONING: C-1, LOW DENSITY COMMERCIAL FLU: C-1 OVERLAY DISTRICT: A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT, "EOOD" LOT COVERAGE: ALLOWED 80% OF LAND PROPOSED TBD FEMA FLOOD ZONE: ZONES X AND X SHADED PER MAP NUMBER 12009C0363H, PANEL 363, REVISED DATE JANUARY 29, 2021 BUILDING DATA CONSTRUCTION TYPE: NUMBER OF STORIES: EXISTING STRUCTURE: PROPOSED STRUCTURE: BUILDING HEIGHT PHASE 3 - SIX PHASE 4 - SIX RETAIL RESTAURANT STORAGE TOTAL RESIDENTIAL RETAIL RESTAURANT TOTAL 10,000 SF 4,600 SF 2,200 SF 16,800 SF 0 SF 9,195 SF 7,921 SF 17,116 SF ALLOWED PER DEVELOPER'S AGREEMENT: 65 FT PROPOSED: 65 FT (TOP OF ROOF SLAB) AND 75 FT (TOP OF ROOF - ACCESS STAIRS) BULDING SETBACKS FRONT (EAST) REAR (WEST) SIDE (NORTH) SIDE CORNER (SOUTH) REQUIRED PROVIDED 15 FT 10 FT 10 FT 10 FT 84.9 FT 140.2 FT 257.3 FT 45.1 FT <8+0144 uolslnay N O N N 6) a) as a a) N a) a N O N N 6) a) a cu 0 0 N O N N 6) a) a cu a) U a) SITE PLAN - PHASE 2 Project #: 2022-100 Drawing #: CIVIL Scale: Horiz. 1 "=30' Vert. N/A Sheet #: c.3 Sheet 3 of 7 J This item has been digitally signed and sealed by Andreas H. Kirbach, PE on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and signature must be verified on any electronic copies. Andreas H. Kirbach P.E. FL. Reg. #49431 ,n c C w c C c O 0 a) N .73 0 U O C O O N 0 N: N: N: >{ X X X )f 7f jf. 7C H: . r. ropes -Y!�w DUMPSTER ENCLOSURE R15' 140.2' IAA / 254.8' 9.5' F F F i A� STUDIO RENTAL UNIT ' 11' ELEC U. A A N. N. N. N. X. U. >f. >f. N. N. N. N. X. U. C C X:. U ' 9' 11 ' STUDIO RENTAL UNIT MECH A. A — — 24' STUDIO RENTAL UNIT PHASE 3 VACATION APARTMENT RENTAL BUILDINr3 ' ;64 UNITS ° COMMERCIAL RENTAL SPACE #8 EXISTING SIGN TO REMAIN COMMERCIAL RENTAL SPACE #7 �Ilr�l� 1WAV ) ' 13' 10' 9' 10' 10' 9' 10' 11 ' 11 ' 11.2' u COMMERCIAL RENTAL SPACE #6 t Of fV/• ..... OFFICE u MIN JINN NIL ,1111 INN MECHANICAL/ ELEC STUDIO RENTAL UNIT COVERED PATIO I PHASE 2 COMMERCIAL BUILDING L0 6A FOOD HALL SPACE #5 f1' TYP. 9' 9' 9' 9' 9' 9' '�7 M1I STAIR { 45.1' COMMERCIAL RENTAL SPACE RI COMMERCIAL RENTAL SPACE #2 COMMERCIAL RENTAL SPACE #3 COMMERCIAL RENTAL SPACE #4 ENTRAL BOULEVARD EXISTING SIGN I TO REMAIN 111111 yyMBA 84.4' I11448,,,,,,,,,,,,,,,0000`;06UDAh,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5 SI EXISTING SIGN TO REMIN 85.3' EXISTING SIGN TO REMAIN 0 30' 60' ASTRONAUT BOULEVARD GRAPHIC SCALE SCALE: 1" = 30' HALF SIZE: 1" = 60' U) w W O cn < 1Wn Cl_ N C" w cwn < < 0- U) W co U) co w cwn < < 0- U) W EXISTING REQUIRED PARKING • RETAIL - 10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED • RESTAURANT - 4,600 SF 0 SPACES REQUIRED • STORAGE - 2,200 SF 8 SPACES REQUIRED TOTAL: 16,800 SF REQUIRING 42 SPACES • RETAIL - 9,210 SF 1 SPACE PER 300 SF 31 SPACES REQUIRED • RESTAURANT - 7,906 SF 0 SPACES REQUIRED TOTAL: 17,116 SF REQUIRING 31 SPACES PROPOSED REQUIRED PARKING • RESIDENTIAL - 4 UNITS ON 1ST FLOOR 12 UNITS ON FLOORS 2 THRU 6 TOTAL UNITS = 64 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 64 + 6 = 70 SPACES REQUIRED TOTAL: 64 UNITS REQUIRING 70 SPACES REQUIRED PARKING TOTAL • 73 (EXISTING) + 70 (PROPOSED) = 143 SPACES TOTAL SPACES REQUIRED: 143 SPACES PROVIDED PARKING TOTAL • 125 (EXISTING) + 40 (PROPOSED) = 165 SPACES TOTAL SPACES PROVIDED: 165 SPACES LEGEND PROPOSED CONCRETE (TYP.) SEE DETAIL SHEET PROPOSED PAVERS (TYP.) SEE DETAIL SHEET PROPOSED ASPHALT PAVEMENT (TYP.) SEE DETAIL SHEET GENERAL STATEMENT: THE OVERALL WAVES DISTRICT PROJECT CONSISTS OF CONSTRUCTION OF TWO NEW SIX STORY VACATION APARTMENT RENTAL BUILDINGS (AS DEFINED IN DEVELOPER'S AGREEMENT) AND A SINGLE STORY COMMERCIAL BUILDING CONSTRUCTED IN 3 SEPARATE PHASES AS NOTED BELOW. CONSTRUCTION OF ASSOCIATED SITE IMPROVEMENTS INCLUDE PARKING, SITE ACCESS, PAVEMENT, STORMWATER MANAGEMENT SYSTEM, UTILITY CONNECTIONS (SANITARY SEWER, POTABLE WATER SERVICE AND FIRE LINE CONNECTION) AND LANDSCAPING. PHASE 2 - SINGLE STORY COMMERCIAL BUILDING PHASE 3 - SIX STORY VACATION APARTMENT BUILDING WITH POOL PHASE 4 - SIX STORY VACATION APARTMENT BUILDING PROJECT CONTACTS OWNER: WAVE DEVELOPMENTS LLC 280 W CENTRAL BLVD CAPE CANAVERAL, FL 32920 PHONE: 321-399-1234 ENGINEER: MORGAN & ASSOCIATES CONSULTING ENGINEERS, INC. 504 N. HARBOR CITY BLVD MELBOURNE, FL 32935 PHONE: 321-751-6088 SURVEYOR: MORGAN & ASSOCIATES CONSULTING ENGINEERS, INC. 504 N. HARBOR CITY BLVD. MELBOURNE, FL 32935 PHONE: 321-751-6088 ARCHITECT: MELD STUDIO ARCHITECTURE 1542 GUAVA AVE MELBOURNE, FL 32935 PHONE:321-428-3869 SITE DATA ADDRESS: EXISTING BUILDING: 8801 ASTRONAUT BLVD CANAVERAL, FL 32920 PROPOSED BUILDING: TO BE DETERMINED PARCEL ID: 24-37-15-00-817 TAX ACCOUNT: 2441264 PARCEL AREA: 5.00 ACRES SECTION: 15 TOWNSHIP: 27 SOUTH RANGE: 37 EAST ZONING: C-1, LOW DENSITY COMMERCIAL FLU: C-1 OVERLAY DISTRICT: A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT, "EOOD" LOT COVERAGE: ALLOWED 80% OF LAND PROPOSED TBD FEMA FLOOD ZONE: ZONES X AND X SHADED PER MAP NUMBER 12009C0363H, PANEL 363, REVISED DATE JANUARY 29, 2021 BUILDING DATA CONSTRUCTION TYPE: NUMBER OF STORIES: EXISTING STRUCTURE: PROPOSED STRUCTURE: BUILDING HEIGHT PHASE 3 - SIX PHASE 4 - SIX RETAIL RESTAURANT STORAGE TOTAL RESIDENTIAL RETAIL RESTAURANT TOTAL ALLOWED PER DEVELOPER'S AGREEMENT: 65 FT 19,195 SF 11,921 SF 2,200 SF 33,916 SF 67,413 SF 0 SF 0 SF 67,413 SF PROPOSED: 65 FT (TOP OF ROOF SLAB) AND 75 FT (TOP OF ROOF - ACCESS STAIRS) BULDING SETBACKS FRONT (EAST) REAR (WEST) SIDE (NORTH) SIDE CORNER (SOUTH) REQUIRED PROVIDED 15 FT 10 FT 10 FT 10 FT 84.4 FT 140.2 FT 254.8 FT 45.1 FT <8+0144 a) as a) a) a) ge) 01C SITE PLAN - PHASE 3 • keTh 6• -6 Ct • Drawing #: CIVIL Scale: Vert. N/A c.4 Sheet 4 of 7 frhis item has been digitally signed and sealleciN by Andreas H. Kirbach, PE on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and signature must be verified on any electronic copies. \in Andreas H. Kirbach P.E. FL. Reg. #49431 U) c C w c C c O 0 a) N .73 0 U O C O O) O N 0 OUTLINED AREA REPRESENTS PROPOSED BELOW PAVEMENT STORMWATER MANAGEMENT SYSTEM iW i wY�ar ir`u� r d I .15 RETENTION AREA U M—uumwd • III f x x x x firliViiiitourg0 intIM"Ii X if } ,: I�U UN-WWN WWDUINa..WW)lU—WWDUINa.. NND)N—W11111, WD IJLJ 1110 UDN—WWN—WWDUU-NWDN r%�io liaiaiao%"Nfii(iihirii uuw—u�^M9� b(rcmlmov�a�NNGvY,8inGvY,8ity9(1r uuwnuu uuwnN uuwnuu wwmmm=ImmMII.IN M 2 BEDROOM RENTAL UNIT AST THROUGH 4TH FLOOR STUDIO 3 BEDROOM RENTAL UNIT I BEDROOM RENTAL UNIT STUDIO 3 BEDROOM RENTAL UNIT �mmn000imo011110 mimoe"nmmmo PHASE 4 VACATION APARTMENT RENTAL BUIDLING 40 UNITS 2 BEDROOM RENTAL UNIT 1ST THROUGH 4TH FLOOR STAIR 111 STUDIO RENTAL UNIT STAIR I TI Q SI X. Y•. X. yf. N. N. N. N. X. Y•. >f. >f. N. N. N. N. X. Y•. >f. >f. >f, yf. N. N. )Q A y y - _ — I�........ ELEC STUDIO RENTAL UNIT MECH 24' STUDIO RENTAL UNIT PHASE 3 VACATION APARTMENT RENTAL"BUILDING 64 UNITS 'a, I. 4/') �� ��7, 1 I I COMMERCIAL RENTAL SPACE #8 COMMERCIAL RENTAL SPACE #7 II R15' I-24'� COMMERCIAL RENTAL SPACE #6 �... Oi IV... „ OFFICE IFELEV I d �Ilr�l� MECHANICAL/ ELEC STUDIO RENTAL UNIT COVERED PATIO 110(19 0(0 PHASE 2 COMMERCIAL BUILDING t �N VI II FOOD HALL SPACE #5 1 6' T STAIR WA V u 45.1' COMMERCIAL RENTAL SPACE #1 COMMERCIAL RENTAL SPACE #2 COMMERCIAL RENTAL SPACE #3 COMMERCIAL RENTAL SPACE #4 ENTRAL BOULEVARD EXISTING SIGN 1 TO REMAIN 84.4' EXISTING SIGN TO REMIN EXISTING SIGN TO REMAIN i0 0 30' 60' ASTRONAUT BOULEVARD GRAPHIC SCALE SCALE: 1" = 30' HALF SIZE: 1" = 60' U) co w _W d EXISTING REQUIRED PARKING RETAIL - 10,000 SF 1 SPACE PER 300 SF 34 SPACES REQUIRED RESTAURANT - 4,600 SF 0 SPACES REQUIRED STORAGE - 2,200 SF 8 SPACES REQUIRED TOTAL: 16,800 SF REQUIRING 42 SPACES • RETAIL - 9,210 SF 1 SPACE PER 300 SF 31 SPACES REQUIRED • RESTAURANT - 7,906 SF 0 SPACES REQUIRED TOTAL: 17,116 SF REQUIRING 31 SPACES • RESIDENTIAL - 4 UNITS ON 1ST FLOOR 12 UNITS ON FLOORS 2 THRU 6 TOTAL UNITS = 64 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 64 + 6 = 70 SPACES REQUIRED TOTAL: 64 UNITS REQUIRING 70 SPACES PROPOSED REQUIRED PARKING • RESIDENTIAL - TOTAL UNITS = 40 UNITS 1 SPACE PER UNIT PLUS 1 SPACE PER 12 UNITS FOR EMPLOYEES 40 + 4 = 44 SPACES REQUIRED SITE DATA ADDRESS: EXISTING BUILDING: 8801 ASTRONAUT BLVD CANAVERAL, FL 32920 GENERAL STATEMENT: THE OVERALL WAVES DISTRICT PROJECT CONSISTS OF CONSTRUCTION OF TWO NEW SIX STORY VACATION APARTMENT RENTAL BUILDINGS (AS DEFINED IN DEVELOPER'S AGREEMENT) AND A SINGLE STORY COMMERCIAL BUILDING CONSTRUCTED IN 3 SEPARATE PHASES AS NOTED BELOW. CONSTRUCTION OF ASSOCIATED SITE IMPROVEMENTS INCLUDE PARKING, SITE ACCESS, PAVEMENT, STORMWATER MANAGEMENT SYSTEM, UTILITY CONNECTIONS (SANITARY SEWER, POTABLE WATER SERVICE AND FIRE LINE CONNECTION) AND LANDSCAPING. PHASE 2 - SINGLE STORY COMMERCIAL BUILDING PHASE 3 - SIX STORY VACATION APARTMENT BUILDING WITH POOL PHASE 4 - SIX STORY VACATION APARTMENT BUILDING PROJECT CONTACTS OWNER: WAVE DEVELOPMENTS LLC 280 W CENTRAL BLVD CAPE CANAVERAL, FL 32920 PHONE: 321-399-1234 ENGINEER: MORGAN & ASSOCIATES CONSULTING ENGINEERS, INC. 504 N. HARBOR CITY BLVD MELBOURNE, FL 32935 PHONE: 321-751-6088 SURVEYOR: MORGAN & ASSOCIATES CONSULTING ENGINEERS, INC. 504 N. HARBOR CITY BLVD. MELBOURNE, FL 32935 PHONE: 321-751-6088 ARCHITECT: TOTAL: 40 UNITS REQUIRING 44 SPACES REQUIRED PARKING TOTAL • 143 (EXISTING) + 44 (PROPOSED) = 187 SPACES TOTAL SPACES REQUIRED: 187 SPACES PROVIDED PARKING TOTAL • 138 (EXISTING) + 123 (PROPOSED) = 261 SPACES TOTAL SPACES PROVIDED: 261 SPACES LEGEND PROPOSED CONCRETE (TYP.) SEE DETAIL SHEET PROPOSED PAVERS (TYP.) SEE DETAIL SHEET PROPOSED ASPHALT PAVEMENT (TYP.) SEE DETAIL SHEET MELD STUDIO ARCHITECTURE 1542 GUAVA AVE MELBOURNE, FL 32935 PHONE:321-428-3869 PROPOSED BUILDING: TO BE DETERMINED PARCEL ID: 24-37-15-00-817 TAX ACCOUNT: 2441264 PARCEL AREA: 5.00 ACRES SECTION: 15 TOWNSHIP: 27 SOUTH RANGE: 37 EAST ZONING: C-1, LOW DENSITY COMMERCIAL OVERLAY DISTRICT: A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT, "EOOD" LOT COVERAGE: ALLOWED 80% OF LAND PROPOSED TBD FEMA FLOOD ZONE: ZONES X AND X SHADED PER MAP NUMBER 12009C0363H, PANEL 363, REVISED DATE JANUARY 29, 2021 BUILDING DATA CONSTRUCTION TYPE: NUMBER OF STORIES: EXISTING STRUCTURE: PROPOSED STRUCTURE: BUILDING HEIGHT PHASE 3 - SIX PHASE 4 - SIX RETAIL RESTAURANT STORAGE TOTAL RESIDENTIAL RETAIL RESTAURANT TOTAL ALLOWED PER DEVELOPER'S AGREEMENT: 65 FT 86,608 SF 11,921 SF 2,200 SF 101,329 SF 46,038 SF 0 SF 0 SF 46,038 SF PROPOSED: 65 FT (TOP OF ROOF SLAB) AND 75 FT (TOP OF ROOF - ACCESS STAIRS) BULDING SETBACKS FRONT (EAST) REAR (WEST) SIDE (NORTH) SIDE CORNER (SOUTH) REQUIRED 15 FT 10 FT 10 FT 10 FT PROVIDED 84.4 FT 76.3 FT 181.8 FT 45.1 FT <8+0144 a) as a a) a a a) c) a) ge) 01C SITE PLAN - PHASE 4 te_t .Cir cl r (C'N I t---. kei WH" L14 Q) "-2 czt Drawing #: CIVIL Scale: Vert. N/A c.5 Sheet 5 of 7 frhis item has been digitally signed and sealecilli\ by Andreas H. Kirbach, PE on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and signature must be verified on any electronic copies. \in Andreas H. Kirbach P.E. FL. Reg. #49431