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Packet 08-21-2007 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 21, 2007 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: City Council Regular Meeting Minutes of August 9, 2007. RESOLUTIONS: 2. Motion to Adopt: Resolution No. 2007-19; Appointing Regular Members to the Recreation Board. 3. Motion to Adopt: Resolution No. 2007-20; Approving the Final Replat of Villa Cielo Townhomes; John Butler, Applicant. 4. Motion to Adopt: Resolution No. 2007-21; Approving the Preliminary Replat of Villagio Del Mar, II; W3 Developments. DISCUSSION: 5. Installation of Stop Signs on the North Atlantic Avenue Corridor. PRESENTATION: 6. Proposed Jetty Park Improvements by Ron Jon's, Ed Moriarty President 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting August 21, 2007 Page 2 of 2 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY August 9, 2007 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Clerk Building Official MINUTES Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Susan Stills Todd Morley BOARD MEMBER INTERVIEWS: The interview was conducted after the Approval of the Consent Agenda Items. Carol Delano — Recreation Board Ms. Delano affirmed that she answered all of the questions true and correct to the best of her ability. Ms. Delano stated that she truly loved the City and desired to make a difference although she had no past experience. Ms. Delano stated that she lived in Cape Canaveral for overl5 years, has a family and is a good citizen. She has a part-time job with Cape View Elementary School's after-care program. Ms. Delano informed that this job involves her participation in the feeding, care, and concern for school -aged children. Ms. Delano informed that she accepted the position related to her studies as a teacher. Mr. Petsos expressed that Ms. Delano served in a front-line capacity at Cape View School and would hear what it is that the children desire in Recreation. Mayor Pro Tem Hoog City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 2 of 11 expressed that he knows Ms. Delano as a neighbor and she would be an asset to this volunteer Board. Ms. Roberts questioned the number of vacancies on the Recreation Board. Robert Lefever, Acting Recreation Director, replied that there were three vacancies. Hank Dinenno — Recreation Board Mr. Boucher requested to place a Resolution to appoint Mr. Dinenno to the Recreation Board on the next City Council Agenda of August 21't and also to conduct his interview at that time since the Recreation Board was in need of members. Council agreed by consensus. Mayor Randels informed that a Resolution to apoint them both to the Board would appear on the next City Council Agenda of August 21 . CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 17, 2007. 2. City Council Special Meeting Minutes of July 31, 2007. 3. Resolution No. 2007-19; Appointing Lt. Hugh Evans as a Regular Member of the Business and Cultural Development Board. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any item for discussion. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATIONS: 4. Motion to Approve: Authorizing the Mayor to Execute an Adopt -A -Shore Agreement for Manatee Sanctuary Park. Mayor informed that the City received a letter from Keep Brevard Beautiful requesting to allow the Residence Inn adopt Manatee Sanctuary Park. Keep Brevard Beautiful would provide the sign, bags, and dean -up tools and Residence Inn by Mariott has agreed to keep it clean at their expense. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Authorize the Mayor to Execute an Adopt -A -Shore Agreement for Manatee Sanctuary Park. The vote on the motion carried 5-0 with voting as follows: Mayor City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 3 of 11 Pro Tem Hoog, For, Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 5. Motion to Approve: An Appeal of the Community Appearance Board's Decision — Enterprise Sign. Ms. Roberts stated that she was bringing this item before the Council as a concemed citizen and had to recuse herself from the vote. Ms. Roberts explained that Enterprise Rental Cars presented this Application to the Community Appearance Board on July 16th; however, subsequent to the meeting, other options were made available of which was the Board was not aware. Ms. Roberts suggested that Council recommend for Enterprise Car Rentals return to the Community Appearance Board with these options. Mr. Carlos Montanez of Enterprise Rental Cars informed that there were several questions that came out of the meeting. Mr. Montanez explained that Enterprise presented three options to the Board: 1) a wall sign parallel to the street, 2) a wall sign perpendicular to the street, and 3) a pole sign. Mr. Montanez stated that the Board's decision was to use the sign parallel to the street shown on Photo No. (2) and the pole sign shown on Photo No. (3). He said that the option to use a vertical sign would require further review and Enterprise would want two wall signs. Todd Morley, Building Official, explained that per parcel of land, a property might have: two ground signs and one wall sign, or two wall signs and no ground signs. Ms. Roberts mentioned that the Community Appearance Board agreed to a sign of 3 -feet by 15 -feet. Ms. Roberts referred the optional examples that Enterprise could use and she recommended that the Community Appearance Board review those options. Mr. Montanez explained that if the firm came before the Board again, their signage would be delayed for two additional weeks. Mayor Randels clarified that the original request met the requirement that the Board approved. Mr. Montanez stated that Enterprise was in Agreement with the Board's approval; the wall sign parallel to the street and the pole sign. Ms. Roberts explained how a corporation that presents to the Community Appearance Board did not present all of their options before the Board makes a decision. Ms. Roberts asked a member of the Community Appearance Board to comment. Mr. Petsos asked Mr. Montanez if Enterprise had ordered their sign. Mr. Montanez replied that he stopped the order upon receipt of the Notice of Appeal. Mr. Randy Wasserman, Chairperson of the Community Appearance Board, explained this as a test of the Appeals system since to date no Appeal had been made, even on a denial. He thanked Ms. Roberts for contributed value to the process. Mr. Wasserman cautioned on retroactive concems applied to the evidence presented to the Board under sworn testimony and approved by the Board. He highlighted the meeting and stated that the Board allowed for two signs and one smaller than the originally submitted 80 -square -foot pole sign. City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 4 of 11 Mr. Wasserman stated that his hesitancy to reactively set higher standards which could lead to an Appeal and adverse judgment. Mr. Wasserman pointed out that the City code related to Appeals referred to the denial and not an approval of a Board decision. He also stated that in order to support an Appeal; one would need to prove that the testimony provided was false. Mr. Wasserman stated that for future applications, the Board would attempt to bring to the forum the most complete options possible related to corporate signage. Mr. Nicholas asked if there was a process for the applicant to request reconsideration. Attorney Garganese affirmed. Mr. Nicholas stated that an Appeal was generally based on an Applicant's dissatisfaction. Ms. Roberts stated her concern, as a resident, was that the Community Appearance Board did not have a complete presentation in that it did not include all of the corporate examples possible. Mayor Randels stated that there were no grounds that the Applicant could not have the signs since he met the requirement. Mr. Walter Bowman, Community Appearance Board member, stated that the Board considered the signage based on the evidence presented. The Board used its authority to adjust the size of the signage presented. Mr. Bowman concluded that only two signs were allowed under the City code and if the Board had had what was presented this evening, and then they might have used chosen the two walls signs using one of these examples. Mayor Pro Tem Hoog stated that the Applicant worked with the Board, and if the Board agreed on something and the Applicant accepted it, then there was no point of discussion. Ms. Roberts stated that the community was not well served since the Board did not have full disclosure of all of the options from the Applicant; therefore, she presented an Appeal to Council. Mr. Wasserman stated that the burden of proof was difficult in ascertaining if the Applicant was knowledgeable of all possible options or if it were mere ignorance on his part. Ms. Roberts stated that the information was available on the Enterprise web site and staff could provide the additional research in support. Mr. Wasserman pointed out how extended research was outside of the scope of the Board making a decision on what was presented. He stated that the applicant had the burden to present a complete package. Mr. Wasserman concluded that the Board could only ascertain that what was being presented was harmonious; however, the Board could not force an Applicant to comply. Mr. Petsos commended the Board on their decision that provided for a reduced sized, sign that was set back further on State Road A1A. Mr. Roger Combs commented that when a corporation applied to a Board, he did not believe the City had a right to pursue options aside from those presented as long as an Applicant met the City's code requirement. Mr. Dobson stated his objection to research in advance of the meeting. Mr. Wasserman reminded that Florida Municipal Home Rule did successfully guide appearance standards. Ms. Roberts stated that the Board appeared to have struggled with the Application review and the corporation in good faith could have presented the City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 5 of 11 other options. In closing, Mr. Wasserman stated that the decision was a cooperative effort between the Board and Mr. Montanez. A motion was made by Mayor Randels and seconded by Mr. Petsos to Deny an Appeal of the Aggrieved Party mated to the Enterprise Rental Sign. The vote on the motion carried 4-0 to Deny the Appeal with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, Recused. SITE PLAN: 6. Motion to Approve: Consideration of Mermaid Key Site Plan — 140 Condominium Units and 25,800 Square Feet of Commercial. Mayor Randels reviewed that the Planning and Zoning Board recommended the Site Plan on June 28th with (7) conditions. The City Council first heard the Site Plan on July 17, 2007 and added (2) conditions: 1) the Unity of Title be prepared and executed on the south commercial parcel and, 2) the Applicant would bear all costs associated with the vacation of the existing sewer easement and the dedication of the proposed relocated sewer main easement, as well as design and installation change orders for the force main replacement. Mr. Boucher informed that the City had discussions with St. John's River Water Management District related to wetland on the property and the need for a Mitigation Plan. Jeff Ratliff, Stormwater Administrator, was available for any questions from the Council. Mr. Boucher stated that although the project was a proposed phased development, the Project would need to remain in progress in order to keep the Site Plan active. Attorney Tim Pickles 3490 North US 1, Cocoa addressed the Council on behalf of Mr. Martin Greene, Mermaid Key LLC. He stated that this application was presented in February, approved by the Planning and Zoning Board in June and still with the City Council in August. Attorney Pickles read from the City code related to Site Plans concluding that the City Council shall make a final decision if the Applicant has met the requirements. He concluded that Mr. Greene would apply for extensions as necessary. Mr. Martin Greene, Mermaid Key LLC, affirmed his intent of a phased project with a completion date of 2012 constructed in two to three buildings at a time. He explained that there was six months of site work anticipated first. He stated that the first occupancy level would begin in 2009. Mr. Petsos questioned if the City could seek a Development Agreement since this was a phased development. Attorney Garganese affirmed. Ms. Roberts addressed information related to the condominium documents and a permit request from the St. John's River Water Management District [SJRWMD]. Ms. Roberts also stated her concern that when the Site Plan was proposed it was not presented as a resort condominium. Attorney Pickles replied that the Site Plan was for a residential City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 6 of 11 condominium. However, the City's Ordinance provided the mechanism for Mr. Greene to apply as a resort condominium. Any consideration outside of the City's code was an incorrect application of the City Ordinance. Ms. Roberts represented her concerns that the Applicant did not provide the Planning and Zoning Board with all of the information to make recommendations to the City Council. Ms. Roberts stated her belief that the Council had a broader role to represent the interests of the community as it relates to the interpretation of the Ordinance and the carving out of the community's interest. Attorney Pickles clarified that the Council would make a decision within the parameters of the Ordinance. Ms. Roberts stated that she tabled the Approval at the City Council Meeting on July 17th based on: 1) there was a question related to condominium documents, 2) the application presented to the Planning and Zoning Board did not present the project as a resort condominium project, and 3) there was permit work with the SJRWMD that was not apparent to the Planning and Zoning Board. She concluded that there was not full disclosure and that the City needs more time to deliberate on the actual intent of this development. Attorney Pickles stated that the condominium records, in Draft form, were in place for the permit related to SJRWMD that sought to ascertain that an Association would be present to enforce the terms of its permit. Mr. Petsos informed that the documents were very thorough and concise and Page 14 referred to 30 -day rentals. Attorney Pickles informed that the documents were submitted to the SJRWMD not the Department of Business and Professional Regulations [DBPR]. Attorney Pickles stated that the documents could not be submitted to the DBPR until the Site Plan was approved. At the time they were submitted to the SJRWMD for the purpose of establishing stormwater intentions, the City had not finalized its Ordinance on resort dwellings. Mr. Nicholas asked if there were issues related to mitigation since St. John's was mentioned several times. Mr. Ratliff would address this question. Ms. Roberts stated her concern that the Planning and Zoning Board did not have the full disclosure as presented to the Council related to resort dwellings. Attorney Pickles requested to establish for the record if the Council was using becoming a resort condominium as a basis for their decision and he did not believe that that was appropriate. Ms. Roberts responded that the full disclosure was not made to the Planning and Zoning Board. Attorney Pickles stated that the Site Plan was an overlay of development on a given parcel of land based on certain criteria not its potential use. Mr. Boucher pointed out that the Supplementary District regulations in Section 110-491, required two spaces per living unit. Mr. Morley replied that the project was reviewed as two per unit. Todd Peetz, City Planner, informed that at this time there was nothing in the code related to parking for resort dwellings. Mayor Pro Tem Hoog stated that the parking City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 7of11 requirements should come into consideration if he should apply for a Resort Condominium application. Mayor Randels informed that Mr. Greene received information from Mr. John Juliana from the SJRWND related to mitigation: 1) a drainage ditch, and 2) a pond. Mr. Greene informed that SJRWMD's provided stringent regulations. He referred to the City's drainage ditch project and he asked if he could use the funding toward the drainage ditch between his properties versus sending it to the Miami Corporation. Mr. Greene informed that SJRWMD provided a strict checklist related to this mitigation project. Mr. Ratliff informed that SJRWMD expressed their favor with the project and in their work with Mr. Greene's staff. Mr. Greene informed that he responded "no" to the Florida Fish and Wildlife Commission related to adding any docks, boat launches, or changing the area related to the manatees. His civil engineer would reply on any permissible pipes running into the canal. Mr. Greene stated that the Planning and Zoning Board was thorough and he stated there was nothing undisclosed. Mr. Greene also reminded that the mitigation funding was available to the City. Mayor Pro Tem Hoog thanked Mr. Greene for seeking the mitigation - funding venue and said that the City would continue this practice with developers in the future. Mr. Nicholas questioned if the recreation area issues was resolved. Mr. Moe Ledeaux, President of the Treasure Island Club thanked the Council for hearing from their Association. He stated that Treasure Island Club prepared through their Attorneys a list of issues related to walls, fences, boundaries, docks, water rights, and easements. Mr. Ledeaux presented a copy to Council members. Mr. Ledeaux stated that Mr. Greene informed him that he would review the document with his Attorney as well. Mr. Ledeaux also stated that Treasure Island Club would continue dialogue with Mr. Greene. Attorney Pickles stated that he could not answer if all of the criteria on the document were agreed to at this time without subsequent discussion. Mr. Nicholas asked if there were any plans on the developer's part to make improvements to the Recreation area. Mr. Greene stated that he did not desire to disturb their peaceful rights to the use that property until the last possible moment and for the shortest duration of time. Mr. Greene summarized that he would request.minimal disturbance from his site engineer. Mr. Greene replied to Mayor Randels that there were no plans for crossovers. Mayor Randels stated that all conditions must be met within 90 -days from City Council's Site Plan approval. Mr. Boucher stated that the City should also receive a record copy of the Wetlands Mitigation Plans from SJRWMD as an additional condition of Site Plan approval. Attorney Garganese explained how a Development Agreement would allow to phasing their development project without expiration of their Site Plan. Attorney Pickles expressed that the applicant would be willing to pursue a Development Agreement; City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 8 of 11 however, the developer had met the Site Plan criteria. Mr. Boucher summarized for the record that the Council reviewed this Site Plan as a residential condominium. An amended Site Plan would return to the Council. Ms. Roberts stated that the community was not informed of the Applicant's intent to apply as a resort condominium that was different from a residential condominium. Attorney Pickles stated that the Ordinance did not delineate a difference for purposes of a Site Plan application. Attorney Garganese explained that a Site Plan review related to the technical requirements of the City code. He concluded that the Mermaid Key project met the technical requirements. Mr. Lamar Russell, Planning and Zoning Board Vice Chairperson, stated that the Site Plan was reviewed in a technical manner based on a checklist within the City code. Mr. Russell explained that an application as a resort condominium would have also become part of the technical review. Mr. Russell summarized that the Site Plan was for a residential use in a residential zone. He stated that if the Council did not approve the Site Plan and proposed to send it back to the Planning and Zoning Board, he requested to know what was yet required when the Applicant met the criteria. Ms. Roberts stated that the Planning and Zoning Board had, in her opinion, a role beyond a technical review. Mr. Russell stated that the SJRWMD permit came out during discussion and it was added to the list of conditions. Mr. Russell stated that all City meetings were open to the public and residents were welcomed to attend and voice their concerns. Ms. Roberts stated that the community had the right to weigh in on whether or not the Mermaid Key project was planned as a resort condominium. Ms. Sharon Molinari of the Treasure Island Club condominiums questioned what the City planned to do about the proposed traffic due to the Mermaid Key project. Mayor Randels replied that the Planning and Zoning Board addressed all concurrency issues related to the project to include traffic. Mr. Nicholas reminded that the City had petitioned the State many times for a traffic light at the Columbia Drive intersection; however, they were refused. Mr. Boucher informed that the Florida Department of Transportation preferred to observe the active levels of traffic prior to installing a streetlight. Ms. Molinari reminded of the two deaths that occurred due to the lack of a traffic light. Mr. Paul Stewart informed that he was waiting for Mr. Greene's development in order to purchase there. He reminded that Mr. Greene previously brought a mixed-use development project to the Council that the Council denied. Mr. Stewart requested that the Council proceed to take action in light of his interest in a property purchase. Mr. Boucher referred to the June 2e memo from the Planning and Zoning Board listing the (7) conditions: 1) The sewer line from the south commercial building needs an easement; and the sewer line needs to be relocated to save a 20" tree. City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 9 of 11 2) The lift station pump sequence shall be changed so an alarm is activated if the liquid level rises above the lead pump "on" level and before the liquid level reaches the lag pump "on" level. 3) The north and south fountain details shall be redesigned, because the present 18" dimensions are incorrect. 4) Provisions shall be made for recycling containers at each dumpster site. 5) A lighting plan for the streets and sidewalks shall be submitted and approved by the City. 6) The City shall approve a shared parking easement on the north parcel. 7) Cross access easements shall be provided on the north and south parcels. Mayor Randels also read the three additional conditions: 8) The Unity of Title be prepared and executed on the south commercial parcel. 9) All costs associated with the vacation of the existing sewer easement and the dedication of the proposed relocated sewer main easement, as well as design and installation change orders for the force main replacement project, be bome by the applicant. 10) An approved mitigation plan from the St. John's River Water Management District for the pond area classified as wetlands shall become part of the approved Site Plan. Mr. Greene informed that Ed Gardulski, former Public Works Director had discussed with him the best place to install the sewer main; therefore, he was aware of the intended placement and its cost. Mr. Boucher clarified that the cost for any change orders related to this project would be borne by the Applicant. Mr. Greene made note that he would confer with Jeff Ratliff, Stormwater Administrator, relating to the funding from the St. John's River Water Management District, in order to obtain his permit from the St. John's River Water Management District. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve: Consideration of Mermaid Key Site Plan —140 Condominium Units and 25,800 Square Feet of Commercial Contingent Upon the (10) Conditions Within (90) Days of the Approval. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For, Mayor Randels, For, and Ms. Roberts, Against. REPORTS: 1. City Manager Mr. Boucher thanked everyone who participated with the National Night Out. Mr. Boucher announced the Space Coast League of Cities dinner in Cocoa Beach on Monday, August IP. Mr. Boucher announced the Florida League of Cities Annual Conference on August 16th through August 18th. City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 10 of 11 • Mr. Boucher announced that the next City Council Meeting on August 21t would occur at the Library Meeting Room. The President of Ron Jon's would make a presentation. • Mr. Boucher scheduled a meeting on Tuesday, August 2e at 5:30 P.M. related to the Chronic Nuisance Ordinance and the Civil Citation Program. • Mr. Boucher scheduled an Evaluation and Appraisal Report Meeting on August 29th at 5:30 P.M. • Mr. Boucher reported the need for discussion on mixed-use development. • Mr. Boucher made note that the Development Review Process as also a subject left for discussion. • Mr. Boucher scheduled a meeting on Thursday, Sign Code on August 30th at 5:30 P.M. 2. Staff Mr. Morley • Mr. Morley announced that draft interior plans were available for the new building and he encouraged the Council to review and comment. He was in the process of bidding out the work. Todd Peetz • Mr. Peetz and the City Manager would schedule a date and time for a Mixed -Use discussion. City Clerk • No report. City Attorney • No report. AUDIENCE TO BE HEARD: Ms. Martha Hoffman, addressed the Council on the gazebo at Center Street. She related that the manatees were being harassed and the gazebo abused. Ms. Hoffman asked if there were anything else that the City could do to secure the premises and she informed of how the police were non-responsive to the residents concerns. She recommended signage and informed that their Association was considering surveillance cameras. The concerned residents requested to convey in some form that the park be used for its intended purpose. City of Cape Canaveral, Florida City Council Regular Meeting August 9, 2007 Page 11 of 11 3. City Council Ms. Roberts • Ms. Roberts stated her concern for time to discuss the concerns from the community. Mayor Randels suggested providing the City Manager for two or three items for the Discussion portion of the Council Agenda. Mr. Nicholas • Mr. Nicholas requested to revise the Agenda in order hear Council Members comments in the beginning of the meeting. Mr. Petsos • Mr. Petsos requested to place on the Agenda the potential of stop signs on North Atlantic Avenue. This would provide for public notice. Ms. Roberts reminded to allow for questions. • Mr. Petsos acknowledged that the City web site was under construction and thanked the City Clerk for her assistance with N'Sync Data Systems on this project. Mayor Pro Tem Hoog • No report. Mayor Randels No report. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:05 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME DIDE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE a, n n o n e MAILING ADDR SS LL T 7 G 3Q 4ip� �, SI���+ v�un�- s0 THE BOARD, COUNCIL, COMMISSION, A TH ITY OR 0MMITTEE ON WFjICH I SERVE ISA UNIT OF: CITY COUNTY CITY ❑COUNTY LJ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Q e MY POSITION IS: ! - o7 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WiTH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporaie the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, __'V�CsLnQ+�+AD�hls ------------ hereby disclose that on- 9 -------------- , 20 -07: (a) A measure came or will come before my agency which (check one) _-_ inured to my special private gain or loss; __ inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative, ------------- ; _-- inured to the special gain or loss of ------- _------------- --------------------------------------------------, by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: J nn U my . `.�►� yv``�. �'�t'�.c,r(at G.o' °`' `'`�c.'7 ��L,,.,M..Q. "'`e..rn''6.°-�- , �' �e„ , -.1.o--07 Date Filed 4 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 Meeting Type: Regular Meeting Date: 08-21-07 AGENDA Heading Resolution Item 2 No. Resolution No. 2007-19 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-19, APPOINTING REGULAR MEMBERS TO THE RECREATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-19, appointing Carol Delano, Hank Dinenno and Eileen Kandret as regular members of the Recreation Board. Summary Explanation & Background: Their terms will expire on 10-01-2010. Exhibits Attached: Resolution No. 2007-19 City Manager's Office Department LEGISLATIVE im\myd s admin\council\meetings\2007\08-21-07\2007-19.doc RESOLUTION NO. 2007-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26, established the Recreation Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint three (3) Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Carol Delano is hereby appointed as a Regular Member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2010. SECTION 1. Hank Dinenno is hereby appointed as a Regular Member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2010. SECTION 1. Eileen Kandret is hereby appointed as a Regular Member of the Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2010. SECTION 4. This Resolution shall take effect immediately upon its adoption. K:\CityClk\Resolutions\BOARDS\Appointments\2007\Recreation 2007-19—Regular Members.doc City of Cape Canaveral, Florida Resolution No. 2007-19 Page 2 of 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of August, 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL %l i0 / 1 j �U FIA)U0 0 1. Applicant Name: L�-,L y 2. Home Address: ��� �dl s0o ' 3. Home Telephone: lee` - 4. Occupation: Y l Gh't) �� Ili dd & ii+A-h CT!-� 5. Business Telephone: Oa dr 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (N) 2. Have you been a resident of the City of Cape Z(N) Canaveral for 12 months or longer? m 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. M (N) 3b. If yes to 3a, have your civil rights been restored? m (N) Z 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y)(N)—Z 4b. If yes to 4a, please list each: 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent ' to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y)__Z (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y)(N)—Z 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 0 V e C. 2. Briefly state any prior experiences in serving on any governmental board or committee: 0 CP - 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. )o rk w e (_l tu , 4 046 re - U � � � flG - Ca J 4�:an� . 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. b. 9- h. j• Beautification Board Board of Adjustment' Business and Cultural Development Board Code Enforcement Board* Community Appearance Board` Construction Board of Adjustment and Appeals` Library Board Planning and Zoning Board* Recreation Board Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the C' Cleric's Offi at (321 868-1221. Signature: 1 / Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Use Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 1n l k? c7 yr r-) U to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Home Address: S 3. Home Telephone: s 4. occupation: .t -h 0 , e e of adjudication, of a felony in any jurisdiction? Any plea 5. Business Telephone: of nolo contendere (no contest) shall be considered a C7 - 6. Business Address: _ 8 5 llsI w nns) 4 ,b 1 v�- c, & Gr V B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (� �(N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a m (N) L-1 ivO conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? m (N) 4a. Do you presently serve on any other City of Cape / (Y)(N) Y Canaveral advisory board or committee? 4b. If yes to 4a, please list each: 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being < appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. if yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. B 'efly state your interest in serving on a City advisory board or co mittee: � �� C/�• re- hie"' r- `'/ l"Or�rhur„ P e , / s 17 2. Briefly state any prior experiences in serving on any governmental board or committee: ..ie 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: ,riiir [ �_ +.., i O/' L/'PAT f / N h P F/il / of G �'O' i7-! /17✓ %'i /'Y. 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American i/ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: 7 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address: aZii d L N�9 TiG�i✓/ -��'�' �O 3. Home Telephone: 4. Occupation: �CG/�3 T,/2E0 /✓//4547 5. Business Telephone: 6. Business Address: /c0'L ����/�''�;`,'-SitiD B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. you duly / 1. Y Y re Are istered to vote in Brevard County? 9 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 3b. If yes to 3a, have your civil rights been restored? (Y)(N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y)_(N) ' 4b. If yes to 4a, please list each: 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent G to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (`) (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (� (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. I NT ERESTSIEXPERI ENC E 1. Briefly state your interest in serving on a City advisory board or committee: 0 PPOz Trl/V i T?,? 0A/ r 2. Briefly state any prior experiences in serving on any governmental board or committee: A1.0 EX/JER 1,-1V G" /Al COVE EiV 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: .7EC/E' rt��v of fi�U/A�✓�s C1 03 OF CAPE/PO)Pr G4AMV644i_. 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. b. C. d. e. f. 9- h. i. j• Beautification Board Board of Adjustment' Business and Cultural Development Board Code Enforcement Board` Community Appearance Board' Construction Board of Adjustment and Appeals' Library Board Planning and Zoning Board` Recreation Board Other `Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: 0/ Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: Meeting Type: Regular Meeting Date: 08-21-07 AGENDA Heading Resolution Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-20, APPROVING THE FINAL REPLAT OF VILLA CIELO TOWNHOMES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2007-20, approving the final replat of Villa Cielo Townhomes, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This is a replat of Lots 7 and 8, Block 15 of Section 23, Township 24, South Range 37 East, Avon -by -the - Sea. Exhibits Attached: P&Z Board memo dated 8/3/07; City Planner's Report; Staff Review Comments; Certification of Title; Final Replat Drawing (handout) City Department GROWTH MGMT/P&Z cape- im\my ents\admin\coun \6eeting\2007\08-21-07\2007 RESOLUTION NO. 2007-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "VILLA CIELO TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John Butler, has complied with the re -platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Replat of Villa Cielo Townhomes, Replat of Section 23, Township 24 South, Range 37 East, Avon -by -the -Sea, Lots 7 and 8, Block 15 is hereby approved. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said re -plat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21 st day of August, 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\PLATS\FINAL\2007\Villa Cielo_07-20.doc Date: To: From August 3, 2007 City of Cape Canaveral Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Villa Cielo Final Replat At the Planning & Zoning Board meeting, held on July 25, 2007, by unanimous vote, the Board recommended approval of the above referenced final replat to the City Council with no noted conditions. Please schedule this site plan for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape 0 email: ccapecanaveral@cfl.rr.com (:11 Y OF CA -PE CA -NA VIRAL PRELIMINARY PLAT, EPLAT & FINA Project Name:�I �G �pt�j►��G�Y� RESIDENTIAL: PLAT RECEIPT 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? ' ✓ (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units Q $7.50 per unit Total: $ COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: ..............$ DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units ................... . �700001 Over 4 Units ................. $1,500.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Acres: Office Use Only: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: $ -100 - 0 C) TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ 5 0 - PAID RECEIPT NO. DATE RECV'D '71 01 0605'A.7 15:31 03147 PLL I Pial 3 $7`O.100 City of Cape Canaveral - Fino-i RepIcad Villa Cielo Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: James Morgan, initial applicant John Butler, current applicant Range: 37 Township: 23 Section: 24 0.28 +/- Acres 4 residential 4 14.28 DU/AC R-2 Residential R-2 Residential Description: The applicant proposes to build four (4), two story townhome units on a 0.28 acre lot. The subject site is located on the northwest quadrant of Magnolia Avenue and Jefferson Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2007 was 10,317. This is still adequate park space available. North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2007 was 10,317. This is still adequate park space available. AlA is operating at Level of Service "D" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "D" with 325 available trips. If developed completely as residential, the site could generate 2 to 3 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could 1,000 to 1,200 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 1,000 to 1,100 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The potential addition is unknown at this time. However it probably would not exceed 10 persons based on the maximum number of residential units. Page 1 of 1 Jim: Ford, CPA Brevard County Property Appraiser - Map. Search http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=BrevardI &id=200707... 7/18/2007 115 Vivo Jim Ford, CFA Brevard County Property Appraiser - Map Search ADAMS AV 1 3.01 123 1 2 9 10 11.01 15 1 2 4 5 60 [�] 9 loll 72 7 2 75 Page 1 of 1 1. o f 131.0 50.01 6 1 7 A 12 14 15 JEFFERSON AV 1 T23 4 5 1 6 7 1 11121 3 i 5 � 6 1 7 1 11 ZEm©ate®II ,2.01 ffil- tlel.;BiNmal http://www.brevardpropertyappraiser.com/scriptslesrimal).dll?name=Brevard] &id=200707 7/1 R/?nm 07/08/2007 23:59 321-783-7065 STOTTLER PAGE 02 July 9, 2007 Mr. Todd Peetz Planning Partnerships, Inc. 3585 Murrell Road Suite A Rockledge, FL 32955 RE: Final Plat Review —Villa Cielo -Review #3 SSA Job No. 05-0025, Task 053-1003 Dear Mr. Peetz: FILE COPY SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Si David Roy es, P M Chief Surve or DRJ:jIs cc: Susan L. Chapman City Engineer's Review Fee For Review #3 - $95.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOnUR STAGG & ASSOCIATES ARCHrMCTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 163D Cape Canaveral, Florida 32920 Tel 321.7831320 Fax 321-7837085 _. - _ _ Uc MAAC000329 #EB0000762 w RMna7M MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 06/25/07 RE: Final Replat Villa Cielo Public Works staff has reviewed the referenced final replat and have no comments or concerns. The proposed final replat does not vacate any existing easements. Page 1 of 1 Todd Peetz From: John Cunningham Ucunningham@ccvfd.org] Sent: Monday, June 11, 2007 11:38 AM To: Todd Peetz Subject: Re:Villa Cielo Townhomes Todd, We have review the replat and have no comments at this time Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 7/1 R/2M7 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: June 22, 2007 EVAOIJ Re: Villa Cielo Pj� Replat Review I have reviewed the Villa Cielo PTe#ffAffary Replat and have no comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. LAW OFFICES JOHN J. KABBOORID9 @Allo A PROFESSIONAL ASSOCIATION SUITE 801 1980 N. ATLANTIC AVENUE COCOA BEACH, FLORIDA 32931 Board of County Commissioners Brevard County, Florida 2725 St. Johns Street Building A, Suite 147 Melbourne, FL 32940 TELEPHONE (321) 799-3388 FAX (321) 799-4499 Email: john®kabboord.com Website; http://www.kabboord.com July 5, 2007 City of Cocoa Beach 2 South Orlando Avenue Cocoa Beach, FL 32931 Re: Certification to Title to that certain real property described as Lots 7 & 8, Blk. 15, AVON -BY -THE -SEA, PB 3-7, see Exhibit "A" attached Brevard County, Florida (the "Property") Gentlemen: OF COUNSEL F. PALMER WILLIAMS This firm is an authorized issuing agent for Commonwealth Land Title Insurance Company ("Commonwealth"). Commonwealth has caused to be conducted a plat certification search of the Public Records of Brevard County, Florida, with respect to the above described Property, through and including June 27, 2007. The undersigned, as issuing agent for Commonwealth, hereby certifies to you that the above-mentioned search of the Public Records of Brevard County, Florida, disclosed that as of June 27, 2007, record title to the Property is vested in VILLA CIELO DEVELOPMENT, INC., a Florida corporation. The search has revealed the following: 1. Mortgage dated December 9, 2005, from Villa Cielo Development, Inc., to Coastal Bank, recorded in O.R. Book 5577, page 7202. This mortgage was subsequently modified, by Mortgage Modification Agreement recorded in O.R. Book 5650, page 5351, and CORRECTED in O.R. Book 5650, page 5557. 2. Assignment of Leases, Rents and Proceeds, recorded in O.R. Book 5577, page 7217. 3. UCC -1 Financing Statement recorded in O.R. Book 5577, page 7223. Board of County Commissioners City of Cocoa Beach Page -2- July 5, 2007 There are no outstanding Mortgages encumbering the property except as set forth above. There are no other liens affecting the property, except for the lien of ad valorem real property taxes for 2007. This Certification of Title is being given to you in connection with the platting of the Property, and is not to be used for any other purposes nor copies delivered to any other persons or entities without the prior written consent of the undersigned. In accordance with Florida Statutes Section 627.7843 the liability the Company may sustain for providing incorrect information in this report shall be the actual loss or damage of the addressee named above, up to a maximum amount of $1,000.00. Sincerely, OJOHN-1�BBOORD, JR. JJKjr:kr Attachment: Exhibit "A" Legal Description cc: Villa Cielo Development, Inc. C:1MyDoc\Forms-RealEstate\OpinionofTitleLtr(VillaCielo) EXHIBIT "A" Lots 7 and 8, Block 15, AVON -BY -THE -SEA, according to the plat thereof as recorded in Plat Book 3, page 7, of the Public Records of Brevard County, Florida. JOINDER IN PLAT BY MORTGAGEE The undersigned mortgage holder, by virtue of that Mortgage executed December 9, 2005, by and between COASTAL BANK, (hereinafter referred to as the "Mortgagee"), and VILLA CIELO DEVELOPMENT, INC., a Florida corporation, (hereinafter referred to as "Mortgagor"), recorded in Official Records Book 5577, Page 7202, and modified by Mortgage Modification Agreements recorded in O.R. Book 5650, page 5351, and O.R. Book 5650, page 5557, of the Public Records of Brevard County, Florida, hereby consents to and joins in all respects in and to that plat of VILLA CIELO TOWNHOMES for all purposes stated therein. IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of July, 2007. Signed, sealed and delivered in the presence of: Witness Xm#wrz kAboism 5Lt,L'c �vx' Witness an ,4 L(Ylr,MU �� ✓l State of Florida County of Brevard COAST BANK By: Vivian Lin auer Sr, Vice President I HEREBY CERTIFY that on this day, before me, personally appeared Vivian Lindauer , asSr Vice Presidenbf COASTAL BANK, now o me or who has produced as identification, and that he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily and who did take an oath. -ITNESS my hand and official seal in the County and State last aforesaid this ��"��Fday of July, 2007. My Commission Expires: Notary Public, S a e of Florida at Large Print: ROBERTA DOERNER ROBERTADOERNER MY COMMISSION M DD 617962 EXPIRES: March 29, 2011 Bonded Thiu Notary Public UrWerv✓dWn C:1MyDoclForms-RealEstate-Joinder\VillaCielo (CoastalBank) CFN 2005438627 Book/Page 5577/7201 Prepared by and record and return to: WATSON, SOILEAU, DELEO, BURGETT & PICKLES, P.A. 3490 North U.S. Highway 1 Post Office Box 236007 Cocoa,1-32923 6007 (321) 631-1550 JOHN L. SOILEAU, ESQ. 05-7783 REC: $10.00 DOC: S CFN 2005438627 12-12.2005 1139 am OR Bookfnge: 5577 1 7201 SOOtt Ellis Clerk Of Covns, Brevam County Apga: t SNarhes: 3 Truss: 1.00 Roc: 9.00 Sorv:0.00 .• 072.50 �cise: 0.00 Y Int Tax. o.00 GRANTOR: RAYMOND J. CORRIVEAU AND MICHELE CORRIVEAU, Husband and Wife GRANTEE: VILLA CIELO DEVELOPMENT, INC., a Florida corporation . GRANTEE'S MAILING ADDRESS: 112 Bahama Blvd. Cocoa Beach, FL 32931 DATE: December _ t 12005 LEGAL DESCRIPTION OF PROPERTY LOCATED IN BREVARD COUNTY, FLORIDA: Lots 7 and 8, Block 15, AVON -BY -THE -SEA, according to the plat thereof, as recordedinPlat Book 3, Page 7, of the Public Records of Brevard County, Florida. The grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to the grantor in hand paid by the grantee, the receipt of which is aeknowledged, has granted, bargained and sold to the grantee, and the grantee's hears and assigns forever the land described above. The grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, This conveyance is subject to restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record and taxes for the year 2006 wbieh are not yet due and payable. Execution of deed witnessed by: P' 'Name: Pont . ? NV Print Name: 1 GRANTOR - a RAYMOND J. CORRIVEAU 224 Andros Avenue, Cocoa Beach, FL 32931 MJI CORRIVEAU 224 Andros Avenue, Cocoa Beach, TL 32931 Print Name /Y <1411 ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this f.� day of December 2005, by RAYMOND J. CORRIVEAU AND MICHELE CORRIVEAU, who are personally ]mown to me or who have produced a driver's license as identification and who did not take an oath. Notaryublic: JOM L 60"m MY COWA"Jon 0=1435 k► o EVk- October 29. 2W Name: -,122n' _ State of Florida at Large (SEAL) My Commission Expires: Appraiser's Identification Number: 24 -37 -23 -CO -1 5-7 CFN 2005438628 Book/Page 5577/7202 Prepared by, record and return to: John L. Soileau, Esquire Past Office Box 236007 Cocoa, FL 32923-6007 Our File No:05-7783 Doe: $3,237.50 Int:: $1,850.00 Rec: $129.00 CFN 2005438628 12-12-2005 11:29 am OR Sook/Page: 55771 7202 Scott Ellis Clerk Or Courts, Brevard County Wgs:15 #Names:2 rust: 8.00 Rae: 121.00 Serv.0.00 - 0.00 licase:0.00 Ntg: 1,309.00 Int Tax. 748.00 MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT THIS MORTGAGE AND SECURITY AGREEMENT (the "Mortgage"), made this . day of December, 2005, between VILLA CIELO DEVELOPMENT, INC., a Florida corporation, whose address 112 Bahama Boulevard, Cocoa Beach, FL 32931(the 'Borrower"), and COASTAL BANK, whose mailing address is 1701 North Atlantic Avenue, Cocoa Beach, Florida 32931 (the "Lender"); WITNESSETH: WHEREAS, Borrower is indebted to Lender in the principal sum of THREE HUNDRED SEVENTY-FOUR THOUSAND AND NO/100 ($374,000.00) DOLLARS, together with interest thereon, as evidenced by that certain promissory note of even date herewith, executed by Borrower and delivered to Lender, (the "Note"), which by reference is made a part hereof to the same extent as though set out in full herein, which provides that all principal and accrued interest is due and payable on or before December 1, 2006. The Note, thi s Mortgage and all other documents executed in connection therewith, now or hereafter, are herein referred to as the "Loan Documents)". NOW, WHEREFORE, to secure the performance and observance by Borrower of all covenants and conditions in the Note and in this Mortgage and in all other Loan Documents, and in order to charge the properties, interests and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of ONE DOLLAR ($1.00) paid by Lender to Borrower this date, and for other valuable considerations, the receipt of which is acknowledged; Borrower does hereby grant, bargain, sell, ali en, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warrant and confirm unto Lender, its successors and assigns forever: THE MORTGAGED PROPERTY (A) THE LAND. All the land located in the County of Brevard, State of Florida, (the "Land"), described as follows, to -wit: See Exhibit "A" (B) THE IMPROVEMENTS. TOGETHER WITH all buildings, structures and improvements of every nature whatsoever now or herealter situated on the Land, and all fixtures, machinery, appliances, equipment, furniture, and personal property of every nature whatsoever now or hereafter owned by Borrower and located in or on, or attached to, or used or intended to be used in connection with or with the operation of, the Land, buildings, structures or other improvements, or in connection with any construction being conducted or which may be conducted thereon, and owned by Borrower, including all extensions, additions, improvements, betterments, renewals, substitutions, and replacements to any of the foregoing and all of the right, title and interest of Borrower in and to any such personal property or fixtures (subject to any lien, CFN 2005438628 Book/Page 5577/7203 security interest or claim) together with the benefit of any deposits or payments now or hereafter made on such personal property or fixtures by Borrower or on its behalf (the "Improvements"). (C) EASEMENTS OR OTHER INTERESTS. TOGETHER WITH all easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in anyway belonging, relating or appertaining to any ofthe property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Borrower, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim and demand what- soever, at law as well as in equity, of Borrower of, in and to the same, including but not limited to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking ofthe property described in paragraphs (A), (B) and (C) (the "Property") hereof or anypart thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Property hereof or any part thereof, or to any rights appurtenant thereto, and all proceeds of any sales or other dispositions of the Property or any part thereof. A ASSIGNMENT OF RENTS. TOGETHER WITH all rents, royalties, issues, profits, revenue, income and other benefits from the Property to be applied against the indebtedness and other sums secured hereby, provided, however, that permission is hereby given to Borrower so long as no default has occurred hereunder, to collect, receive, take, use and enjoy such rents, royalties, issues, profits, revenue, income and other benefits as they become due and payable, but not in advance thereof, to enforce all Borrower's rights under any lease now or hereafter affecting the Property. The foregoing assignment shall be fully operative without any further action on the part of either party and specifically Lender shall be entitled, at its option upon the occurrence of a default hereunder, to all rents, royalties, issues,.profits, revenue, income and other benefits from the Property whether or not Lender takes possession of the Property. Upon any such default hereunder, the permission hereby given to Borrower to collect such rents, royalties, issues, profits, revenue, income and other benefits from the Property shall terminate and such permission shall not be reinstated upon a cure of the default without Lender's specific consent. Neither the exercise of any rights under this paragraph by Lender nor the application of any such rents, royalties, issues, profits, revenue, income or other benefits to the indebtedness and other sums secured hereby, shall cure or waive any default or notice of default hereunder or invalidate any act done pursuant hereto or to any such notice, but shall be cumulative of all other rights and remedies. (E) ASSIGNMENT OF LEASES. TOGETHER WITH all right, title and interest of Borrower in and to any and all leases now or hereafter on or affecting the Property together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to Borrower to collect the rentals and enforce its rights under any such lease. The foregoing assignment of any lease shall not be deemed to impose upon Lender any of the obligations or duties of Borrower provided in any such lease, and Borrower agrees to fully perform all obligations ofthe lessorunder all such leases. Upon Lender's request, Borrower agrees to send to Lender a list, or copy, of all leases covered by the foregoing assignment and as any such lease shall expire or terminate or as any new lease shall be made, Borrower shall so notify Lender in order that at all times Lender shall have a current list of all leases affecting the property. Lender shall have the right, at any time and from time to time, to notify any lessee of the rights of Lender as provided by this paragraph. From time to time, upon request of Lender, Borrower shall specifically assign to Lender as additional security hereunder, by an instrument in writing in such form as may be approved by Lender, all right, title and interest of Borrower in and to any and all leases now or hereafter on or affecting the Mortgaged Property, together with all security therefor and all monies payable thereunder, subject to the conditional permission hereinabove given to Borrower to collect the rentals and enforce its rights under any -2- CFN 2005438628 Book/Page 5577/7204 such lease. Borrower shall also execute and deliver to Lender any notification, financing statement or other document reasonably required by Lender to perfect the foregoing assignment as to any such lease. Upon the reasonable request of the Lender, the Borrower shall provide the Lender with estoppel letters or certificates from the various tenants, if any, occupying the Mortgaged Property, statins in detail, the current status of their lease and/or occupancy of the Mortgage Property. This instrument constitutes an absolute and present assignment of the rents, royalties, issues, profits, revenue, income and other benefits from.the Mortgaged Property, subject, however, to the conditional permission given to Borrower to collect, receive, take, use and enjoy the same and enforce its rights as provided hereinabove; provided, further, that the existence or exercise of such right of Borrower shall not operate to subordinate this assignment to any subsequent assignment, in whole or in part, by Borrower, and any such subsequent assignment by Borrower shall be subject to the rights of Lender hereunder. (F) FIXTURES AND PERSONAL PROPERTY. TOGETHER WITH a security interest in (i) all property and fixtures affixed to or located on the Property which, to the fullest extent permitted by law shall be deemed fixtures and a part of the Property; (ii) all articles of personal property and all materials delivered to the Property for use in any construction being conducted thereon, and owned by Borrower; (iii) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the fore- going; (iv) all contract rights, general intangibles, water and sewer payments, leases and lease payments, eminent domain awards, insurance policies and proceeds, actions and rights in action, as all of the same may relate to the Property; (v) all contracts, agreements, licenses and permits, now or hereafter in existence, used by the Borrower in connection with the operation of any business now, or hereafter, operated on the Land; and (vi) all instruments, documents, chattel papers and general business intangibles relatingto or arising from the collateral described in this paragraph (F) and all cash and non-cash proceeds and products thereof. The foregoing items (i), (ii) and (iii) (hereinafter the "Tangible Property") include (a) all rights, title and interest of Borrower in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the Property or under or above the same or any part or parcel thereof; (b) all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to the Property and including all trade, domestic and ornamental fixtures and articles of personal property of every ]rind and nature whatsoever now or hereafter located in, upon or under the Property or any part thereof and used or usable in connection with any present or future operation of the Property and now owned or hereafter acquired by Borrower, including, but without limiting the generality of the foregoing, all heating, air conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fireprevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces, oil burners or units thereof; appliances; air cooling and air conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings; together with all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein, including but not limited to lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wallboard, cabinets, nails, sinks, toilets, furnaces, heaters, brick, tile, water heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures and unattached refrigerating, cooking, heating and ventilating appliances and equipment; together with all proceeds, additions and accessions thereto and replacements thereof; (c) all of the water, sanitary and storm sewer systems now or hereafter owned by the Borrower which are now or hereafter located by, over and upon the Property or any part and parcel thereof and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, sewer and water tap units, and appurtenances thereto; and (d) all paving for streets, roads, walkways or entrance ways now or hereafter owned by Borrower and which are now or hereafter located on the Property or any part or parcel thereof. -3- CFN 2045438628 Book/Page 5577/7214 22. Taxes on Note and Mortgage. To pay any and all taxes which may be levied or assessed directly or indirectly upon the Note and this Mortgage (except for income taxes payable by the holder thereof) or the debt secured hereby, without regard to any law which may be hereafter enacted imposing payment of the whole or any part thereof upon the Lender, its successors or assigns. Upon violation of this agreement, or upon the renderingby any court of competent jurisdiction of a decision that such an agreement by the Borrower is legally inoperative, or if any court of competent, jurisdiction shall render a decision that the rate of said tax when added to the rate of interest provided for in said Mortgage Note exceeds the then maximum rate of interest allowed by law, then, and in any such event, the debt hereby secured shall, at the option of the Lender, its successors or assigns, become immediately due and payable, anything contained in this Mortgage or in the Mortgage Note secured hereby notwithstanding, without the imposition of premium or penalty. The additional amounts which may become due and payable hereunder shall be part of the debt secured by this Mortgage. 23. Time of the Essepce. Time is of the essence with respect to each provision of this Mortgage where a time or date for performance is stated. All time periods or dates for performance stated in this Mortgage are material provisions of this Mortgage. 24. Captions and Pronouns. The captions and headings of the various sections of this Mortgage are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular, and the masculine, feminine and neuter shall be freely interchangeable. 25. Nofice. Any written notice, demand or request that is required to be made in any of the Loan Documents shall be served in person, orby registered or certified mail, return receipt requested, or by express mail or similar courier service, addressed to the party to be served at the address set forth in the first paragraph hereof. The addresses stated herein may be changed as to the applicable party by providing the other party with notice of such address change in the manner provided in this paragraph. In the evcnt that written notice, demand or request is made as provided in this paragraph, then in the event that such notice is returned to the sender by the United States Postal Service because of insufficient address or because the party has moved or otherwise, other than for insufficient postage, such writing shall be deemed to have been received by the party to whom it was addressed on the date that such writing was initially placed in the United States Postal Service or courier service by the sender. 26. Waiver of Trial By Jury. The Borrower and the Lender knowingly, voluntarily and intentionally waive the right either may have to a trial by jury in respect of any litigation based hereon, or arising out of, under or in connection with this Mortgage and any agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either party. This provision is a material inducement for the Lender entering into the loan evidenced by this Mortgage. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors, and assigns ofthe parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS 'WHEREOF, the said Borrower has executed these presents the day and year first above written in manner and form sufficient to be binding. -13- CFN 2005438628 Book/Page 5577/7215 Signed, sealed and delivered in the presence of: 6nv,LJ- 4 -L- f -h-1-1 , Prfi tName- Print Name: STATE OF FLORIDA COUNTY OF BREVARD VILLA C1EL0 D.. LOPMENT, INC., a Florida corporati, P • , President The foregoing instrument was acknowledged before me this _I day of December, 2005, by PETER KEANE, as President of VILLA CIELO DEVELOPMENT, INC., a Florida corporation, who is 0 personally known to me, or ❑ produced a driver's license as identification, and who did not take an oath. lora 9. )ones MYCOMMMSIONa Doi3vp EMRES Print Name: st '+�°jf�,• 006 eaMX07WA�UTTROYYFUNWSuauHawC Notary Public, State of Florida Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this C day of December 2005, by BRYANT SMITH, as Secretary of V1,LLA C1ELO DEVELOPMENT, INC., a Florida corporation, who is 0 personally known to me, or Mfroduced a driver's license as identification, and who did not take an oath. •�•• ••• Lora S. ]ones MyC"Mo # DDIOU EXPIRES Augusts 2006 HQ �l BONDEOIFWUIWYFAMi4%MAXGF r -14- eycll� Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: CFN 2005438628 Book/Page 5577!7216 EXHIBIT "A" Lots 7 and 8, Block 15, AVON -BY -THE -SEA, according to the plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. CFN 2005438629 Book/Page 557717217 This Instrument Prepared By and Return to: John L. Suilcau, Esquire Watson, Soileau, Oclea, Burgett & Pickles, P.A. 3490 North U.S. Highway Cocoa, FL 32926 32]-631-}550 Our File No: 05-7753 1k REC.- $ CFN 2005438629 12-12-2005 11:29 am OR Book/Page: 5577 / 7217 Scott Ellis Clerk Of Courts, Brevard Courtly *Pgs:6 #Names:2 Trust: 3.50 Ree: 49.00 Serv:0.00 •+--a- 0.00 '!=!so:0.00 Mfg_0_00 bt Tax: 0.00 ASSIGNMENT OF RENTS, LEASES AND PROCEEDS FOR VALUE RECEIVED, VILLA CIELO DEVELOPMENT, .INC., a Florida corporation, whose address 112 Bahama Boulevard, Cocoa Beach, FL 32931. (the "Assignor"), does hereby sell, transfer and assign unto COASTAL BANK, whose address is 1701 North Atlantic Avenue, Cocoa Beach, Florida 32931 (the "Assignee"), and to the extent possible, grants a security interest in, all right, title and interest of Assignor in and to the income, rents, issues, profits, proceeds, revenues, royalties, rights and benefits, whether now or hereafter existing, owned, held or acquired under and from all leases or rental arrangements executed or delivered; both oral and written, now existing or hereafter made or existing ( singularly referred to as the "Lease' and collectively referred to as the "Leases") with respect to the real property, or any portion thereof, located in Brevard County, Florida, more particularly described in Exhibit "A". attached hereto and made a part hereof ( the "Property"). The Assignor does hereby empower the Assignee, its agents or attorneys to collect, sue for, settle, compromise and give acquittance for all of the rents that may become due under said Leases and avail itself of and pursue all remedies for the enforcement of the Leases and Assignor's rights in and under the Leases as the Assignor might have pursued but for this assignment. Except as otherwise disclosed to Assignee, the Assignor Warrants that no Leases have been entered into as of the date hereof. Assignor shall not enter into any. future Lease of the Property or any portion thereof without prior notice to the Assignee. With respect to any and all of the Leases, the Assignor warrants that as of that time: (i) Assignor has not heretofore assigned or pledged the same or any interest therein, (ii) no rent has been paid by any of the lessees thereunder for more than one month in advance, and (iii) no payment of the rents to accrue under the Leases has been or will be waived, released, reduced, discounted or otherwise discharged or compromised by the Assignor, directly or indirectly, by assuming any of such lessees' obligations with respect to other leased premises. The Assignor agrees: (a) that the Leases shall remain in full force and effect irrespective of any merger of the interest of the lessor and lessee thereunder; CFN 2005438629 Book/Page 5577/7221 This assignment shall cover all Leases and rental arrangements of the Assignor and all subsequent owners of the Property. IN WITNESS WHEREOF, the Assignor hereto has executed and delivered this assignment as of the day of December, 2005. Signed, sealed and delivered "ASSIGNOR" in the presence of STATE OF FLORIDA COUNTY OF BREVARD VILLA CIEL ELOP NT, INC., a Florida co n By: Peterane, President (CORPORATE SEAL) The foregoing instrument was acknowledged before me this —1day of December, 2005, by PETER I{EANE, as president of VILLA CiELO DEVELOPMENT, INC., a Florida corporation, on behalf of the corporation. Said person (check one) 0 is personally known to me, Mpfioduced a driver's license (issued bya state ofthe United States within the last five (5) years) as identification, or 0 produced other identification, to wit: Cy.et 0YV Print Name: Notary Public, State of Florida �r; DDIX9 OM Commission No.: '.R,, ,.f My Commission Expires: 5 CFN 2005438629 Book/Page 5577/7222 EXHiBTT i4A„ Lots 7 and 8, Block 15, AVON -BY -THE -SEA, according to the plat thereof, as recorded in Plat Book 3; Page 7, of the Public Records of Brevard County, Florida. CFN 2005438630 BooklPage 5577/7223 STATE OF FLORIDA UNIFORM COMMERCIAL. COPE FINAWYNG STATEMENT FORM A. NAME; & DAYTIME PHONE NUMBER OF CONTACT PERSON B. SEND ACKNOWLEWMENT7'O: Name Watson Soileau DeLeo Burgett & Pickles PA Address PO Box 236007 Address ci Statc0 Cocoa, F1. 32913-(007 ,FN 2005438630 12-42-2005 11:29 am )R SooWPage: 5577 / 7223 Scott ,Ellis Clerk Of courts, Brevard County #Pgs:3 #Names:2 Trust: 2.00 Rec: 25.00 Serv:0.00 - 0.00 _xoise:0.00 Mtg: 0.00 Int Tax 0.00 THEAw. 1. DEBTOR'S EXACT FVI.L LEGAL NAME - INSERT ONLY ONE DEBTOR NAME (1001t (b) - Do Not Abbreviate or Combine Names 2. ADDMONAI, DEBTOR'S EXACT FULL LEGAL NAME - INSERT ONLY ONE DEBTOR NANS (2a OR 2b) - Do Not Abbreviate or Combine Names la. ORGANIZATION'S NAME VILLA CIELO DKW1APMMT, INC. FIR.4TNAME lb. INDIVIDUAL'S LAST NAME FIRSTNAME MIDDLENAME5IIMI X My 10, MAIIJNc: ADDRESS ClT1' COCOA BEACH STATE FL 32931 COUNTRY REQUIREDADD'LMFO RE: ORGANIZATION DEBTOR 112 BAHAMA BOULEVARD 2g. ORGANIZATIONAL ID# © NONE USA Id. TAX IU q REQUIRED ADD'L 1NFORP.: ORGAN,7.AT[Ole, TYPE OF ORGANIZA11ON tf. JURISDIL710N OF ORGANIZATION Ig. OWANIZATIONAL 1D N DEBTOR CORPORATION P05000159987 2. ADDMONAI, DEBTOR'S EXACT FULL LEGAL NAME - INSERT ONLY ONE DEBTOR NANS (2a OR 2b) - Do Not Abbreviate or Combine Names 3. SWURE D PARTY'S NAME (or NAME or MT -AL ASSIGNEE of ASSIGNOR SIP) - INSERT ONLY ONE SECURED PARTY NAME (3a OR 31b) OROAN1ZATION'S NAME COASTAL BANK INDIVIDUAL: S LAST NAME IFIRSTNAMS IMWDLENAME 3c. MAILING ADDRESS CITY STATE FOSTALCODE OtJNTRY 1701 N. Atlantic Avenue CDeoa Beach FL 2931 USA 4. This FINANCING STATEMENT eovcm the fallowing collateral: The property covered by this Financing Staternent is described on Exhibit `B" attached hereto and is located upon the real property described on Exhibit "A" attached hereto. 5 AL'T'ERNATE DESIGNATION(ifupplicabla) ❑ LESSEEILkSSOR ❑ CONSIGNEEICONSIGNOR ❑ BAILEFl13A1LOR ❑ A(:. LIEN ❑ NON-UCIC FILING ❑ SELuRJBUYER 6, Florida DOCUMENTARY STAMP TAX YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX X All documentary stamps due aril payable or to become due and payable pusuuni to s. 201.22 FS,, have been paid. ❑ Florida Documentary Stamp Tax is not required. M 7. OPTIONAL FILER REFERENCE DATA STANDARD FORM - FORM UGC -1 (REV.12J2con Filing Olrke Copy Approved by the Seeretary or State, State of Fiarlda 2a. ORGANIZATION'S NAME 2b. INDIVIDUAL'S LA5TNAME FIR.4TNAME MIDDLENAM6 SUFFIX 2a MAILINOADI)RFSS My STATE POSTALCADP COUNTRY 2d. TAX TD s« REQUIREDADD'LMFO RE: ORGANIZATION DEBTOR 2e. TY PROFORGANUAT1ON EJUPISD1CIlONOFORGANIZATION 2g. ORGANIZATIONAL ID# © NONE 3. SWURE D PARTY'S NAME (or NAME or MT -AL ASSIGNEE of ASSIGNOR SIP) - INSERT ONLY ONE SECURED PARTY NAME (3a OR 31b) OROAN1ZATION'S NAME COASTAL BANK INDIVIDUAL: S LAST NAME IFIRSTNAMS IMWDLENAME 3c. MAILING ADDRESS CITY STATE FOSTALCODE OtJNTRY 1701 N. Atlantic Avenue CDeoa Beach FL 2931 USA 4. This FINANCING STATEMENT eovcm the fallowing collateral: The property covered by this Financing Staternent is described on Exhibit `B" attached hereto and is located upon the real property described on Exhibit "A" attached hereto. 5 AL'T'ERNATE DESIGNATION(ifupplicabla) ❑ LESSEEILkSSOR ❑ CONSIGNEEICONSIGNOR ❑ BAILEFl13A1LOR ❑ A(:. LIEN ❑ NON-UCIC FILING ❑ SELuRJBUYER 6, Florida DOCUMENTARY STAMP TAX YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX X All documentary stamps due aril payable or to become due and payable pusuuni to s. 201.22 FS,, have been paid. ❑ Florida Documentary Stamp Tax is not required. M 7. OPTIONAL FILER REFERENCE DATA STANDARD FORM - FORM UGC -1 (REV.12J2con Filing Olrke Copy Approved by the Seeretary or State, State of Fiarlda CFN2005438630 Book/Page 5577/7224 EXHIBIT "A" Lots 7 and 8, Block 15, AVON -BY -THE -SEA, according to the plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. CFN 2005438630 Book/Page 5577[7225 EXHIBIT "B" 1. The Financing Statement covers the following ty" and items of property located on or used in conjunction with the Real Property. 2. Any and all easements, rights-of-way, gores of land, streets, ways, alleys, passages, sewer rights, air rights, water, water stock, water rights, tides, interests, privileges, tenements, hereditarnents and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the Real Property or which hereafter shall in anyway belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Debtor, and the reversion and reversiuns, remainder and remainders, rents, issues, profits thereof, and all of the estate, right, title, interest, property, possession, claim and demand whatsoever at.law, as well as in equity, of the Debtor of, in and to the same. 3. All right, title and interest of the Debtor, if any, in and to the land lying in the bel of any streets, roads -or avenues, opened or proposed, in front of or adjoining the Real Property, and in and to the appurtenances thereto. 4. All rents, profits, issues and revenue of the Real Property and the buildings on the. Real Property from time to time accruing, whether under Icascs or tenancies now existing or heredi%r created. S. All of the Debtor's right, title and interest in and to any judgments, awards of damages, condemnation payments and settlements, including interest thereon, and the right to receive the same, which may be made with rospcct to the Real Property as a result of the exercise of the right of eminent domain, the alteration of the side of any street, any other injury or a decrease in the value of the Real Property, or proceeds of insurance awards. ti. All personal property, furnishings, equipment, inventory, and fixtures of every kind and nature whatsoever now or hereafter located on the Real Property or in any buildings or improvements upon the Real Property, or any part thereof, including, but not limited to those usable in connection with the construction of or any occupancy of any buildings on the Real Property or the operation of the Real Property, and all of the Debtor's equipment, machinery, furniture and other personal property located thereon or useful in connection with the operation thereof, whether tangible or intangible, and all additions thereto, and all substitutions and replacements therefor. 7. The Debtor's interest in all leases of the Real Property or portions thereof now existing or hereafter entered into by the Debtor, and all right, title and interest of the Debtor thereunder, including, without limitation, cash or securities deposited thereunder to secure performance by the lessees and vendees of their obligations thereunder, subject, however, to the terms of the leases pursuant to which such deposits are held. S. All deposits made with, or other security given to, utility companies by the Debtor or any partner of the Debtor with respect to the Real Property. 9. All proceeds of the conversion, voluntary or involuntary, of any of the Collateral described in this Exhibit into cash or liquidated claims, including, but not limitmi to, proceeds of insurance and condemnation awards, and specifically including the rights to any insurance proceeds arising out of any business interruption or loss of profits awards. 10. All rights to any permits, licenses, authorizations and approvals grantod to or otherwise held by the Debtor in regard to the Real Property such as, but not limited to, all building permits, catificates of occupancy, etc. 11. All rights of the Debtor to any contracts relating to the Real Property such as, but. not 1united to, all equipment leases, software licenses, service and funchise contracts, contracts with any general contractors with regard to improvements to be constructed on the Real Property, engineer contracts, architects contracts, etc. and to any engineering, architectural and other plans, drawings and specifications in connection therewith. 12. All intangible rights of the Debtor rcgurding the Real Property such as, but not limited to, fictitious name(a) used in conjunction therewith, all impact fee credits, sewer and water fee credits, sewer and water rights, and development rights, including, but not limited to, rights regarding concurrency and the tight to develop. 13. Al of the Debtor's rights under any payment bonds and/or performance bonds regarding any development and/or construction on the !teal Property. 14. All of the Debtor's rights in any construction and other materials stored on the Real Property or elsewhere. As used in this Schedule the term "include" is fur illustrative purposes only and is always without limitation. R---IV-d: -- "06 17:lSap Ii�I�IIi>91�lIil��Nlll��� IIIIIIlIlall�l��lllll11111�11� CFN ( 2006158524 05-25-2006 Illi � j 10:35 am C) PR e0ok/Pa9e: 5650 / 5351 This instrument prepared by: JOHN J. KABBOORD, JR., ESQ JOHN J. KABBOORD, JR., P.A. 1980 N. Atlantic Avenue, Suite 801 Cocoa Beach, FL 32931 Loan #0100203`106/File No. 06.2656 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 11 #Names:2 Trust: 6.00 Rec: 89.00 Serv:0.00 --- 0.00 �-Exclse: 0.00 'Wtq: 0.00 nt Tax: 0.00 MORTGAGE MODIFICATION AGREEMENT THIS MORTGAGE MODIFICATION AGREEMENT, made this 15th day of MAY, 2006, by and between ViLLA C1ELO DEVELOPMENT, INC., A FLORIDA CORPORATION ("MORTGAGOR"), and COASTAL BANK ("MORTGAGEE"); WITNESSETH WHEREAS, MORTGAGEE is the owner and holder of that certain mortgage dated DECEMBER 9, 2005, made by the MORTGAGOR to the MORTGAGEE filed DECEMBER 12, 2005, in Official Records Book 5577, Page 7202, of the Public Records of Brevard County, Florida, said mortgage securing a debt evidenced by a promissory note of even date therewith in the principal amount of $374,000.00, which mortgage encumbers the property more particularly described in the mortgage, and WHEREAS, MORTGAGOR, is the owner in fee simple of all of the property subject to the mortgage, has requested MORTGAGEE to modify the note and mortgage, and the parties have mutually agreed to modify the terms thereof in the manner hereafter set out. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in consideration of the sum of $10.00, each to the other in hand paid, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The unpaid principal balance of the note is $ 374,000.00 and interest has been paid to MAY 15, 2006. 2. Mortgagor has requested and Mortgagee has agreed to advance the sum of $906,000.00 increasing the unpaid principal balance due on the note to $1,280,000.00 and modifying the payment terms and other conditions in accordance with the terms and provisions of Exhibit °A" Consolidated Promissory Note attached hereto and incorporated herein by reference. 3. The MORTGAGOR hereby reaffirms all of its obligations set forth in the note and mortgage and agrees to perform and be bound by each and all of the covenants, agreements and obligations in the mortgage and note as herein modified. Page "1" 5. The MORTGAGOR hereby reaffirms all of its obligations set forth in the note and mortgage and agrees to perform and be bound by each and all of the covenants, agreements and obligations in the mortgage and note as herein modified. 6. All of the property described in the mortgage, less any part thereof that may have heretofore been released, shall in all respects be subject to the lien, charge and encumbrance of the mortgage and nothing contained herein or done shall affect the lien, charge or encumbrance effected by the mortgage, or the priority thereof over other liens, charges, encumbrances or conveyances. 7. Nothing contained herein invalidates or shall impair or release any covenants, conditions, agreements or stipulations in the note and mortgage and the same, except as herein modified, shall continue in full force and effect. The undersigned further covenant and agree to perform and comply with and abide by each of the covenants, agreements, conditions and stipulations of the note and mortgage which are not inconsistent herewith. 8. , In case any installment of interest or principal of the note is not paid promptly as they become due and payable according to the terms and tenor thereof, or if each and every of the stipulations, agreements, covenants and conditions of the note and mortgage, as herein modified, and of these presents, any or either, are not duly performed, complied with and abided by, then and in are not duly performed, complied with and abided by, then and in either of such events, the balance then unpaid of the principal sum of the note, as herein modified, with accrued interest, and all other sums provided for in and by the note and mortgage, shall be immediately due and payable and suit may be brought on the note and/or the mortgage may be foreclosed in the manner and as fully and completely and with the same effect as if the said indebtedness of the note were originally stipulated to be paid on that date or had otherwise matured, anything in the note and mortgage or herein to the contrary notwithstanding. 9. All of MORTGAGEE'S rights against all parties, including but not limited to, all parties secondarily liable, are hereby reserved. 10. . This agreement shall be binding upon and shall insure to the benefit of the heirs, personal representatives, administrators and assigns, or successors and assigns of the respective parties hereto. 11. All pronouns and all variations thereon shall be construed so as to refer to the masculine, feminine, neuter, singular and plural form thereof as required by the identity of the person or persons or the situation. CFN 2006158524 Page "2" OR BcoWPage: 5650 / 5352 C IN WITNESS WHEREOF, this Mortgage Modification Agreement has been duly executed by the parties hereto on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: LAURIE BOHANNAN STATE OF FLORIDA COUNTY OF BREVARD MORTGAGOR: ERIC M. F E MORTGAGEE: COAST BANK By: The foregoing instrument was acknowledged before me this A_ day of MAY, 2006, by ERIC M. HEFLEY, who are personally known to me or who have produced their divers's licenses as identification and who did take an oat No ary P i r JOHN J. KABBOORD, JR. Il I IIII !! �IIIII MY COMMISSION # DO 194324 Il I I�IIIII tlIIIIIIII�IIIIIII���II �i :o EXPIRES: ryPY 11, 2007 III�III�i�I�I�IIIIIIIIIIIu��III�II or Bax1u0TANNeNPublic Underwrifers CFN 200611585214 ll OR Book/Page: 5650 / 5353 Page "Y' STATE OF FLORIDA COUNTY OF BREVARD The foregoing, instrument was acknowledged before me this /0 day of MAY, 2006, byV)V1 An Liauer-as V(cc.P,ef je„,+of Coastal Bank who is personally known to me and who did take an oath. Notary Public C:\MyDoc\CoastalBan k ForTns\MtgModAgmt(Coastal) Page "4” Laurie Bohannan :> MYCOMMWON F nnl,99XR Mace �' o,< May 21, 2006 Z 111 �i SONDED THRU TROY FAIN INSURANq INC CFN aa,�...,. ssso , 5354 _ ._ . flB�lllllllillll��fNllllf IIIIBI�IIIIII1111fBlfl�lllnfllll(1111111 CFN 2006158524 Exhibit "A" OR Book/Page: 5650 / 5355 CONSOLIDATED ADJUSTABLE RATE NOTE (1 Year TrmsmyIndex -Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. May 10, 2006 COCOA BEACH FLORIDA (Date] [City) Istatel 110 Edgewater Way, Merritt Island, FL 32953 RYOteriAd&=1 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $465,500.00 (this amount is called "Principal'), plus interest, to the order of the Lender. The Lender is COASTAL BANK I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. PMPXST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.7500% . The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on July 1, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied` as of its scheduled due date and will be applied to interest before Principal. If, on June 1, 2036 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date" I will make my monthly payments at 1701 NORTHATLANTIC AVENUE COCOA B E A C H, FLORIDA 32931 or at a diffc=tplace ifrequiredby the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the arnotint of U. S. 5 3,019.22 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest tate and the changed amount of my monthly payment in accordance with Section 4 oftivs Note. d F" CFN 2006158524 OR Book/Page: 5650 / 5356 4. INTEREST RATE AND MONTHLY PAYMlWr CHANGES (A) Change Dates The interest nate I will pay may change on the fust day of June, 2007, and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the fust Change Date, my interest rate will be based on an Index The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder wr11 give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Seven Eighths percentage points ( 2.8750 %) to the Current Index The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.750% or less than 6.750% Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.750% or less than 6.750%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone nurnber of a person who will answer any question 1 may have regarding the notice. 5. B ORROWER' S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so, I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment However, any reduction due to my partial Pie payment may be offset by an interest rate increase. t 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from C 111101111111111 CFN 2006158524 OReww,a. 5650 i 5357 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be rei mired to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: !,,y i /" 11111111011111111111 CFN o+emw,a55650 i 5358 If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted m Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Inshrnent Borrower will continue to be obligated under the Nobe and this Security Instr urnent unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less dhan 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instnnrrent If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Inst ur erht without fir lha notice or demand on Borrower. 12. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) `ERIC M. HE. Y Borrower Bawer _ (Seal) Borrower (Seal) Borrower (Seal) Borrower (Sign original Only) _ (Seal) Borrower (Seal) Borrower (Seal) Borrower CFN 24 aaw.,o�.56650 r 5359 Exhibit "B" CONSOLIDATED ADJUSTABLE RATE RIDER (1 Year Treasury Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 10th day of May, 2006 and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrowers Adjustable Rate Note (the "Note") to COASTAL BANK (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 110 Edgewater Way, Merritt Island, FL 32953 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.7500%. The Note provides for changes in the interest rate and the monthly payments as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates . The interest rate I will pay may change on the first day of June, 2007 and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B)Theindex Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." CFN 2006158524 OR Book/Page: 5650 / 5360 If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and Seven Eighths percentage points ( 2.8750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.750 % or less than 6.750 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.750 % nor less than 6.750%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option If: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new 4 loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Li (Seal) RIC M. L -Borrower CFN 2006158524 OR Book/page: 5650 / 5361 This instrument prepared by: JOHN J. KABBOORD, JR., ESQ. JOHN J. KABBOORD, JR., P.A. 1980 N. Atlantic Avenue, Suite 801 Cocoa Beach, FL 32931 Loan #0100203106/File No. 06-2656 I Illlll hill III IIIII IIIII11111 IIIII IIIII VIII IIIII Illll VIII IIII nl� 11111111 CFN 2006158569 05-25-2006 10:55 am OR Book/Page: 5650 / 5557 �►v Scott Ellis Clerk Of Courts, Brevard County #Pgs:10 #Names:2 Trust: 5.50 Rec: 81.00 Serv:0.00 - 0.00 Mtg: 3,171.00 °xcise:0.00 nt Tax: 1,812.00 MORTGAGE MODIFICATION AGREEMENT THIS MORTGAGE MODIFICATION AGREEMENT, made this /5- day of MAY, 2006, by and between VILLA CIELO DEVELOPMENT, INC., A FLORIDA CORPORATION ("MORTGAGOR"), and COASTAL BANK ("MORTGAGEE"); WITNESSETH WHEREAS, MORTGAGEE is the owner and holder of that certain mortgage dated DECEMBER 9, 2005, made by the MORTGAGOR to the MORTGAGEE filed DECEMBER 12, 2005, in Official Records Book 5577, Page 7202, of the Public Records of Brevard County, Florida, said mortgage securing a debt evidenced by a promissory note of even date therewith in the principal amount of $374,000.00, which mortgage encumbers the property more particularly described in the mortgage, and WHEREAS, MORTGAGOR, is the owner in fee simple of all of the property subject to the mortgage, has requested MORTGAGEE to modify the note and mortgage, and the parties have mutually agreed to modify the terms thereof in the manner hereafter set out. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and in consideration of the sum of $10.00, each to the other in hand paid, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows: 1. The unpaid principal balance of the note is $ 374,000.00 and interest has been paid to APRIL 1, 2006. 2. The terms and provisions of the note are amended and modified in accordance with the terms and provisions of Exhibit "A" Consolidated Note attached hereto and incorporated herein by reference. 3. The MORTGAGOR hereby reaffirms all of its obligations set forth in the note and mortgage and agrees to perform and be bound by each and all of the covenants, agreements and obligations in the mortgage and note as herein modified. Page "1" �am�..CFN ��=6=0 , 5558 4. All of the property described in the mortgage, less any part thereof that may have heretofore been released, shall in all respects be subject to the lien, charge and encumbrance of the mortgage and nothing contained herein or done shall affect the lien, charge or encumbrance effected by the mortgage, or the priority thereof over other liens, charges, encumbrances or conveyances. 5. Nothing contained herein invalidates or shall impair or release any covenants, conditions, agreements or stipulations in the note and mortgage and the same, except as herein modified, shall continue in full force and effect. The undersigned further covenant and agree to perform and comply with and abide by each of the covenants, agreements, conditions and stipulations of the note and mortgage which are not inconsistent herewith. 6. In case any installment of interest or principal of the note is not paid promptly as they become due and payable according to the terms and tenor thereof, or if each and every of the stipulations, agreements, covenants and conditions of the note and mortgage, as herein modified, and of these presents, any or either, are not duly performed, complied with and abided by, then and in are not duly performed, complied with and abided by, then and in either of such events, the balance then unpaid of the principal sum of the note, as herein modified, with accrued interest, and all other sums provided for in and by the note and mortgage, shall be immediately due and payable and suit may be brought on the note and/or the mortgage may be foreclosed in the manner and as fully and completely and with the same effect as if the said indebtedness of the note were originally stipulated to be paid on that date or had otherwise matured, anything in the note and mortgage or herein to the contrary notwithstanding. 7. All of MORTGAGEE'S rights against all parties, including but not limited to, all parties secondarily liable, are hereby reserved. 8. This agreement shall be binding upon and shall insure to the benefit of the heirs, personal representatives, administrators and assigns, or successors and assigns of the respective parties hereto. 9. All pronouns and all variations thereon shall be construed so as to refer to the masculine, feminine, neuter, singular and plural form thereof'as required by the identity of the person or persons or the situation. Page ,.2„ I�F�NA9��n�MMl�tl OR eww.a:CFN §5650 i 5559 IN WITNESS WHEREOF, this Mortgage Modification Agreement has been duly executed by the parties hereto on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: STATE OF FLORIDA COUNTY OF BREVARD MORTGAGOR: VILLA CIELO DEVELOPMENT, INC., A FLORIDA CORPORATION M fB F. KEANE, BRYXNT l'YSMITHF, II, S MORTGAGEE: COAST BANK By: 41IJ-1111 The foregoing instrument was acknowledged before me this 1 J day of MAY, 2006, by PETER K. KEANE, PRESIDENT AND BRYANT O. SMITH II, SECRETARY, OF VILLA CIELO DEVELOPMENT, INC., A FLORIDA CORPORATION, who are personally known to me or who have produced drivers licenses as idfication and who did take an oath. Ndtary rr H+ Pati; JOHN J. KABBOORD, JR. Page 3 ;., c• MY COMMISSION A DD 194324 aS EXPIRES: May 11 2007 9ondod TAru Notary Public Undarwritera STATE OF FLORIDA COUNTY OF BREVARD I ..1 —.7 CFN 2006158569 OR BooVPage: 5650 / 5560 The forego'U/iAW,-; i strument was acknowle ged before me this 15 day of MAY, 2006, bA �11�G1t�J« asUrPe? �,��o� {-of Coastal Bank who is personally known to me and who did take an oath. Not tic C:IMyDoclCoasta (Bank FormsWtgModAgmt(Coastal) Page N" JOHN J. KABBOORD JR. COMMISSION 0 DD 194324 EXPIRES: May 11 2007 Bonded Thru Noury Pu60c Undurwritarc CFN 2006958569 ' �� ( OR Book/Page: 5650 / 5561 CONSOLIDATED PROMISSORY NOTE $1,280,000.00 Cocoa Beach, Florida May 15, 2006 THE UNDERSIGNED ('Borrower'), promises to pay to the order of COASTAL BANK CLende % at its offices at 1701 North Atlantic Avenue, Cocoa Beach, Florida 32931, the principal sum of One Million Two Hundred Eighty Thousand ($1,280,000.00) Dollars, or so much thereof as may be advanced and outstanding from time to time, with interest on the unpaid principal from the date of each such advance at the following rate and payable in the following manner. Term. Twenty -Four (24) consecutive monthly payments of interest only shall be due, commencing on June 1, 2006, and continuing on the like day of each month thereafter. The entire principal balance, together with accruedmterest, is due and payable on or before May 1, 2008. Interest Rate. The interest rate on this note shall initially be EIGHT (8.0%) percent per annum, and is subject to change based on changes in an independent index which is the prime rate as published in the Wall Street Journal (the "Index'). The interest rate to be applied to the unpaid principal balance of this note will be at a rate of zero (0) percentage points over the Index, subject always to the minimum and maximum rate limitations described below. When a range of rates has been published, the higher of the rates will be used. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notice to Borrower. Lender will advise Borrower of the current Index rate upon Borrower's request. Rate Adjustment; Limitations. The interest rate will adjust on each date the Index adjusts, and shall continue to adjust in that manner during the term of this loan. Lender will calculate the new interest rate utilizing the Index last published, adding to it the zero (0) percentage points referenced above. Under no cis will the interest rate on this Note be or adjust to an amount less than Eight (8.0%) percent per annum, or more than (except for any higher default rate shown below) the lesser of eighteen (18) percent per annum or the maximum rate allowed by applicable law. Default Rate. After the occurrence of an Event of Default, as hereinafter defined or after maturity, this Note and all sums due hereunder shall bear interest at the maximum. rate permitted by law ('Penalty Rate') from the date of default or maturity until paid , Interest Parity. This loan evidenced by this Note is being made pursuant to the rate provisions of Chapters 665 and 687 ofthe Florida Statutes. Late e. If any payment hereunder (other than the final payment) is not made within fifteen (15) days after it is due, the Borrower shall pay to Lender a late charge equal to five percent (5%) of the late paymwt Documentary Tax. Documentary stamp tax has been paid and the stamps affixed to the mortgage securing this Note. Prepayment. The Borrower shall have the privilege of prepaying this Note in part or in full, without penalty, at any time, and any prepayment shall be applied to the installment or installments of principal last maturing. No partial prepayment shall excuse or defer Borrower's subsequent payment obligations. CFN oaaPoW..5o.3fi5650 i 5562 Application of Payments. All payments made on the indebtedness evidenced by this Note shall be applied first to repayment of monies paid or advanced by Lender on behalf of the Borrower in accordance with the terns of the Mortgage securing this Not; and thermfler shall be applied to payment of accrued interest and lastly to payment of principal. Place and Manner of Payment All payments of interest and principal are payable at the offices of Lender, or at such other place as the holder may designate in writing, in lawful money of the United States of America Secuji This Note is secured by, among other things, a Mortgage (the 'Mortgage") upon real property (the "Property) in Brevard County, Florida. This Note, the Mortgage and other loan documents as maybe now or hereafter executed in connection therewith CT-oan Docu ment(s)'D shall together evidence the debt and constitute the security for the Note. Events of Default Borrower shall be in default in this Note upon the occurrence of any of the following events, circumstances or conditions (each an'Event of Default'): (a) Borrower's farlure to make any payment ofany sum due hen:Tmderwithin fifteen (15) days ofthe due date thereof without firther notice or demand, or to make any other payment due by the Borrower to the Lender under any other promissory not or under any security agreement or other written obligation of any land now existing or hereinafter created (b) The existence of a default or breach of any of the terms of this Note, any other obligation to Lender, or any other Loan Document; that is not cured within any applicable grace and/or cure period Remedies after Default At the option of Lender, all or any part of the principal and accrued interest on the Note, and all other obligations of the Borrower to the Lender shall become immediately due and payable without additional notice or demand, upon the occurrence of an Event of Default or at any time thereafter. Lender may exercise all rights and remedies provided by law, equity, this Notre or any other Loan Document or any other obligation of the Borrower to the Lender. All rights and remedies as set forth in the Loan Documents are cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of Lender, and may be exercised as often as occasion therefore shall arise. Such remedies are not exclusive, and Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth thenen.. No act; or omission or commission or waiver of Lender; including specifically any fail= to exercise any right; remedy or recourse, shall be effective unless set forth in a written document executed by Lender and then only to the extent specifically recited therein. A waiver or release with reference to one event shall not be construed as continuing, as a bar to, or as a waiver or release of any subsequent right, remedy or recourse as to any subsequent event Right of Set-off. Neither the Borrower, any co-signer, endorser, surety nor guarantor shall have any right of set-off against the Lender under this Note or under any Loan Document executed in connection with the loan evidenced by this Note. In addition to the remedies provided for herein, the Borrower, each co-signer endorser, surety or guarantor grants to the Lender a security interest in any funds or other assets from time to time on deposit with or in possession of the Lender, and the Lender may, at any time set-off the indebtedness evidenced by this Note against any such fiords or other assets, including but not limited to, all money owed by Lender to Borrower, each co-signer, endorser, surety or guarantor whether or not due. Borrower, each co- signer, endorser, surety or guarantor aclmowledge and agree that Lender may exercise its right of set-off to pay all or any part of the outstanding principal balance and accrued interest owed on this Note or on any other obligation of the Borrower to the Lender against any obligation Lender may have, now or hereafter, to pay TN 0 T Q 46-- pe- CFN 2006158569 yam,.,,.. 5650 i 5563 money to Borrower, each co-signer, endorser, surety or guarantor. This right of set-off includes, but is not Limited to, the following: (a) Any deposit, account balance, securities account balance or certificate of deposit balance Borrower has with Lender whether special, general, time, savings, checking or NOW account; and (b) Any money owing to Borrower on an item presented to Lender or in Lender's possession for collection or exchange; and (c) Any repurchase agreement or any other non -deposit obligation orany credit in favor ofBorrower. If any such money is also owned by some other person who has not agreed to pay this Note (such as another depositor on a joint account), Lender's right of set-off will oderud to the amount which could be withdrawn or paid directly to Borrower on Borrower's request, endorsement or instruction alone. In addition, (where Borrower may obtain payment from Lender only with the endorsement or consent of someone who has not agreed to pay this Note), Lender's right ofset-0ffwill extend to Borrower's interest in the obligation. Lender's right of set-off will not apply to any account if it clearly appears that Borrower's rights in the account are solely as a - fiduciary for another or to any account, which by its nature and applicable law (for exarrrple an IRA or other tax deferred retirement account), must be exempt from the claims of creditors. Borrower hereby appoints Lender as its attorney-in-fact and authorizes Lender to redeem or obtain payment on any certificate of deposit in which Borrower has an interest in order to exercise Lender's right of set-off. Such authorization applies to any certificate of deposit even if not matured Borrower fialher authorizes Lender to assess and withhold any early withdrawal penalty without liability against Lender in the event such penalty is applicable as a result of Lender's set-off against a certificate of deposit prior to its maturity. Lender's right of set-off may be exercised upon an Event of Default: (a) Without prior demand or notice; and (b) Without regard to the existence or value of any collateral securing this Note, and (c) Without regard to the number or creditworthiness ofany other persons who have agreed to pay this Notre. Lender will not be liable for dishonor of a check or other request for payment where there is insufficient funds in the account (or other obligation) to pay such request because of Lender's exercise of its right of set-off. Borrower agrees to indemnify and hold Lender harmless from any person's claims, arising as the result of Lender's right of set-off and the costs and expenses, including without limitation, attorneys' fees. Collection Expenses. All parties liable for the payment of the Note agree to pay the Lender all costs incurred by the Lender, whether or not an action be brought, in collecting the sums due under the Note, enforcing the performance and/or protecting its rights under the Loan Documents and in realizing on any of the security for the Note. Such costs and expenses shall include, but are not limited to, filing fees, costs of publication, deposition fires, stenographer fees, witness fees and other court and related costs. Sums advanced by the Lender for the payment of collection costs and expenses shall accrue interest at the Penalty Rate, from the time they are advanced or paid by the Lender, and shall be due and payable upon payment by Lender without CFN 2006158569 Ma'�� 5850 i 5566 mo�amww and aevrve memM�timarmeMm�ya Attorneys' Fees. All parties liable for the payment of the Note agree to pay the Lender reasonable attorneys' fees incurred by the Lender, whether or not an action be brought; in collecting the sums due under the Note, enforcing the performance and/or protecting its rights under the Loan Documents and in realizing or any of the security for the Note. Such reasonable attorneys' fees shall include, but not be limited to, fees for attorneys, paralegal's, legal assistant's, and expenses incurred in any and all judicial, bankruptcy, reorganization, administrative receivership, or other proceedings effecting creditor's rights and involving a claim under the Note or any Loan Document, which such proceedings may arise before or after entry of a final judgment Such fees shall be paid regardless whether suit is brought and shall include all fees incurred by Lender at all trial and appellate levels including bankruptcy court Sums advanced by the Lender for the payment of attorneys' fees shall accrue interest at the Penalty Rate; from the time they are advanced by the Leader, and shall be due and payable upon payment by Lender without notice or demand and shall be secured by the lien of the Mortgage. Waiver and Consent By the maldng, signing, endorsement or guaranty of this Note: (a) Borrower and each co-signer, endorser, surety orguarantor waive protest, presentment for payment; notice of dishonor, notice of intent to accelerate and notice ofacceleration; (b) Each co-signer, endorser, surety or guarantor consents to any renewals or extensions of time for payment on this Note; (c) Borrower and each co -signor, endorser, surety or guarantor consents to Lender's release of any co- signer, endorser, surety or guarantor, (d) Borrower and each co -signor, endorser, surety or guarantor waive and consent to the release, substitution or impairment of any collateral securing this Note; (e) Each co-signer, endorser, surety or guarantor consents to any modification of the terms of this Note or any other Loan Document; (fl Borrower and each co -signor, endorser, surety or guarantor consent to any and all sales, repurchases and participations of this Note to or by any person or entity in any amounts and waive notice of such sales, repurchases and participations of this Note; and (g) Borrower and each co -signor, endorser, surety or guarantor consent to Lender's right of set -of as well as any participating bank's right of set-off (h) Borrower and each co -signor, endorser, surety or guarantor promise to pay all collection costs, including reasonable attorneys' fees, whether incurred in connection with collection, trim, appeal or otherwise. Usury Limitation. The parties agree and intend to comply with the applicable usury law, and notwithstanding anything contained herein or in any of the Loan Documents, or other document related to the loan evidenced by this Note, the effective rate of interest to be paid on this Note (including all costs, charges and fees which are characterized as interest under applicable law) shad not exceed the maximum contr= rate of interest permitted under applicable law, as it exists from time to time. Lender agrees not to knowingly collect or charge interest (whether denominated as fees, interest or other charges) which will render the interest rate hereunder usurious, and if any payment of interest or fees by Borrower to Lender would render this Note 1NMALS K OL—_ CFN 2006158569 ORSOOk/Page: 5650 / 5565 usurious, Borrower agrees to give Lender written notice of such fact with or in advance of such payment if Lender should receive any payment which constitutes interest under applicable law in excess of the maximum lawful contract tate pemutted under applicable law (whether denominated as interest, fees or other charges) the amount of interest received in excess of the maximum lawful rate shall automatically be applied to reduce the principal balance, regardless of how such sure is characterized or recorded by the patties. Joint and Several. The obligations ofthis Note shall bejoint and several No Obligation to Extend. On the Maturity Date, Borrower must repay the entire principal balance of this Note and unpaid interest then due. The Lender shall be under no obligation to refinance the loan at that tone. Borrower will therefore be required to make payment out of other assets Borrower may own, or Borrower will have to find a lender willing to lend Borrower the money at prevailing market rates, which may be considerably higher than the interest rate on this Note. Metaimer of Relationship. The Borrower and all co-signers, endorsers, sureties and guarantors, if any, to this obligation acknowledge that: (a) The relationship between the Lender, Borrower and any co-signer, endorser, surety or guarantor is one of creditor and debtor and not one of partner or joint venthu+e; (b) There exists no confidential or fiduciary relationship between Lender and Borrower and any co- signer, endor=, surety or gumntor imposing a duty ofdmlosrme upon the Lender, and (q) The Borrower and any co-signer, endorser, surety or guarantor have not relied on any representation of the Lenderregarding the merits ofthe use ofpnoceeds ofthe loan. Borrower and any co-signer, endorser, surety or guarantor waive any and all claims and causes of action which exist now or may exist in the future arising out of any breach or alleged breach of a duty on the part ofthe Lender to disclose any facts material to this loan transaction and the use ofthe proceeds. Choice of Lav and Venue. This Note shall be governed by the Laws of the State of Florida, and the United States of America, whichever the context may require or permit The Borrower and all guarantors, if any, to this obligation expressly agree that proper venue for any action which may be brought under this Note in addition to any other venue permitted by law shall be any (county in which property encumbered by the Mortgage is located as well as Brevard County, Florida. Should Lender institute any action under this Note, the Borrower and all guarantors, ifany, hereby submit themselves to the jurisdiction of any court sitting in Florida Severability. If any provision of this Note shall be held unenforceable or void, then such provision shall be deemed severable from the remaining provisions and shall in no way affect the enforceability of the remaining provisions nor the validity of this Note. Borrower and Lender Defined. The term "Borrower" includes each and every person or entity signing this Note and any co-signers, guarantors, their successors and assigns. The tern 'T.erxWl shall include the Lender and any transferee and assignee of Lender or other holder of this Note. Captions and Pronouns. The captions and headings of the various sections of this Note are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the provisions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural INITIALS _(/#'- OdK 5 iiiiiiiiiiiiiiiii CFN aaam�,e=a�so , 5566 shall include the singular, and the masculine, feminine and neuter shall be freely interchangeable. Receiut of Copy. By signing this Note, Borrower acknowledges that it was read by Borrower prior to execution and a copy was received by Bonower. Business Pun se. Borrower represents and warrants that the loan or credit represented by this Note is only for business or conun=ial purposes of the Borrower other than agricultural purposes and the proceeds of the loan are not being used for personal, family, household or agricultural purposes. Time of the Essence. Time is of the essence with respect to each provision in this Note where a time or date for performance is stated. All time periods or dates for perfomrance stated in this Note are material provisions of this Note. Modification in Mddnz Tins Note may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by an instrument in writing which is signed by the party against whom 19; of of any waiver, amendrnent; change, modification of discharge is sought Waiver of Trial by Jury. The Borrower hereby, and the Lender by its acceptance of this Note, knowingly, voluntarily and intentionally waive the right either may have to a trial by jury in respect of any litigation arising out of, under, or in connection with this Note and all Loan Documents and other agreements.executed or contemplated to be executed in connection herewith, or arising out of, under, or in connection with any course of conduct, course of dealing, statements (whether verbal or written) or action of either party, whether in connection with the making of the loan, collection of the loan, or otherwise. This provision is a material inducement for the Lender making the loan evidenced by this Note. IN WITNESS WHEREOF, Borrower has executed and delivered this instrument effective the day and year fust above written. VILLA CIELO DEVE , INC., A FLORIDA CORPORATION r' BY. PETER F. KEANE, PRESIDENT NIM ANT O. SMM4, SECRETARY IMTCALS OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company It POLICY NUMBER LandAmeriea Commonwealth Land Title Insurance Company is a member of the A 0 2 — 111 1 � b 0. Commonwealth LandAmeriea family of title insurance underwriters. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its ra a name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY do Secretary L President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent lraiisfei; Gi (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to ?mpart notice to a purchaser for value or a judgment or lien creditor. ALTA Owner's Policy (10/17/92) with Florida Modifications Valid only if Schedules A and B are attacnea Policy A02-1171760 [ALTA-yvners 1992] Page 1 of 3 Policy of Title Insurance Commonwealth Land Title Insurance Company Schedule A Order Number: 22383522CA Amount of Insurance: $467,500.00 Policy Number: A02-1171760 Reference Number: 05-7783 Date of Policy: The date shown below or the date of recording of the instruments referred to in Item 3, whichever is the later. December 12, 2005 at 11:29 a.m. 1. Name of Insured VILLA CIELO DEVELOPMENT, INC., a Florida corporation 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: VILLA CIELO DEVELOPMENT, INC., a Florida corporation 4. The Land referred to in this policy is described as follows: (See attached Exhibit A for legal description) Watson, Soile*)�,DeLeo, Burgett & Pickles, P.A. 3490 North U.S. Highway 1 Cocoa, FL 32926 This policy is invalid unless a cover sheet and Schedule B are attached. http://cflorida.titlewave.net/TSRPolicyPreview.asp?DoeNum=1672549&FolderNum=27 8 93 ... 2/7/2006 Policy A02-1171760 [ALTA ers 1992] Page 2 of 3 Exhibit A Policy Number: A02-1171760 Lots 7 and 8, Block 15, AVON -BY -THE -SEA, according to the plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. http://cflorida. titlewave.netITSRPolicyPreview.asp?DocNum=1672549&FolderNum=27893... 2/7/2006 Policy A02-1171760 [ALTA jwners 1992] Schedule B Page 3 of 3 Policy Number: A02-1171760 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes and assessments for the year 2006 and subsequent years, which are not yet due and payable. 2. Mortgage, Assignment of Rents and Security Agreement executed by VILLA CIELO DEVELOPMENT, INC., a Florida corporation, in favor of COASTAL BANK, dated December 9, 2005, recorded December 12, 2005, in Official Records Book 5577, Page 7202, of the Public Records of Brevard County, Florida in the original principal amount of $374,000.00. NOTE: All recording references in this commitment/policy shall refer to the Public Records of Brevard County, Florida, unless otherwise noted. NOTE: In accordance with Florida Statutes section 627.4131, please be advised that the insured hereunder may present inquiries, obtain information about coverage, or receive assistance in resolving complaints, by contacting the Commonwealth Land Title Insurance Company Regional Office, 201 South Orange Avenue, Suite .1350, Orlando, FL 32801 Telephone 407-481-8181. http://cflorida.titlewave.net/TSRPolicyPreview.asp?DocNum=1672549&FolderNum=27893... 2/7/2006 CONDITIONS AND STIPULATIONS t DEFAITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to able title. ase by virtue of a contractual condition requiring the delivery of p, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (if) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (if) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. fc} Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 4 L _.4DITIONS AND STIPULATIONS - contin% ,d DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect -to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed -by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim undar this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by. the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. Ail notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box, 27567, Richmond Virginia 23261-756-7. c m c_ m nC o E T U _ E m v U u' Ec E :O.•o c i= .0J j C d J w `o 3 E ani O d 'C E E 2E Ecm v 0 N O V co C CES ¢' (1) C Y O V V C co cc O_ VJ u)E d d 0 E E E U O N T C co O 7 7 O c.i N U t - O in O C �j �, 'O U O c` O T O -cm —CU ` 0 C (9 co c o _0 = m UJ � d CL = r- I' - CO O C 0(D 3 c Q �� •o m to 1 N °' a R E 0 cn o Q' civ >1 co � o f— E ca N U O N N {--� N p E O O >O E w 0� .L•-. CO U U c0 2 ,n d V5 :2J CD co O E O _j O > CU " > O N > > O O N O' L.. ti m 1 Co to `� - :5 2 C � C O f0 'o C 'C L, C%3 co d .N d C6 N In O Q 1� CD O T O — N _O L CC$CC$L o CN f X C zs C 0 yC U m m g E ti m E -c Z O 5 E� co 2 _ _ 0 0 y m O d T •` W t Q O V N � d C 0 0> 1= 2 Cl- cm O = U 0 3 O O U U d E .2 O O 3 i�: 0 ca N c m c_ m nC o E T U _ E m v U u' Ec E :O.•o c i= .0J j C d J w `o 3 E ani O d 'C E E 2E Ecm v 0 U O cc UJ -0 CL T :r V V � c E R E 0 i U C LD O co Q m� F- m V 2 ,n fn U- t/1 E c E = N N t,cu �A V/ '/� VI 3 (a y cc J m U m u = m > E I.L. Z E m W W J 0 o � w �" (� C C7 E `co c U Z J �� #� E -�v J�2 F -o c cu O F- Q co U i= E co Meeting Type: Regular Meeting Date: 08-21-07 AGENDA Heading Resolution Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-21, APPROVING THE PRELIMINARY REPLAT OF VILLAGIO DEL MAR, UNIT II DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2007-21, approving the preliminary replat of Villagio Del Mar, Unit II, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This is a preliminary replat of Lots 6, 7, and 8, Block 6 of Section 23, Township 24, South Range 37 East, Avon -by -the -Sea. Exhibits Attached: P&Z Board memo dated 8/3/07; City Planner's Report; Staff Review Comments, Preliminary Replat (handout) City Manager! Office Department GROWTH MGMT/P&Z cape- im\my en admin\counc ng\2007\08-21-07\2007-21 RESOLUTION NO. 2007-21 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "VILLAGIO DEL MAR, UNIT II"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, W3 Developments, has complied with the re -platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Preliminary Re -Plat of Villagio Del Mar, Unit II —Section 23, Township, 24 South, Range 37 East, Avon -by -the -Sea, Lots 6, 7, and 8, Block 6 - is hereby approved. SECTION 2. The Mayor and the City Clerk are hereby authorized to execute said re -plat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of August, 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\PLATS\FINAL\2007\Villagio Del Mar 11_ Prelim Replat_07-21.doc Date: August 3, 2007 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Villagio Del Mar, Unit 2 Preliminary Replat At the Planning & Zoning Board meeting, held on July 25, 2007, by unanimous vote, the Board recommended approval of the above referenced preliminary replat to the City Council with no noted conditions. Please schedule this site plan for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral Preliminary Re Plat Villagio Del Mar II Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: W3 Developments Section: 23 Township: 24S Range: 37E 0.43 +/- Acres 6 residential maximum whole site R-3 Residential 5 12 DU/AC R-3 Residential R-3 Residential Description: The applicant proposes to build five (5), townhome units on a 0.43 acre lot. The subject site is located east of Ridgewood Avenue and north of Adams Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2005 was 10,034. This is still adequate park space available. North South East West Zoning R-3 Residential R-3 Residential R-3 Residential R-2 Residential Comp Plan PUB Public R-3 Residential R-3 Residential R-2 Residential Recreation Existing Open Space / Multi Family Multi Family Single Family Conditions undeveloped Residential Residential Residential (Villa io Del Mar I) Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2005 was 10,034. This is still adequate park space available. Ridgewood is operating at Level of Service "A" with 599 available peak hour trips. If developed completely as residential, the site could generate 3 to 4 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 900 gallons per day. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 1,200 to 1,400 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Palm Beach Sand (PB) soil type. This is a nearly level and gently sloping excessively drained soil on dune -like ridges that roughly parallel the Atlantic Ocean. It consists of mixed sand and shell fragments. Slopes are mostly 2 to 5 percent. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 11 to 12 new persons. Page 1 of Jim Fort, CFA Brevard County Property Appraiser - Map Search http://www.brevardpropertyappraiser.com/scriptslesrimap.dll?name=Brevardl &id=200707... 7/18/2007 Jim Ford, CFA Brevard County Property Appraiser • Map Search 7 {1211i'� 8 6 4 1 5 4A 2 ADAMS AV 1.01 F3 F4F5 6T7T8 10 11 12 13 14 1 4 5 6 JEFFERSDirI AV 1 2 3 5 6 7 8 10 12 1.01 11 1 2 4 12 1.02 13 6 8.01 14 15 1.01 5.01 14 r Page 1 cI I http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200707... 7/18/2007 07/18/2007 01:04 July 18, 2007 321-783-7065 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 STOTTLER RE: Preliminary Plat Review — Villagio Del Mar Unit 2 - Review #2 SSA Job No. 05-0025, Task 052-1003 Dear Mr. Peetz: PAGE 02 SSA SSA has reviewed the submitted preliminary plat for the above referenced project: Based on our review, and the minor drafting of corners for Lot 4 being put on the lot line, we recommend this preliminary plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, � John A. Pekar, PE City Engineer City Engineer's Review Fee For Review #2 — NIA NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTMER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 9680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral Florida 32920 Tel 321.783.1320 Fax 321-7839065 Lia #AAC000329 #E130000762 *LB0006700 J:lclvlllpro aclslcapel20g7g-villagio del mar unit 2 pre plat review 2.doc MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 06/05/07 RE: Preliminary Replat Villagio del Mar II Public Works staff has reviewed the referenced preliminary replat and have no comments or concerns. The proposed preliminary replat does not vacate any existing easements. Page 1 of 1 Todd Peetz From: John Cunningham Ocunningham@ccvfd.org] Sent: Monday, June 11, 2007 11:43 AM To: Todd Peetz Subject: Re: Villagro Del Mar Todd, We have reviewed the preliminary replat and have no comments at this time Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all ccpies. Messages sent to and from us may be monitored. (v.1e) 7/10/2007 Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: June 27, 2007 Re: Villagio Del Mar II Preliminary Replat Review I have reviewed the Villagio Del Mar II Preliminary Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Meeting Type: Regular Meeting Date: 08-21-07 AGENDA Heading Discussion Item 5 No. The placement of stop signs at key intersections will help to improve access and pedestrian safety along N. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PLACEMENT OF STOP SIGNS ON N. ATLANTIC AVENUE DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Buzz Petsos is seeking City Council authorization for the placement of stop signs along N. Atlantic Avenue. Summary Explanation & Background: The attached drawings indicate all the existing intersections and driveways that create multiple conflict points between vehicles and pedestrians. The placement of stop signs at key intersections will help to improve access and pedestrian safety along N. Atlantic Avenue. Please advise. Exhibits Attached: Figures 3 and 4 City Mana •"� Office /- , Department LEGISLATIVE cape im\my ocu s\ in\council\meeting\2007\08-21-07\stopsigns.doc George King Boulevard George King Private Drive Costal Fuels Private Drive North Eberweine Road to Private Drive NI: NI p; pia Private Drive Old Post Office FI NI O Station Private Drive ml U Private Drive >r vl Port Canaveral ^I Private Drive Trailer Park South Gate Private Drive Enginering private Drive rnI a m George King Private Drive Costal Fuels Private Drive North Eberweine Road W Z Ocean Garden Lane to Private Drive c VPalms Old Post Office FI NI O Station Private Drive Zo) U � >r A �: Private Drive 4) South Gate Private Drive Enginering c w d fA Cc a m U Ol Ld >r Anchorage Avenue V; Private Drive C ^I Shorewood Drive CD r ® > C Private Drive Oak Park .L 0 d Cl) : ci :"E "I Ocean Park Lane tC — Harbor Drive _ FPrt,,d- Villas Seaport Boulevard .X :z �) C W Z Ocean Garden Lane to c VPalms Ocean Waves Boulevard NI O West U U U Q A �: Private Drive 4) South Gate Private Drive Enginering c w d fA Q $ m U Ol Ld >r Anchorage Avenue V; Private Drive ~ Kings Rental Private Drive G Q N Central Boulevard r ® I C Private Drive I �I: OI aOak Lane Harbor Drive .X Circle K Private Drive �) C W Z Ocean Garden Lane FI c Ocean Waves Boulevard NI Private Drive U U U Church A Private Drive � Private Drive Enginering c w d fA Q $ m U Ol 0 J V; Private Drive ~ Kings Rental Private Drive G Q N Central Boulevard ifi ® I t I I �I: W Z Ocean Garden Lane FI c Ocean Waves Boulevard NI Private Drive ' Church A Private Drive �I ' Private Drive Enginering �NI Private Drive Oak Manor Oak Manor Drive 0 °0I N Private Drive Kings Rental Private Drive N Central Boulevard col Central Boulevard C: LTF.0 04 l,Tle(' Project 4904 Final Dmft AIA N Atlantic Avenue Access Report. wpd M d L CD LL Central Boulevard e—_- Central Boulevar Private Drive Lounge Breakers Private Drive Private Drive North Perlas Del Mar Private Drive 7-11 Private Drive �1 0 Canaveral Boulevard Private Drive Cape Side Center Washington Avenue Beach Auto Private rive Private Drive Adams Avenue Jefferson Avenue Private Drive Townhomes Drive c 0 I Private Drive 0 �I N Townhomes Drive CO _ N c C, RI 3 d ) d in ¢ .$ m Ri Mango Manor Drive > a w ¢ a N 0 " � VI ,_ L ... = Kings Lane I � Egl Atlantic Gardens Drive �I = R M .0 VAtlantic Gardens Drive Na G1 o NI of L Private Drive _ � Q � �I V Church Street a , ' NQ!I Private Drive -; .� ChurchCenterreet W NI O z Private Drive iol CI N Long Point Road VFW Private Drive S Private Drive of a al C,I �I rn� SR A1A e—_- Central Boulevar Private Drive Lounge Breakers Private Drive Private Drive North Perlas Del Mar Private Drive 7-11 Private Drive �1 0 Canaveral Boulevard Private Drive Cape Side Center Washington Avenue Beach Auto Private rive Private Drive Adams Avenue Jefferson Avenue Private Drive Madison Avenue Private DriveC n-Tech SR A1A Tt d L IM LL (: LTET 04 LT 8C Pr jeer 4904 H'inal Dwfll AIA N Atlantic Avenue Access Report, wpl 6 c 0 0 U U U _ N yNy C N rJ V ¢ d ) d in ¢ .$ m F w ¢ a N 0 I � Madison Avenue Private DriveC n-Tech SR A1A Tt d L IM LL (: LTET 04 LT 8C Pr jeer 4904 H'inal Dwfll AIA N Atlantic Avenue Access Report, wpl 6 10 Meeting Type: Regular Meeting Date: 08-21-07 AGENDA REPORT AGENDA Heading Presentation Item I asked Ed Moriarity, President of Ron Jon's Surf Shop, to present to City Council the proposed No. Also, if there are questions or comments about the proposed Banana River project site as well. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: RON JON'S PROPOSAL FOR JETTY PARK, ED MORIARITY, PRESIDENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the proposed improvements to Jetty Park by Ron Jon's President Ed Moriarity. Summary Explanation & Background: I asked Ed Moriarity, President of Ron Jon's Surf Shop, to present to City Council the proposed improvements to Jetty Park and address any comments or questions from City Council and the audience. Also, if there are questions or comments about the proposed Banana River project site as well. Exhibits Attached: N/A City Manager�Offic Department LEGISLATIVE map - \xliu\ILLY-U amenL.s\aczmin\council\meeting\2u0i\0a-2l-ui\ronjon. cioc