HomeMy WebLinkAboutCasa Canaveral/Puerto Del Rio, LLC Binding Dev. Agrmnt. - .q111441111111116114 ,
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CFN 2011126645 OR BK 6418 PAGE 2633,
Recorded 07/15/2011 at 02:27 PM, Mitch Needelman Clerk
of Courts. Brevard County
# Pgs:9
THIS INSTRUMENT WAS PREPARED BY
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AND SHOULD BE RETURNED TO
Katherine W. Latorre, Esq.
Assistant City Attorney of Cape Canaveral
Brown, Garganese, Weiss & D'Agresta, P.A.
4 111 N. Orange Avenue, Suite 2000 1 `
' Orlando, FL 32802 E
(407) 425 -9566
FOR RECORDING DEPARTMENT USE ONLY
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1 CASA CANAVERAL
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BINDING DEVELOPER'S AGREEMENT
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THIS BINDING DEVELOPER'S AGREEMENT ( "Agreement ") is made by and
between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ( "City "), whose
principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and PUERTO DEL RIO,
L.L.C., INC., a Florida limited liability company ( "Owner "), whose principal address is 750
North Atlantic Avenue, Suite 1209, Cocoa Beach, Florida 32931.
WITNESSETH:
WHEREAS, this Agreement is a developer's agreement entered into pursuant to the
Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and
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WHEREAS, Owner is the current fee simple owner of record of certain real property
comprising 7.7 acres and generally located on the north side of Central Boulevard in the City of l
1 Cape Canaveral and more particularly described herein ( "ALF Property "); and
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WHEREAS, the ALF Property was previously included in a site plan approved by the
City for the Puerto Del Rio Condominium development ( "Original Site Plan "); and
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WHEREAS, Owner only partially developed the Puerto Del Rio Condominium pursuant
to the Original Site Plan and desires to develop the remaining portion (the ALF Property) as an t
Assisted Living Facility ( "Project "); and
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a WHEREAS, consistent with applicable laws and ordinances, the City Council approved
Owner's site plan for the Project on June 21, 2011 ( "ALF Site Plan "), subject to, among other
conditions, the approval and execution of this Agreement; and
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WHEREAS, the City and Owner desire to set forth their mutual understanding of the
! terms and conditions of the City's site plan approval as set forth in this Agreement; and
WHEREAS, the City Council finds this Agreement to be consistent with the City's
Comprehensive Plan and land development regulations; and
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DEVELOPER'S AGREEMENT
3 City of Cape Canaveral / Puerto Del Rio, L.L.C.
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WHEREAS, the City and Owner believe it to be in the best interests of both parties to
enter into this Agreement to effectuate the development of the ALF Property, subject to the terms
and conditions agreed to hereunder; and
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NOW, THEREFORE, in consideration of the mutual promises, covenants and
1 agreements set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
2.0 Authority. This Agreement is entered into pursuant to the City's home rule
powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act.
3.0 The ALF Property. The real property subject to and bound by the terms of this
Agreement is legally described in Exhibit "A," attached hereto and fully incorporated herein by
this reference.
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4.0 Effective Date. This Agreement shall become effective immediately upon the
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occurrence of all of the following conditions precedent ( "Effective Date "):
4.1 The expiration of any and all appeal periods for any challenge to the Site
Plan; and
4.2 The recordation of a fully executed original of this Agreement in the
official records of Brevard County, Florida.
I Should any of the foregoing conditions precedent fail to occur, this Agreement and the ALF Site
Plan shall be null and void.
1 5.0 ALF Site Plan. Owner agrees to develop the ALF Property in accordance with
its site plan, approved by the City Council on June 21, 2011 ( "ALF Site Plan "), and pursuant to
the terms and conditions of this Agreement and all applicable laws. The ALF Site Plan is
depicted on the signed and sealed site plans prepared by Morgan and Associates Consulting
Engineers, Inc. dated June 14, 2011 and on file at Cape Canaveral City Hall. As a matter of
convenience, and at the request of Owner, the ALF Site Plan may be amended from time to time,
as approved by the City, without further amendment to this Agreement. Any such amendment to
the ALF Site Plan shall automatically be incorporated herein by this reference.
I 6.0 Status of Original Site Plan for Puerto Del Rio Condominium. The parties
understand and agree that upon the Effective Date, the Original Site Plan shall be superseded by
the ALF Site Plan only as to the ALF Property. Thus, any development rights granted to Owner
pursuant to the Original Site Plan as to the ALF Property shall be null and void. Any
1 development rights granted to Owner under the Original Site Plan not affected by the ALF Site
Plan or this Agreement shall remain in full force and effect.
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DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L.L.C.
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7.0 Central Boulevard Roadway Improvements. Owner and City shall each be
/ responsible for fifty percent (50 %) of the costs to design, permit and construct the repair,
i resurfacing and restriping of Central Boulevard from Thurm Boulevard to Astronaut Boulevard
) ("Roadway Improvement Project"). Roadway P
(a/k/a State Highway AlA Roadwa Im rovement Pro ect The Roadwa Improvement
Project shall include the replacement of all curbs and gutters on both sides of Central Boulevard
and on any medians contained therein, and shall include the installation of base under the curb;
milling of existing asphalt between two (2) and three (3) inches in depth; resurfacing with a
minimum three (3) inches asphalt; and re- striping to include bike lanes in accordance with I
Florida Department of Transportation ( "FDOT ") standards. The City shall be the lead party
x responsible for contracting with the necessary professionals for the design, permitting and
construction of the Roadway Improvement Project consistent with applicable law and city
policy. Owner's payment shall be pursuant to paragraph 9.0 herein.
8.0 Central Boulevard Streetscape. Owner and City shall each be responsible for
t fifty percent (50 %) of the costs to design, permit and construct a streetscape plan for Central
5 Boulevard from Thurm Boulevard to Astronaut Boulevard (a/k/a State Highway A1A)
( "Streetscape Plan "). The Streetscape Plan shall include construction details and specifications
sufficient for bidding, as well as a detailed cost estimate for each element of the plan. Further,
the Streetscape Plan shall include, but not be limited to, the following elements: landscaping;
lighting; irrigation; street furniture (benches, trash receptacles); pedestrian walkways; crosswalks
at the intersections of Central Boulevard and State Highway AIA, and at Central Boulevard and
Thrum Boulevard; bus stops and shelters; and provisions of sleeves under Central Boulevard for
irrigation. The City shall be the lead party responsible for contracting with the necessary
professionals for the design, permitting and construction of the Streetscape Plan consistent with
applicable law and city policy. Owner's payment shall be pursuant to paragraph 9.0 herein.
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9.0 Owner's Financial Obligation.
I 9.1 Owner's financial contribution for the improvements outlined in
o paragraphs 7.0 and 8.0 above shall not exceed a total of Three Hundred Thousand and
no /100 Dollars ($300,000.00).
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9.2 Owner shall deposit One Hundred Fifty Thousand and no /100 Dollars
($150,000.00) with the City no later than one (1) year following the City's issuance of the
certificate of occupancy for the Project.
9.3 The remaining balance of One Hundred Fifty Thousand and no /100 [
Dollars ($150,000.00) shall be deposited with the City no later than two (2) years
following the City's issuance of the certificate of occupancy for the Project.
10.0 Pedestrian Walkway. The developer agrees to construct, at its sole expense, an
eight -foot (8') wide concrete pedestrian walkway along the north side of Central Boulevard from
Thurm Boulevard to the eastern boundary of the ALF Property. The pedestrian walkway shall be
constructed in lieu of a sidewalk within the Central Boulevard right -of -way and shall otherwise
be built to City specifications for a sidewalk. The construction of the pedestrian walkway shall
be completed prior to the City's issuance of a certificate of occupancy for the Project.
DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L.L.C.
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11.0 Notices. Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
i To Owner:
Puerto Del Rio, L.L.C.
Attn: Danny P. Ringdahl
750 N. Atlantic Avenue, Ste. 1209
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Cocoa Beach, FL 32931
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To City:
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City of Cape Canaveral
1 Attention: City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
(321) 868 -1230 Phone
I (321) 868 -1224 Fax
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Either party may change the notice address by providing the other party written notice of
the change.
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12.0 Representations of the Parties. The City and Owner hereby each represent and
1 warrant to the other that it has the power and authority to execute, deliver and perform the terms
and provisions of this Agreement and has taken all necessary action to authorize the execution,
i delivery and performance of this Agreement. This Agreement will, when duly executed and
i delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida,
constitute a legal, valid and binding obligation enforceable against the parties hereto and the ALF
1 Property in accordance with the terms and conditions of this Agreement. Owner represents that
it has voluntarily and willfully executed this Agreement for purposes of binding the ALF
Property to the terms and conditions set forth in this Agreement.
13.0 Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the City and Owner and their respective successors and assigns.
The terms and conditions of this Agreement similarly shall be binding upon the ALF Property
i and shall run with title to the same.
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14.0 Applicable Law; Venue. This Agreement shall be governed by and construed in
i accordance with the laws of the State of Florida. The parties agree that venue shall be
4 exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are
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based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which
i arise out of or are based upon this Agreement.
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15.0 Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto (or their successors or assigns).
1 DEVELOPER'S AGREEMENT
I City of Cape Canaveral / Puerto Del Rio, L.L.C.
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16.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto
supersede any other agreement, oral or written, regarding the ALF Property and contain the
entire agreement between the City and Owner as to the subject matter hereof. The Exhibits
attached hereto and referenced herein are hereby fully incorporated herein by this reference.
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17.0 Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
j respect the validity or enforceability of the remainder of this Agreement.
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18.0 Recordation. No later than 14 days following the approval and execution of this
Agreement by both parties hereto, the City shall record this Agreement in the Public Records of
Brevard County, Florida.
19.0 Relationship of the Parties. The relationship of the parties to this Agreement is
contractual and Owner is an independent contractor and not an agent of the City. Nothing herein
shall be deemed to create a joint venture or principal -agent relationship between the parties and
neither party is authorized to, nor shall either party act toward third persons or the public in any
manner, which would indicate any such relationship with the other.
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20.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law. As such, the City shall not be liable,
under this Agreement for punitive damages or interest for the period before judgment. Further,
the City shall not be liable for any claim or judgment, or portion thereof, to any one person for
more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion
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thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00). I
t 21.0 City's Police Power. Owner agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
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22.0 Interpretation. The parties hereby agree and acknowledge that they have both z
participated equally in the drafting of this Agreement and no party shall be favored or disfavored
regarding the interpretation to this Agreement in the event of a dispute between the parties.
? 23.0 Third -Party Rights. This Agreement is not a third -party beneficiary contract and
shall not in any way whatsoever create any rights on behalf of any third party.
4 24.0 Specific Performance. Strict compliance shall be required with each and every
provision of this Agreement. The parties agree that failure to perform the obligations provided
by this Agreement shall result in irreparable damage and that specific performance of these
obligations may be obtained by a suit in equity.
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DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L.L.C.
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1 25.0 Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
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26.0 Development Permits. Nothing herein shall limit the City's authority to grant or
deny any development permit applications or requests subsequent to the Effective Date. The
failure of this Agreement to address any particular City, County, State and/or Federal permit,
1 condition, term or restriction shall not relieve Owner or the City of the necessity of complying
with the law governing said permitting requirement, condition, term or restriction. Without
imposing any limitation on the City's police powers, the City reserves the right to withhold or
suspend the ALF Site Plan, or any and all certificates of occupancy for any building or unit, if
Owner is in material breach of any term and condition of this Agreement.
27.0 Default; Opportunity to Cure. S hould either party desire to declare the other
pp v P Y
' party in default of any term and condition of this Agreement, the non - defaulting party shall
provide the defaulting party a written notice of default. The written notice shall, at a minimum,
state with particularity the nature of the default, the manner in which the default can be cured,
and a reasonable time period of not less than thirty (30) days in which the default must be cured.
No action may be taken in a court of law on the basis that a breach of this Agreement has
occurred until such time as the requirements of this paragraph have been satisfied.
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28.0 Force Majeure. The parties agree that in the event that the failure by either party
to accomplish any action required hereunder within a specified time period ( "Time Period ")
constitutes a default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party, including,
t but not limited to, acts of God, acts of government authority (other than the City's own acts), acts
1 of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or
I materials, injunction or other court proceedings beyond the control of such party, or severe
adverse weather conditions ( "Uncontrollable Event "), but excluding customary business and
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A, economic conditions or events, then, notwithstanding any provision of this Agreement to the
contrary, that failure shall not constitute a default under this Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable to
perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in
writing by the parties and said agreement shall not be unreasonably withheld by either party.
29.0 Financing and State Approval of the Assisted Living Facility. Owner agrees to
make its best, good faith effort to obtain financing for the Project and to obtain the requisite State E
of Florida assisted living facility license within four (4) years of the effective date of this
Agreement.
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30.0 Termination. The City shall have the unconditional right, but not obligation, to
terminate this Agreement, without notice or penalty, if Owner fails to receive building permits
and substantially commence construction of the Project within four (4) years of the effective date
of this Agreement; or if Owner fails to obtain financing or state licensing pursuant to paragraph
29.0 herein. In addition, the City shall have the right, but not obligation, to terminate the
DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L.L.C.
Page 6 of 8
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1 Agreement if Owner permanently abandons construction of the Project, provided, however, the
City shall first deliver written notice and an opportunity to cure as set forth in paragraph 27.0
herein. If the City terminates this Agreement, the City shall record a notice of termination in the
public records of Brevard County, Florida.
i IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
1 dates indicated below .
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i CITY:
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i City of Cape Canaveral,
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a Florida municipal corporation.
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i Rocky Randels, Mayor
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i Date:
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, ATTEST:
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By ?IN.
1 Ange a Apperson, i Clerk
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i APPROVED AS TO FORM AND LEGALITY
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•. _..- For the use and reliance of the City of Cape Canaveral,
Florida
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.. By
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Anthony A. Garganese, City Attorney for
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, TE OFc,k0KIDA the City of Cape Canaveral, Florida
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_— foregoing instrument was acknowledged before me this ' --1C-1 — . day of
2011, by Rocky Randels and Angela Apperson, well known to me to be the '
Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me
,
' that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true
act and deed, and that they were duly authorized to do so.
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4 (NOTARY SEAL)
(Notary P L- 41 7 2,..f:1-,g/eirif
i lc Signature)
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MIA GOFORTH 0
I 0 Ar (Print Name)
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N otary Comm i-Sstamtelyo11F6102riodia3
Commission re Notary Public, State of
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0 .41.2 1 y m i # DD 8536
xP' 95 ° Commission No.: )'b ifSZ.36 9 s
Bonded Through National Notary Assn.
.. My Commission Expires: /7242-4 /4., 2o/1/43
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1 DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L.L.C.
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Signed, sealed and delivered in the OWNER:
presence of the following witnesses:
1 Puerto Del Ri ', L.L.C.,
a Florida limit:• liability compan I
Si nature of W' ess By: D Paul L , its . aging mem •er.
( Printed Name of Witness
Danny7'ngdahl, Man ger
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nature of Witness , Date:_ (? / If
Printed Name of Witness
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STATE OF � k L COUNTY OF �1 \ \J
The foregoing instrument was acknowledged before me this day of
, 2011, by Danny P. Ringdahl, as Manager of D Paul LLC, managing member of
Pu rto Del Rio, L.L.C., a Florida limited liability company. a is persona y nown to me` r
produced as identification.
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(NOTARY SEAL )..�ttluu /,,, _ � Q9', :— I., a) , k ■
`� � �a 8 ChBm6 " , , otary Public Si afore)
01�z0�2 (Print Name)
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Nom '' .. D� Commission No.:
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DEVELOPER'S AGREEMENT
City of Cape Canaveral / Puerto Del Rio, L.L.C.
Page 8 of 8
EXHIBIT "A"
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LEGAL DESCRIPTION:
(BY SURVEYOR)
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA,
BEING A PORTION OF PUERTO DEL RIO PHASE 3 AS RECORDED IN OFFICIAL RECORDS BOOK 6519, PAGE 6509,
I BOUND ON THE NORTH AND WEST BY PHASES 34 AND 39 OF SAID OFFICIAL RECORDS BOOK 6519, BOUND ON THE
EAST BY OFFICIAL RECORDS BOOK 3675, PAGE 971, OFFICIAL RECORDS BOOK 3949, PAGE 1127 AND OFF7CYAL
RECORDS BOOK 3064, PAGE 2885 AND BOUNDED ON THE SOUTH BY CENTRAL BOULEVARD PER OFFICIAL RECORDS
BOOK 3057, PAGE 445. ALSO BEING PHASES 3C; 3D AND 3E OF SAID OFFICIAL RECORDS BOOK 6519. ALL AS
RECORDED IN THE PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE' PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT AN INTERSECTION OF THE NORTH RIGHT — OF—WAY UNE OF SAID CENTRAL BOULEVARD, (A 100 FOOT
R/W PER O.R.B. 3057, PAGE 445) AND THE EAST LINE OF SAID O.RLB. 429Z PAGE 2493; THENCE N 00'51'26' W,
ALONG SAID EASTERLY LINE OF SAID O.R.B. 4292, PAGE 2493, FOR A DISTANCE OF 97672 FEET; THENCE
CONTINUE ALONG SAID EAST LINE N 4906'35"E FOR A DISTANCE OF 258.02 FEET 70 AN INTERSECTION WT171 THE
WEST LINE OF S410 O.R.B. 3675, PAGE 971; THENCE S 3722'00' E ALONG 5410 WEST UNE FOR A DISTANCE OF
157.75 FEET 1O THE POINT OF BEGINNING. S410 POINT ALSO BEING THE NORTHERLY AND WESTERLY UNES OF
PHASE 3C, PUERTO DEL RIO; THENCE ALONG 771E SAID NORTHERLY AND WESTERLY ONES, DIE NW (18) COURSES,
S 720751° W, FOR A DISTANCE OF 76.21 FEET, 70 A POINT OF CURVATURE OF A CURVE CONCAVE 7O THE
NORTHWEST HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHWESTERLY ALONG 114E ARC OF S4I0 CURVE THROUGH
A CENTRAL ANGLE OF 1718'28' FOR AN ARC DISTANCE OF 45.31 FEET 10 A POINT OF TANGENCY; THENCE S
8976'19'W FOR A DISTANCE OF 5.51 FEET; THENCE S 01733'41"E FOR A DISTANCE OF 150.26 FEET; THENCE S
i 78'53'42"E FOR A DISTANCE OF 198.89 FEET; THENCE S 52'39'13'W FOR A DISTANCE OF 95.63 FEET THENCE S
3720241E FOR A DISTANCE OF 24.52 FEET; THENCE S 0739'36'W FOR A DISTANCE OF 46.43 FEET; THENCE S
3720'24'E FOR A DISTANCE OF 90.90 FEET; THENCE S 3224'31"E FOR A DISTANCE OF 25.20 FEET; THENCE S
3720'24'E FOR A DISTANCE OF 22.88 FEET; 7 HENCE S 41'26'40'E FOR A DISTANCE OF 30.27 FEET; THENCE S
i 3720 FOR A DISTANCE OF 14232 FEET; 771 ?TOE N 52'39 FOR A DISTANCE OF 25.11 FEET; THENCE S
372024 FOR A DISTANCE OF 32.80 FEET; THENCE S 52'39 :36'W FOR A DISTANCE OF 139.95 FEET; THENCE S
3720'24'E FOR A DISTANCE OF 135.38 FEET, 70 A POINT ON A CURVE; CONCAVE 10 THE NORTHWEST, HAVING A
RADIUS OF 385.00 FEET. SAID POINT HAS A RADIAL BEE4RNNG OF S 2558'211' FROM THE CENTER OF SAID CURVE;
THENCE SOUTHWESTERLY ALONG THE ARC OF S410 CURVE THROUGH A CENTRAL ANGLE OF 16'43'53' FOR AN ARC
DISTANCE OF 112.43 FEET 70 THE EASTERLY AND NORTHERLY LINES OF PHASE 3B, PUERTO DEL RIO, THENCE S
0914'29'E ALONG THE EASTERLY LINE OF SAID PHASE 38 FOR A DISTANCE OF 15.00 FEET 10 A POINT ON A
CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 400.00 FEET, SAID POINT HAS A RADIAL BEARING OF S
0974'29' FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 7HR000fI
A CE7V7RAL ANGLE OF' 1172'01' FOR AN ARC DISTANCE OF Z22 FEET; THENCE N 00'33'221' ALONG SAID EAS7ERLY
LANE FAR A DISTANCE OF 180.20 FEET TO A POINT ON 1HE SAID NORTH RIGHT—OF—WAY LINE OF C;EN7RAL
BOULEVARD; THENCE S 8927'05'E ALONG 5410 RIGHT—OF—WAY UNE A DISTANCE OF 557.40 FEET 10 A POINT OF
CURVATURE OF A CURVE CONCAVE 10 114E NORTHWEST, HAVING A RADIUS OF 561.05 FEET, SAID POINT HAS A
RADIAL BEARING OF S 00,2'55'W FROM THE CORER OF SAID CURVE; THENCE NAR7HEASIERLY ALONG THE ARC
OF SAID CURVE' AND THE SAID NORTH RIGHT—OF—WAY LINE LINE, 7HROUGN A CENTRAL ANGLE OF 12'34'31' FUR
AN ARC DISTANCE OF 12640 FEET 70 AN INTERSECTION W1714 1HE WEST LINE OF OR.B. 3064, PAGE 2885 AND
771E SAID NORTH RIGHT —OF- -WAY; 7HENCE LEAVING SAID RIGHT— OF—WAY UNE N 3722'00'W ALONG SAID WESTERLY
UNE OF SAID O.R.B. 3064, PAGE 288.4 O.R.B. 3949, PAGE 1127 AND O.R.B. 3675, PAGE 971 FOR A DISTANCE OF
127&39 7O 1HE POINT OF BEGNNINan
CONTAINING Z70 ACRES MORE AR LESS
B BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
D
Attorneys at Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802 -2873 Katherine W. Latorre
Phone (407) 425 -9566 July 20, 2011 Board Certified City, County & Local
Fax (40') 425 -9596 Government Law
klatorre
Angela Apperson
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: City of Cape Canaveral - Casa Canaveral Binding Developer's Agreement
Dear Angie:
Enclosed lease find the original,
p fully executed and recorded Casa Canaveral
Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio,
LLC, Inc., for your records.
Please feel free to contact my office with any questions or concerns.
Sincerely,
Kate Latorre
Assistant City Attorney
KWL/jwa •
Enclosure
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Ft. Lauderdale (954) 670 -1979 • Kissimmee (321) 402 -0144 • Cocoa (866) 425 -9566
Website: www.orlandolaw.net • Email: firm @orlandolaw.net E' i'