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HomeMy WebLinkAboutCape Caribe DEP Permits, Easement and Developer Agree1 I a i 1 i 1 I 1 1 Table of Contents 1 1 1 • Copy of Florida Department of Environmental Protection ERP.—Emergency Drawdown and Discharge Permit, dated July 14, 2011 I • Copy of Florida Department of Environmental Protection ERP -Construction Permit, dated September 23, 2010 1 1 1 • Draft copy of Storm Water Drainage Easement between Canaveral Port Authority and Cape Caribe, Inc. o Construction Commencement Notice for ERP, dated Sept. 28, 2011 1 o Copy of email correspondence between Cape Caribe and Port Canaveral 1 • Cape Caribe Binding Developer's Agreement with proposed revisions I o Copy of letter from Kate Latorre to John Grandlich announcing effective date of the agreement. 1 i 1 I 1 i i 4 1 I 1 1 1 i 1 i 1 4 i i 1 I 4 1 1 1 I 1 1 Florida Department of 4* - `` Environmental Protection r Permit 1 i Permittee/Authorized Entity: Cape Caribe, Inc. 1000 Shorewood Drive Cape Canaveral, Florida 32920 i i 44 Solana-Cape Caribe Emergency Drawdown 4 1 it Authorized Agent: Cape Caribe, Inc. Attention: John Grandlich, Vice President (john.Grandlich @zilber.com) 1000 Shorewood Drive Cape Canaveral, Florida 32920 1 i 1 Environmental Resource Permit—Modification of a Stormwater Standard General i State-owned Submerged Lands Authorization—Not Applicable i U.S. Army Corps of Engineers Authorization —Not Applicable i i Permit No.: ERP05-0151977-006-EM 1 Permit Issuance Date: July 14, 2011 1 Permit Construction Phase Expiration Date: July 14, 2016 1 i 1 1 i 1 1 1 y 1 f, ° Florida Department of Rick Scott Governor Environmental Protection Jennifer Carroll j f � Lt. Governor 1 Central District �l e l - - 3319 Maguire Boulevard,Suite 232 Herschel Vinyard Orlando,Florida 32803 3767 Secretary I I 1 i Environmental Resource Permit 1 Permittee: Cape Caribe, Inc. 1 Attention: John Grandlich, Vice President Permit No: ERP05-0151977- LIVI PROJECT LOCATION The activities authorized by this permit are located on the south side of Tropic Beach Drive east of Shorewood Drive near the Cape Caribe Resort and the Solana Condominiums in Section 14, Township 24 South, Range 37 East in Cape Canaveral, Brevard County, at latitude 28° 24' 15.78" and longitude 80° 35' 44.73". i AUTHORIZATIONS Solana-Cape Caribe Permit Modification Project Description Under a specific set of emergency conditions,the permittee is authorized to pump down an existing, permitted wet retention system to protect public safety and prevent property damage from potential flooding caused by an extreme rainfall event such as a hurricane or tropical storm. Discharge would be into the Port Canaveral basin approximately one half mile from the Atlantic Ocean. 1 The project described above may be conducted only in accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer, nor guarantee,nor I' imply that future permits or modifications will be granted by the Department. i 1 Sovereignty Submerged Lands Authorization t As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has reviewed the activity described above and has determined the activity is not on i submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, Florida Statutes (F.S.). i Federal Authorization A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency. 4 4 I Coastal Zone Management This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. i I t ! Permittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 i Permit No: ERP05-0151977-006-EM Page 1of9 t I i 1 I 1 i o Water Quality Certification This permit constitutes certification of compliance with state water quality standards wider Section 401 of the Clean Water Act,33 U.S.C. 1341. 1 Other Authorizations You are advised that authorizations or permits for this project may be required by other federal,state or local entities including but not limited to local governments and homeowner's associations. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. In addition, you are advised that your project may require additional authorizations or permits from the municipality/county in which the project is located. Please be sure to contact the local county building and environmental department to obtain these required authorizations. PERMIT The activities described herein must be conducted in accordance with: • The Specific Conditions • The General Conditions 1 • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization i You are advised to read and understand these conditions and drawings prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions, including any mitigation requirements, shall constitute grounds for revocation of the Permit and appropriate enforcement action by the Department. 1 Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this p-nuiticertification/authorization as specifically described above. 1 SPECIFIC CONDITIONS—EMERGENCY DRAWDOWN 1. Emergency drawdown of the wet retention system shall only occur when the water elevation in 1 the pond exceeds 5.0 feet NGVD and a named storm event (NSE) is forecasted to impact the Cape Canaveral area 2. A planned emergency drawdown shall not commence within seven days of any chemical treatment of the wet retention stormwater treatment system. 3. The wet retention pond water elevation shall not be drawn down below 4.0 feet NGVD. 1 4. The emergency drawdown pump shall withdraw water from the wet well of the control structure. Under no circumstances shall a planned emergency drawdown withdraw water by placing the pump intake directly into the wet retention stormwater pond. 5. In the event that conditions in specific condition 1 are met and an emergency drawdown is necessary,the following protocol shall be followed: A. Cape Caribe, Inc. (CCI) shall send initial notification at least 24 hours in advance of a planned emergency drawdown. Notification shall be to the City of Cape Canaveral,the Canaveral Port Authority (CPA), the Home Owner's Association (HOA), and to the I Department of Environmental Protection Central District(DEP-CD). 1 i 1 Pennittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 I Permit No: ERP05-0151977-006-EM 1 Page 2 of 9 I I I I B. CCI shall continually monitor the weather for changes in the forecasted path of the NSE away from the Cape Canaveral area. C. Once emergency drawdown pumping begins, CCI shall send a second notice to the City of Cape Canaveral,the CPA,the HOA, and the DEP-CD that pumping has commenced. D. CCI shall continue to monitor the emergency drawdown pumping and the weather forecast. If the weather forecast changes so that the NSE will not impact the Cape Canaveral area,then CCI shall stop pumping. E. Once emergency drawdown pumping ceases,CCI shall send a third notice to the City of Cape Canaveral,the CPA,the HOA,and the DEP-CD that pumping has ceased. SPECIFIC CONDITIONS- FUTURE CONSTRUCTION 6. Permittee must obtain a permit from the Department prior to beginning construction of 1 subsequent phases or any other work associated with this project not specifically authorized by this permit. SPECIFIC CONDITIONS—TURBIDITY CONTROL 7. Adequate measures must be taken to prevent siltation of the treatment systems and control I q In Y structure. S. Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302- 530(69), Florida Administrative Code. Turbidity shall not exceed 29 Nephelometric Turbidity Units above natural background conditions. Turbidity bathers shall be correctly installed at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the proposed work. It is understood that "receiving waterbody" shall not be construed to mean the permittee's settling pond, dredge lake, or other parts of the permittee's closed water system. Turbidity barriers shall remain in place at all locations until construction is completed,soils are stabilized,and vegetation has been established. Upon final completion of the project and upon reasonable assurance that the project is no longer a potential turbidity source,the permittee will be responsible for the removal of the barriers. SPECIFIC CONDITIONS—MAINTENANCE ACTIVITIES 9. The following maintenance activities shall be performed as needed on A. All permitted systems: 1) Removal of trash and debris; 2) Inspection of inlets and outlets; 3) Removal of sediments when the storage volume or conveyance capacity of the stormwater management system is below design levels; and 4) Stabilization and restoration of eroded areas. 1 B. Retention,Swale,and underdrain systems: 1) Mowing and removal of grass clippings; 2) Aeration,tilling,or replacement of topsoil;and 3) Re-establishment of vegetation on disturbed surfaces. C. Wet detention systems: 1) Replanting of natural vegetation within the littoral zone; and 2) Control of nuisance and exotic vegetation. I Permittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05 0151977-006-EIt1 Page 3 of 9 1 i t 10. If the system is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards of this chapter, the permittee must either replace the system or construct an alternative design. A permit modification must be obtained from the Department prior to constricting such an alternate design pursuant to section 40C-4.331,F.A.C. GENERAL CONDITIONS 11. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violatio- pf this permit. 12. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 13. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. 14. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment,beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 15. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has temporarily or permanently ceased. 16. At least 48 hours prior to commencement of activity authorized by this permit,the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C., copy enclosed)indicating the actual start date and the expected completion date. The form can be downloaded from http://www.dep.state.fl.us/waterfwetlands/erp/forrns.htin. Permittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05-0151977-006-EM Page 4 of 9 1 17. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62-343.900(4), F.A.C.). The form can be downloaded from http://www.dep.state.fl.us/water/wetlands/erp/forms.htm. Reports shall be submitted during June of each year. 1 18. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must he completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other 1 responsible entity. i 19. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicants Handbook: Management and Storage of Surface Waters (Applicant's Handbook), must be submitted to the Department for approval. Documents meeting the requirements set 1 forth in these subsections of the Applicants Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the I system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by 1 the Department when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the pennittee remaining liable for carrying out maintenance and operation of the permitted system. i 1 20. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions in paragraphs (8 and 9) above, the Department I determines the system to be in compliance with the permitted plans, and the entity approved by the Department in accordance with subsections 7.1.1 through 7.1.4 of the Applicants Handbook t accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of 1 the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity,if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicants Handbook_ and Section 62-343.110(1)(d), F.A.C.,the pennittee shall be liable for compliance with the terms of the permit 21. This permit does not eliminate the necessity to obtain any required federal, state, local and 4 special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property,nor does it authorize any entrance upon or activities on property which i t Permittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05-0151977-006-EM Page 5 of 9 l I i I is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40,F.A.C. 4 22. The permittee shall notify the Department in writing within 30 days of any sale,conveyance, or other transfer of ownership or control of the permitted system or the real property at which the nermitted system is located. All transfers of ownership or transfers of a permit are subject to 1 the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale,conveyance or other transfer. 23. Should any other regulatory agency require changes to the permitted system,the permittee shall provide written notification to the Department of the changes prior to implementation so that a determination can be made whether a permit modification is required. 24. Within 30 days after completion of construction of the permitted system,or independent portion of the system,the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.) supplied with this permit. When the Icompleted system differs substantially from the permitted plans,any substantial deviations shall I be noted and explained and two copies of as-built drawings submitted to the Department. Submittal of the completed form shall serve to notify the Department that the system is ready for inspection. The statement of completion and certification shall be based on on-site 1 observation of construction (conducted. by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of determining if the work as c.-npleted in compliance with approved plans and specifications. As-built drawings hall be the permitt___ .u�wirg-*revised to i reflect any changes made during construction. Both the original and any:-'vist::_specifications I must be clearly shown. The plans must be clearly labeled as "as-built" or"record" drawing. All surveyed dimensions and elevations shall be certified by a reg1s1ereLl irveyor. The following information,at a minimum,shall be verified on the as-built drawings: a. Dimensions and elevations of all discharge structures including all weirs, slots,gates, pumps,pipes,and oil and grease skimmers; i b. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; c. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine stage-storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems,when appropriate; d. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; i e. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the system; f. Existing water elevation(s) and the date determined; and Ig. Elevation and location of benchmark(s)for the survey. 1 i li Pennittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05-0151977-006-EM Page 6 of 9 1 l 1 I i 25. The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 26. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be I considered specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S.,provides otherwise. 27. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 28. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department. 1 29. The p,.lr_.`±co shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. 1 NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be i final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action,the filing of a petition means that the Departments final action may be different from the position taken by it in this notice. gPetition for Administrative Hearing 1 A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial i interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; g (e) A concise statement of the ultimate facts alleged,including the specific facts that the 1 petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the i alleged facts relate to the specific rules or statutes; and IPermittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05-0151977-006-EM Page 7 of 9 a i I (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons 1 other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S. must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing)under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation 1 Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S.,may also I seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. 1 Permittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05-0151977-006-EM Page 8of9 1 a 1 Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate Dist^ct Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Executed in Orange County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION as— si i D :JJt David Herbster Program Administrator Submerged Lands & Environmental Resource Program Date: July 14, 2011 j Attachments: As-built certification/62-343.900(5) Inspection certification/62-343.900(6) Transfer construction to operation phase/62-343.900(7) Copies furnished to: DEP, Office of General Counsel Ken L. Ward,Cape Caribe, Inc. Michael S. Allen, P.E.,Allen Engineering (mallen@,alleneng.net) John Juilianna,SJRWMD (jjuiliarma@sjrwmd.com) File CERTIFICATE OF SER"TCE The undersigned hereby certifies that this permit,including all copies,was mailed before the close of business on July 14, 2011, to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date,under 120.52(7) of the Florida Statutes,with the designated Department Clerk, receipt of which is hereby acknowledged. 4x_ 0( :444, July 14, 2011 Clerk Date Permittee: Cape Caribe,Inc. Permit Expiration: July 14,2016 Permit No: ERP05-0151977-006-EM Page 9 of 9 1 , 1A0E`n°" Florida Department of ev. , • ` Environmental Protection _ Permit VEMINUMOVEMNIE Permit Issued to: Cape Caribe, Inc. Attention: Kohn Bennett, Authorized Agent (kbennett@fl.homesbytowne.com) 1000 Shorewood Drive Cape Canaveral, Florida 32920 1 Environmental Resource Permit- Stormwater Permit No.: ERP05-0151977-004-SI 1 4 1 Permit Issued: September 23, 2010 Permit Expires: September 23, 2015 1 Permitting Authority Florida Department of Environmental Protection Centr-1 District Office 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 i Telephone No. 407-893-7874 Fax No. 850-412-0471 1 i 1 i 1 I 1 1 "More Protection,Less Process" www.dep.statell.us 1 i I i It01E"i0" Florida Department of Charlie GovGovernor Gov ernor r �r Environmental Protection Jeff Kottkamp i ,..- «•; `r y`:` 4' Lt.Governor ff FLOR i A 1 Central District VEMENSIMMIESSF 3319 Maguire Boulevard,Suite 232 Michael W.Sole Orlando,Florida 32803-3767 Secretary NOTICE OF PERMIT In the Matter of an Application for Permit by: Cape Canaveral,Inc. 1000 Shorewood Drive Cape Canaveral,Florida 32920 Attention: Kohn Bennett, Authorized Agent I Brevard County- ERP Cape Caribe Emergency Drawdown Structure File No. 05-0151977-004 Dear Mr. Bennett: Enclosed is Permit Number ERP05-0151977-004-SI to construct a control structure in an existing, I permitted wet retention pond serving the Cape Caribe Resort. This permit also authorizes construction of a 6-foot diameter stormwater manhole and installation of approximately 140 feet of 12-inch diameter stormwater pipe under the entrance road to Jetty Park in Port Canaveral. This permit does not j authorize any discharges from the wet retention pond or stomlwater manhole to the Port Canaveral basin. The proposed work will be located at the Cape Caribe resort, just south of Port Canaveral, in Section 14, Township 24 South, and Range 37 East, Brevard County. This permit is issued pursuant to Sections 373.118, 373.413, 373.416, and 373.426, Florida Statutes (F.S.) and Rules 40C-4, 40C-40, 40C-41, 40C-42,62-312,and 62-343,Florida Administrative Code (F.AC.). Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing this j application. Any party to this Order (permit) has the right to seek judicial review of the permit pursuant to Section 120.68, Florida Statutes,by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 j Commonwealth Boulevard,Tallahassee, Florida 32399-3000;and by filing a copy of the notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of AppeaL The Notice of Appeal must be filed within 30 days from the date this notice is filed with the Clerk of the Department. Mediation under section 120.573 of the Florida Statutes is not available for this proceeding. If there are any questions, please contact Debra Laisure, P.E., of the Submerged Lands and Environmental Resource Program by telephone (407-893-7874), fax (815-412-0471), or email (Debra.Laisureedep.state.f l.us). I 1 j j "More Protection, Less Process" www.dep.statell.us i i i 1 I , i I RIGHTS OF AFFECTED PARTIES This Permit is hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on 1 the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing Ior request for an extension of time have expired. Mediation is not available. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,Tallahassee, Florida 32399-3000. a Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General 1 Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall 1 toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of I excusable neglect. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida 4 Administrative Code. I In accordance with rule 62-110.106(3) FAC, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes must be filed within 21 days of publication of the notice or within j 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. 1 The petitioner shall mail a copy of the petition to the applicant at the address indicated above at 3 the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing)under sections 120.569 and 120.57 of the Florida Statutes. i i i I i i I 1 I A petition that disputes the material facts on which the Department's action is based must contain the following information: 1 I (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and j telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the pi oceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; i (c) A statement of when and how the petitioner received notice of the agency decision; a (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; i and i (f) A statement of the specific rules or statutes that the petitioner contends requires reversal or modification of the agency's proposed action; (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. 4 A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as Iset forth above, as required by rule 28-106.301, Florida Administrative Code. i Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing Imust be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This permit constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35,Tallahassee, Florida,32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order 1 is filed with the Clerk of the Department. i 1 1 i 1 i i k Sgt i T 1 7 4 I 1 .4 i 1. I Executed in Orlando,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION . JL David Herbster Submerged Lands and Environmental Resources Program Date: September 23,2010 DH/d1/1p/nm/dv FILING AND ACKNOWLEDGEMENT: FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. (I.:,-e-4,,,..-- -- -"�`'`,,..— "`-- September 23,2010 Clerk Date i 1 Enclosure: Permit No. ERP05-0151977-004-SI Engineering Drawings (6 pages) DEP Form 62-343.900(3),Construction Commencement IDEP Form 62-343.900(5),Certification of Construction Completion DEP Form 62-343.900(6),Environmental Resource Permit Inspection Certification DEP Form 62-343.900(7),Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase Copies furnished to: Michael S. Allen, P.E. (mallenC alleneng.net) John Juillianna,SJRVVMD(jjullianna@sjrHmld.com) Ken L.Ward,Towne Realty(kward@fl.homesbytowne.com) CERTIFICATE OF SERVICE 1 This is to certify that this NOTICE OF PERMIT and all copies were mailed before the close of business on September 23,2010 to the listed persons by . i 1 I i I i I 1 i I I sotoaFlorida De artment of Charlie Crist cnow . p Governor � f Environmental Protection JeffKottkamp r� ', Lt.Governor /1 OR FL •-/� Central District VegaltagaSSOM r VIA 3319 Maguire Boulevard,Suite 232 Michael W.Sole Orlando,Florida 32803-3767 Secretary PROJECT INFORMATION: Permit Number: ERP05-0151977-004-SI Expiration Date:September 23,2015 County: Brevard Latitude: 28°24' 14.171" Longitude: 80°35'43.234" Section 14/Township 24 South/Range 37 East Project: Cape Caribe Emergency Drawdown Structure PERMITTEE: Cape Canaveral,Inc. 1000 Shorewood Drive Cape Canaveral,Florida 32920 i Attention: Kohn Bennett, Authorized Agent i 1 Brevard County ERP DEP File Number. 05-0151977-004 1 Dear Mr. Bennett: 1 This permit is issued under the provisions of Part IV ^f Chapter 373, Florida Statutes (F.S.) and Chapters 62.4,62-302,62-330,62-343,62-101.040,40C-4,40C-40,40C-41 and 40C-42,Florida Administrative 1 Code (F.A.C.). The above named permittee is hereby authorized to perform the work or operate the j facility shown on the application and approved drawing(s), plans,and ",e documents attached hereto j or on file with the Department and made a part hereof and specifically a^scribed as follows: i Construct and Operate: a control structure in an existing, permitted wet retention pond serving the i Cape Caribe Resort. This permit also authorizes construction of a 6-foot diameter stormwater manhole and installation of approximately 140 feet of 12-inch diameter stormwater pipe under the entrance road to Jetty Park in Port Canaveral The proposed work will be located at the Cape Caribe resort,just south of Port Canaveral,in Section 14,Township 24 South,and Range 37 East,Brevard County. 1 This permit does not authorize any discharges from the wet retention pond or stormwater manhole to the Port Canaveral basin. The 6 accompanying engineering drawings will be attached to, and become a part of,this permit. 1 1 1 1 i 1 I a DEP Form 62-1.201(5) Page 1 of 7 Effective November 30,1992 1 a 1 i 1 i Permittee: Cape Caribe, Inc. Permit Number: ERP05-0151977-004-SI Attention: Kohn Bennett, Authorized Agent Expiration Date: September 23,2015 GENERAL CONDITIONS: 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by Department staff. The pennittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. ( 4. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment lcontrol measures (best management practices)required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications i- in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, 1 the permittee shall implement additional best management practices as necessary, in accordance with `he specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Lind a-d ,vatL_ Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven days after the construction activity in that portion of the site has I temporarily or permanently ceased. 6. At least 48 hours prior to commencement of act.:.it;° -.:-thorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.,copy enclosed)indicating the actual start date and the expected completion date. 7. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62- 343.900(4), F.A.C.). The form can be downloaded from http://www.dep.state.fl.us/water/wetlands/erp/forms.htm. Reports shall be submitted during June of each year. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure I portion within the area served by that portion or phase of the system. Each phase or independent poron of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 9. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management DEP Form 62-1.201(5) Page 2 of 7 Effective November 30,1992 i 1 j I i Permittee: Cape Caribe, Inc. Permit Number: ERP05-0151977-004-SI Attention Kohn Bennett, Authorized Agent Expiration Date: September 23,2015 GENERAL CONDITIONS: ) and Storage of Surface Waters(Applicant's Handbook),must be submitted to the Department for approval. ) Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require � recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, i whichever occurs first. For those systems which are proposed to be maintained by county or municipal i entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 3 i 10. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of the conditions in paragraphs (8 and 9) above,the Department determines the system to be in compliance with the permitted plans, and the entity approved by the Department in accordance with ? subsections 7.1.1 through 7.1.4 of the Applicant's Handbook accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such r approved operation and t. maintenance entity until the operation phase of the permit becomes effective. Following inspect...- and 1 approval of the permitted system by the Department, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's Handbook, and Section 62-343.110(1)(d), 3 F.A.C.,the permittee shall be liable for compliance with the terms of the permit. 1 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, i or convey any rights or privileges other than those specified in the permit and chapter 40C-4 or chapter 40C-40, F.A.C. g12. The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62- 343.130,F.A.C.The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale,conveyance or other transfer. 1 13. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the Department of the changes prior to implementation so that a determination can be made whether a permit modification is required. 14. The permittee is hereby advised that section 253.77, F.S., states that a person may not commence any 1 excavation,construction, or other activity involving the use of sovereign or other lands of the state,the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the 1 permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. a 15. Within 30 days after completion of construction of the permitted system, or independent portion of the a system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing "Environmental Resource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.) supplied with this permit.When the completed system differs substantially from the permitted plans, any 1 DEP Form 62-1.201(5) Page 3 of 7 Effective November 30,1992 jt } i I i 4 3 I 1 Permittee: Cape Caribe, Inc. Permit Number: ERP05-0151977-004-5I 1 Attention: Kohn Bennett, Authorized Agent Expiration Date: September 23,2015 i GENERAL CONDITIONS: I i 1 substantial deviations shall be noted and explained and two copies of as-built drawings submitted to the i Department. Submittal of the completed form shall serve to notify the Department that the system is ready 1 1 for inspection. The statement of completion and certification shall be based on on-site observation of 1 construction (conducted by the registered professional engineer, or other appropriate individual as I authorized by law, or under his or her direct supervision) or review of as-built drawings for the purpose of I 1 determining if the work was completed in compliance with approved plans and specifications. As-built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both 1 the original and any revised specifications must be clearly shown. The plans must be dearly labeled as"as- built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered A 1 surveyor. The following information, at a minimum,shall be verified on the as-built drawings: 1 1 I a. Dimensions and elevations of all discharge structures induding all weirs, slots, gates,pumps,pipes, i and oil and grease skimmers; b. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including , i deartouts,pipes,connections to control structures, and points of discharge to the receiving waters; t ic. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to I determine stage-storage relationships of the storage area and the permanent pool depth and I volume below the control elevation for normally wet systems,when appropriate; i 1 1 d. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow 1 directions and conveyance of runoff to the treatment system; e. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized i to convey off-site runoff around the system; i f. Existing water elevation(s)and the date determined; and 4 4 / g. Elevation and location of benchmark(s)for the survey. i 1 i 16. The permittee shall hold and save the Department harmless from any and all damages,dairns, or liabilities i i which may arise by reason of the activities authorized by the permit or any use of the permitted system. i i 1 1 17. Any delineation of the extent of a wetland or other surface water submitted as part of the permit I application? including plans or other supporting documentation, shall not be considered specifically i I approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. i 1 18. Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have 1 permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit 1 i 19. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the Department. i i 1 20. The permittee shall immediately notify the Department in writing of any previously submitted information i that is later discovered to be inaccurate. i i i i i 1 1 ! 1 DEP Form U-1.201(5) Page 4 of 7 iEffective November 30,1992 1 i Permittee: Cape Caribe, Inc. Permit Number: ERP05-0151977-004-SI Attention: Kohn Bennett, Authorized Agent Expiration Date: September 23,2015 SPECIFIC CONDITIONS: 1 CONSTRUCTION DETAILS 1. The 12-inch diameter stormwater pipe shall be constructed with a temporary plug such that no discharge of stormwater can occur to the Port Canaveral basin. The plug shall remain in place until this permit is modified to authorize emergency stormwater discharges to the Port Canaveral basin. 2. Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems. 3. Adequate measures must be taken to prevent siltation of these treatment systems and control I structures during construction or siltation must be removed prior to final grading and 4' stabilization. 1 1 PERMIT ALTERATIONS 1 4. Permittee must obtain a permit from the Department prior to beginning construction of % subsequent phases or any other work associated with this project not specifically authorized by this permit. i,.A 1 ER QUALITY i 1 5. Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302- 530(69), Florida Administrative Code. Turbidity shall not exceed 29 Nephelometric Turbidity Units above natural background conditions. Turbidity barriers shall be correctly installed at all i locations where ti..., possibility of transferring suspended solids into the receiving waterbody exists due to the proposed work It is understood that "receiving waterbody" shall not be construed to mean the permittee's settling pond, dredge lake, or other parts of the permittee's closed water system. Turbidity barriers shall remain in place at all locations until construction is 0 completed,soils are stabilized,and vegetation has been established. Upon final completion of the project and upon reasonable assurance that the project is no longer 1 a potential turbidity source,the permittee will be responsible for the removal of the barriers. INSPECTION REPORTS 6. Inspection reports for retention, underdrain, wet detention, swales, and wetland stormwater management systems shall be submitted to the Department two years after completion of construction and every two years thereafter on the enclosed form [DEP Form 62-343.900(6)]. 7. Copies of all turbidity monitoring reports shall be provided to the Department on a monthly basis. 1 Reports shall be submitted to the letterhead address. I EROSION CONTROL MEASURES i 1 8. The following measures shall be taken to minimize erosion: A. Swales and dry ponds: sodding of all side slopes; seeding and mulching of flat-lying bottom areas; 1 DEP Form 62-1.201(5) Page 5 of 7 Effective November 30,1992 i 1 1 i Permittee: Cape Caribe, Inc. Permit Number: ERP05 01519:x-004-SI Attention: Kohn Bennett, Authorized Agent Expiration Date: September 23,2015 SPECIFIC CONDITIONS: B. Berms and other disturbed flat-lying areas: seed and mulch. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased,but in no case more than seven(7)days after the construction activity in that portion of the site has temporarily or permanently ceased. 9. All wetland areas or water bodies, which are outside of the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity and dewatering. MAINTENANCE ACTIVITIES 10. The following maintenance activities shall be performed as needed on A All permitted systems: 1) Removal of trash and debris; 2) Inspection of inlets and outlets; 3) Removal of sediments when the storage volume or conveyance capacity of the stormwater management system is below design levels;and { 4) Stabilization and restoration of eroded areas. B. Retention,swale,and underdrain systems: 1) Mowing and removal of grass clippings; 2) Aeration,tilling,or replacement of topsoil;and 3) Re-establishment of vegetation on disturbed surfaces. C. Wet detention systems: 1) Replanting of natural vegetation within the littoral zone;and 2) Control of nuisance and exotic vegetation. 11. If the system is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards of this chapter,the permittee must either replace the system or construct an alternative design. A permit { modification must be obtained from the Department prior to constructing such an alternate design pursuant to section 40C-4331,F.A.C. DEWATFR TNT G 12. If dewatering is to occur during any phase of construction or thereafter and discharge is to on-site or off-site surface waters of the State, either directly or via a stormwater management system, a generic permit in accordance with Rule 62-621.300, F.A.C., will be required prior to any dewatering. l t DEP Form 62-1.201(5) Page 6 of 7 Effective November 30,1992 g Permittee: Cape Caribe, Inc. Permit Number: ERP05-0151977-004-SI Attention: Kohn Bennett, Authorized Agent Expiration Date: September 23,2015 SPECIFIC CONDITIONS: 13. If dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells or facilities are capable of withdrawing 1 million gallons of water per day (MGD) or more, a consumptive use permit in accordance with Rule 40C-2.041, F.A.C., may be required from the St. Johns River Water Management District (SJRVI'MD) prior to beginning any dewatering. 14. A plan for routing of discharge water must be submitted to the DEP Central district Office for approval prior to commencement of dewatering. EARTH WORK 15. If during the progress of this project prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures are encountered. ?t any time within the project site area, work should cease in the immediate vicinity of such discoveries. The permittee,or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at 850/245-6333, or (800) 847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. 16. In the event that any unmarked human remains are encountered anywhere on the subject property, all work shall stop immediately and the proper authorities notured in accordance with Section 872.05, Florida Statutes. The permittee, or other designee, should contact the authority cited in this Section Thereafter, project activities should not resume without verbal and/or written authorization from the designated official. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION David Herbster Submerged Lands and Environmental Resources Program Date of Issue: September 23,2010 DEP Form 62-1.201(5) Page 7 of 7 Effective November 30,1992 V I� STORMWATER DRAINAGE EASEMENT AGREEMENT THIS STORMWATER DRAINAGE EASEMENT AGREEMENT ("Easement Agreement") is made this day of October, 2011 by THE CANAVERAL PORT AUTHORITY, hereinafter referred to as GRANTOR, in favor of CAPE CARIBE, INC., whose mailing address is 1000 Shorewood Drive, Cape Canaveral, FL 32920, hereinafter referred to as GRANTEE. WITNESSETH: That the GRANTOR, in consideration, of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration to GRANTOR in hand paid, receipt of which is hereby acknowledged, does hereby grant, bargain, sell and assign unto the 1 GRANTEE, its successors and assigns, a perpetual non-exclusive easement over, across and upon the real property depicted on Exhibit"A", Sheet 1 of 2 and legally described on the attached Exhibit"A", Sheet 2 of 2 (the"Easement Property"). The GRANTOR hereby grants certain rights across the Easement Property for stormwater drainage commencing on the above date, for the purpose of constructing, using and maintaining an emergency drawdown system to serve GRANTEE'S property, with full right of ingress and egress to construct or cause to be constructed, maintained, repaired and otherwise perform such acts necessary in and for the construction and maintenance of such system. All work and construction of any improvement must be approved in advance in writing by GRANTOR. The GRANTEE is responsible for obtaining all required permits and governmental approvals and to repair any damage to GRANTOR'S property caused by construction or use of the improvements by GRANTEE or its agents. All drainage improvements shall be constructed in substantial compliance with the plans approved by the Florida Department of Environmental Protection, Permit Number ERP-05-0151977-004SI, dated September 23, 2010 and any amendments thereto. The discharge of stormwater and notice provisions shall be in compliance with the specific conditions enumerated in Permit Number ERP-05-0151977-006EM issued by the Florida Department of Environmental Protection Agency dated July 14, 2011 and any amendments thereto. The land affected by the grant of this easement is located in the County of Brevard, State of Florida, and is more particularly described as follows: See Exhibit"A" attached hereto and made a part hereof. TO HAVE AND TO HOLD said easement unto the GRANTEE and unto its } successor and assigns. The GRANTOR does hereby covenant with the GRANTEE that GRANTOR is lawfully seized and possessed of the lands described and that the GRANTOR has a good and lawful right to convey it or any part thereof or any interest therein. GRANTEE is 1 _ _ responsible for the payment of any ad valorem tax or other tax assessment that may be levied upon GRAN1 Ui. S real property as a result of the granting of this easement. GRANTEE shall indemnify and hold harmless GRANTOR, and GRANTOR'S successors or assigns, from any and all loss, damage, costs, claims, suits, liabilities or expenses, including reasonable attorneys' fees arising out of GRANTEE'S use of the easement. In connection with any litigation arising out of the enforcement or interpretation of this Easement Agreement, the prevailing party shall be entitled to recover from the party not prevailing, the prevailing party reasonable costs and attorney fees in all legal and equitable proceedings and at all levels of such proceedings. This Easement Agreement shall be enforced and construed in accordance with the Florida law (excluding its conflict of law rules). This Easement Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. IN WITNESS WHEREOF, the said GRANTOR and GRANTEE have hereunto set their hand and seal on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: GRANTOR: CANAVERAL PORT AUTHORITY BY: ATTEST: STATE OF FLORIDA } COUNTY OF BREVARD } The foregoing was acknowledged before me this day of October, 2011 by and as and of CANAVERAL PORT AUTHORITY respectively, of the CANAVERAL PORT AUTHORITY,who are known to me personally. NOTARY PUBLIC, State of Florida Printed Name: My Commission Expires: 2 LTR GRANTEE: CAPE CARIBE, INC. BY: John R.Grandlich, Vice President STATE OF FLORIDA } COUNTY OF BREVARD } The foregoing was acknowledged before me this day of October, 2011 by John R. Grandlich as Vice President who is known to me personally. NOTARY PUBLIC, State of Florida Printed Name: My Commission Expires: G:/Common/CapeCaribeRevi aSitePlan/OutfallPermit/StormwaterDrainageEaxmeut 3 i i I SKETCH TO ACCOMPANY DESCRIPTION I NOT A BOUNDARY SURVEY I i DRAINAGE EASEMENT W,t L. POI NT O F S UNE OF S.W. 1/4 W COMMENCEMENT OFSEC71ON 14 � S. LINE OF S.E. 1/4 N.W. CORNER OF SECTION 14 o OF SECTION 14 Q 1 111 N89'43'34 f 4 "' —0---11---.— 2,639.94 ' O _N89'45'4T'E 1,058.83' 0 15 114 _ — fi fi c Q I M 1 1 CANAVERAL PORT AUTHORITY S89'49'31''W (OWNER) 20.31' 6 ■ rr- -_ oa4, ryo )U) `. ` L POINT OE TERMINATION /I �s�.. ` �N 46\ N°°lisn 0 V- w ESE of pAENi S RGE KING I 1 BOULEVARD _ i r \--N. LINE OF CAPE CAR/BE POINT OF BEGINNING N 1 THE RON JON i) CAPE CARIBE RESORT 1 (TIMESHARE) MI QLLE\ 0 12.5 25 50 GRAPHIC SCALE ,\I n ineerin , Inc. \1 SURVEYORS - ENGINEERS EXHIBIT "A" a. 106 LANE .... COCOA BEACH, FLORIDA 32931 SHEET I 01 2 CO a TELEPHONE: (321)783-7443 - FAX: (921)783-5902 E WEBSITE: www.alleneng.net - EMAIL: info®alleneng.net SEE SHEET 2 FOR DESCRIPTION, 0 3. SURVEYOR'S CERTIFICATION g/ NOTES i 2. e 1, PREPARED AND CERTIFIED FOR: 1 z DATE:: 8-02-11 DRAWN BY: DJG CAPE CAR/BE, INC. al JOB NO. 980129.7 SCALE: 1"-50 1 1 T t i 4 a r s 4 DESCRIPTION NOT A BOUNDARY SURVEY DRAINAGE EASEMENT i i DESCRIPTION OF EASEMENT: A 20.00 foot wide easement for instalation and maintenance of drainage facilities, lying in Section 11, Township 24 South, Range 37 East, Brevard County, Florida, lying 10.00 feet on each side of the following described centerline: Commence at the Southwest corner of said Section 11; thence N89'4334"E, along the South line of the Southwest one-quarter of said Section 11, a distance of 2,639.94 feet, to the Southeast corner of the Southwest one-quarter of said Section 11; thence N89'45'43"E, along the South line of the Southeast one-quarter of said Section 11, a distance of 1,058.83 feet, to the POINT OF BEGINNING of the herein described cen'- 1-:::: er.'h NORTH, a distance of 81.54 feet; thence N45'00'00"W, a distance of 58.35 feet; thence S89'4931"W, a distance of 20.31 feet, to the point of termination of said centerline. 1 r j+1 , ,_ _ _, 7 SURVEYOR'S NOTES: 1. THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of N89'43 34"E, along the South line of Southwest one-quarter of said Section 11. 3. 0 = Denotes change in direction (no corner found or set). 1 i SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION 1 I i i SURVEYOR'S CERTIFICATION: N I hereby certify that the attached Property Description was prepared EXHIBIT "A" under my direction, in accordance with all applicable requirements of ° SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 5J-17, Florida Administrative Code, - pursuant to Chapter 472.027, Florida Statutes. o ��LLE� A�!'E.//E , INEE'R G, INC. n ineerin , Inc. g g // 1�,d Si1RVEY0RS - ENGINEERS ' / e 106 DIXIE LANE // / ' , COCOA BEACH, FLORIDA 32931 Not valid without the BY. -- / g TELEPHONE: (321)783-7443 - FAX: (321)783-5902 signature and the original ROB RT . " •LMON f� ITEBSrfE: mra.alleneng.net - EMAIL: info @alleneng.net raised seal of a Florida Prof fas '•no/ Surveyor & Mapper 0 3. licensed surveyor and mapper. FI�/Registration No. 4262 2. PREPARED AND CERTIFIED FOR: i t 1, CAPE CARIBE, INC. JOB NO. 980129.7 j DATE: 8-02-11 J i t i 1 i A ( v STORMWATER DRAINAGE EASEMENT THIS STORMWATER DRAINAGE EASEMENT is made th. day of 2010 by THE CANAVERAL PORT AUTHORITY, •reinafter referred to as GRANTO , in=ift._. , whose mailing address is j hereina er referred to as GRANTEE. ((Y"'/ �" "V E ,.�„ 07();(,„tiri WITNESSETH: That the G TOR, in consideration, of the sum o Ten and No/100 ($10.00) Dollars and other go d and valuable consideration to GRA OR in hand paid, receipt of which is hereby a owledged, does hereby grant, bang in, sell and assign unto the GRANTEE, its s cessors and assigns, a non-exclusive e sement over, across and upon the real property described on the attached Exhibit A (the Easement Property). The Grantor hereby grants certain rights across the Easement Property for stormwater 1 drainage commencing on the above date, for the purpose of constructing, using and maintaining an emergency drawdown system to serve GRANTEE'S property, with full right of ingress and egress to construct or cause to be constructed, maintained, repaired and otherwise perform such acts necessary in and for the construction and maintenance of such system. All work and construction of any improvement must be approved in advance in writing by GRANTOR. The GRANTEE is responsible for obtaining all required permits and governmental approvals for the construction and maintenance of said system or other related improvements and to repair any damage to GRANTOR'S property caused by construction or use of the improvements by GRANTEE or its agents. ENVIRONMENTAL CLAUSE TO BE INSERTED .. { GRANTEE: yX ti STATE OF } COUNTY OF } The foregoing instrument was acknowledged before me on this day of ,2010, by of who is known to me personally and who did not take an oath. Notary Public—State of Florida Printed Name: My commission expires: ya { INSERT (Environmental Clause) All drainage improvements shall be constructed in substantial compliance with the plans approved by the Florida Department of Environmental Protection, permit number ERP- 05-0151977-004, dated September 23, 2010 and any amendments thereto. The discharge of stormwater and notice provisions shall be in compliance with the specific conditions enumerated in permit number ERP-05-0151977-006EM issued by the Florida Department of Environmental Protection Agency, dated July 14, 2011 and any amendments thereto. �tt 1 } `s. 1 1 . .. , , , 1 KETC1-1 TO ACCOMPANY DESCRIPTION , , „, NOT A BOUNDARY SURVEY , 4 f , 4 DRAINAGE EMEMEMT 4 , , , , , 1 Li ., , 4 . , IL POINT OP S. Lavr OF SAY. 1/4- V) . i COMMENCEMENT— OF SECTION 14 CI La.. S. LINE OF "4‹ , , 1 N.W. CORNER OF SECTION 14 1 1 1 (.3o -OF SECIION 14 - ' , 1 1 I N894334 ":-:," 4 --.Q1 •-- N59'45'43"E 1 055 83' —— ---:1 • *- 1 1E I 1 4 I = .I c...) i < I M 1 . 1 CANAVERAL PORT AUTHORITY 1 i S89'491.31111 (OMER) , ' 1 20.31' , J . . 1 POINT OF TERMINATION —/ , , I /• : , \`tis•-■. . / . q 1 /\A / 0 . , 2 , i 4 V. V• 4 ILC1 NOME° ,r, e of .• , ; ED" f ----------- ; ' , i SteiReE Me I..r. BOULEVARD : , i . , 1 i - 1 L-1-1 ::.-__-:;:----------:-="--:=:------- 1 _ /0 1 \. N LINE OF CAPE CAME POINT OF BEGINNING--} • . ' ! < IV . . 1 , , z THE. RON JON tl. , , , 1 . :.: , ,-... CAPE CARIBE RESORT . ,....- (TIMESHARE) 1111:1_1= 6 0 12.5 25 GRAPHIC SCALE 4 LLEN , , A ., . , , i F I ngineering, Inc. . SURVEYORS - ENGINEERS EXHIBIT"A" i 1 . 1 ,,‘' 108 DIME LANE i COCOA BEACH, FLORIDA 32931 SHEET I OF 2 ! TELEPHONE: (321)703-7443 - FAX: (321)783-5902 co 1 ..- WEBSITE: www.alleneag.net - EMAIL: info@alleneng.net. ! SEE SHEET 2 FOR DESCRIPTION, -.:. 0 3 SURVEYOR'S CERTIFICATION & NOTES a ! 1 ' 2. 1Sk ' .:-. 1. PREPARED AND CERTIFIED FOR: 1 6 1; DATE: 8-02-71 DRAWN BY DJG CAPE OAR/BE, INC. • 1 g LC.12; 9......2=.7.....F2.L.. ............._ i ; 11015..773.0II.174:44 1 1 1 1 i . DLgCRIPT1U J NOT A BOUNDARY SURVEY DRAPNAGE EASEMENT 3 , j DESCRIPTION OE EASEMENT: I A 20.00 foot wide easement for instolation and maintenance of drainage facilities, lying in Section 11, Township 24 South, Range 37 East, Brevord County, Florida, lying 10.00 feet on each side of the following described centerline: ICommence at the Southwest corner of said Section 11; thence N89'4334"E, along the South line of the Southwest one—quarter of said Section 11, a distance of 2,639.94 feet, to the Southeast corner of the Southwest one—quarter of said Section 11; thence N89'45'43"E, along the South line of the Southeast ! one—quarter of said Section 11, a distance of 1,058,83 feet, to the POINT OF BEGINNING of the herein 1 I described centerline; thence NORTH, a distance of 81.54 feet; thence N45'OO'OO'W,, a distance of 58.35 feet; thence S89'49 31"W, a distance of 20.31 feet, to the point of termination of said centerline. t 3 t i 5 1 SURVEYOR'S NOTES: 1. THIS lS NOT A SURVEY. 1 ! 2. The bearings shown hereon are based on a bearing of N89'43 34"E, along the South line of 1 Southwest one—quarter of said Section 11. s 1 3. 0 = Denotes change in direction (no corner found or set). l • ! + SEE SHEET 1 I=OR THE SKETCH TO ACCOMPANY THiS DESCRIPTION I 1 I R { SURVEYOR'S CERTIFICATION: i hereby certify that the attached Property Description was prepared •1 EXHIBIT "A" under my direction, in accordance with all applicable requirements of 9 SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying in the State of i Florida, described in Chapter 5J-17, Florida Administrative Code, y `` pursuant to Chapter 472.027, Florida Statutes. 7, F o, A 'ten�ineering, Inc. ALLEN/EyINEE%?f,G, INC. . �,.E SURVEYORS ENGINEERS • ':/ I „,./„./ I 106 OiX1E i,A1YF. !/ COCOA REACH, FLORIDA 32031 Not valid without the BY.,��/— 4 LjL c 1 a i TELEPHONE: (321)703-7443 - FAX: (321)783--5902 signature and the original /ROBRT M `SALMON 3I REOSITE: www.allenong.net - EMAIL: info®alleneng.net raised seal of a Florida I/ Professy nol Surveyor & Mapper 3 licensed surveyor and mapper. Florid Registration No. 4262 - § 2. PREPARED AND CERTIFIED FOR:- __'y/ 1 CAPE CARIBE, INC. J I JOB NO. 980129.7 DATE.: 8-02-11 ` : I t i I 1 1 09/29/2011 THU 15: 55 FAX 3217843644 2002/002 Form 1162-343.900(3)MC Form Title: Construction Commencement Not cc I Elective Dine: October 3.1995 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice Project: Cape Caribe Emergency Drawdown Structure Phase: N/A I hereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Pemnt Number ERP05-0151977-004-S1 has commenced/is expected to commence on September 30,2011 and will require a duration of approximately 30 days to complete. It is understood that should the construction ten n extend beyond one year,I am obligated to submit the Annual Status Report for surface Water Management System Construction. PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in writing in order to satisfy permit conditions. !".) ) Vice President,Cape Caribe,Inc. Sept. 28,2011 Andrew-Pjarmusz Pennittee or Authorized Agent / Title and Company Date 321-784-8093 1000 Shorewood Drive,Suite 200,Cape Canaveral,FL 32920 Phone Address 62-343,900(3) On-Line Document Formatted 12/01/97 Rag • Page 1 of 1 Ken L. War• From John Walsh [jwalsh @portcanaveral.com Sen : Monday, September 19,2011 10:46 AM To: Ken L.Ward ) Cc: John Grandlich Subject: RE: ape arl.e Outfall I have passed on to our in house counsel Tony Tatum and the executive office for review and signature.John John Walsh Deputy Executive Director, Infrastructure Canaveral Port Authority 445 Challenger Road moot Ste 301 CANAVERAL Cape Canaveral, Florida 32920 t. 1+(321)783-7831, Ext. 217 f. 1+ (321)783-1063 {####} From: Ken L. Ward [mailto:kward @fl.homesbytowne.com] Sent: Monday, September 19, 2011 10:27 AM To: John Walsh Cc: John Grandlich Subject: Cape Caribe Outfall Importance: High Good morning John: The attached easement agreement was forwarded to us by your predecessor to review before the discharge permit was issued by FDEP.We have made a couple of suggested changes and drafted the insert that now identifies the permit numbers. I've attached exhibit"A"(Sketch and Legal Description of the easement). Of course the chairman and secretary signature blocks need to be updated and John Grandlich,vice president of Cape Caribe, Inc.will sign on our behalf. I j We would like to have this easement executed and recorded as soon as possible. If you prefer,we are happy to execute our portion once you have made the final revisions and return to you for the Chairman's signature. Also, let me know if you would like us to deliver the fully executed agreement to the Clerk's Office for recording. If I can be of any assistance, let me know. Thank you for your assistance. Kenneth L.Ward, Director of Acquisitions Homes By Towne,a Zilber Ltd. Company 1000 Shorewood Drive, Suite 200 Cape Canaveral, Florida 32920 (0)321.784.8093(0321.784.3644(m)321.863.6189 Under Florida Statute 668.6076,electronic mail addresses are public records. If you do not want your electronic mail address released in response to a public records request as provided in Florida Statute 119,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. This electronic mail contains information which may be privileged,confidential,or otherwise protected from disclosure. It 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 electronic mail is prohibited. If you have received this electronic mail in error,please notify the sender by reply electronic mail or at the telephone number listed above and destroy the original message and all copies.Rev.100507a 10/4/2011 • • CFN 2010074847, OR BK 6152 PAGE 2042, Recorded 04/22/2010 at 04:16 PM,Scott Ellis,Clerk of Courts,Brevard County #Pgs•17 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Katherine W.Latorre,Esq. Assistant City Attorney of Cape Canaveral Brown,Garganese,Weiss&D'Agresta,P.A. 111 N.Orange Avenue,Suite 2000 Zy7 3 Orlando,FL 32802 ep (407)425-9566 FOR RECORDING DEPARTMENT USE ONLY CAPE CARIBE BINDING DEVELOPER'S AGREEMENT - 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 CAPE CARIBE, INC.,a Florida Corporation("Owner"),whose principal address is 1000 Shorewood Drive, Suite 200, Cape Canaveral, Florida 32920. 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 WHEREAS, Owner is the current fee simple owner of record of certain real property and holds easements over certain real property located within the City of Cape Canaveral and more particularly described herein("Property"); and WHEREAS, a certain portion of the Property, consisting of 27.71 acres of land, has an approved site plan dated June 27, 2001 for the development of phased hotel and resort condominium buildings, related infrastructure and amenities("Original Site Plan");and WHEREAS, consistent with the Original Site Plan, Owner has commenced construction of the development known as "Ron Jon® Cape Caribe Resort," which currently consists of 206 hotel and resort condominium units, as well as two (2) parking garages and recreational amenities on the Property; and WHEREAS, Owner desires to amend the Original Site Plan by adding 5.01 acres of real property located adjacent to and directly west of the real property Y sub]ect to the Original Site Plan; and WHEREAS, Owner also desires to revise the Original Site Plan by reducing the number of buildings and units and expanding amenities consistent with its revised site plan;and DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 1 of 13 A WHEREAS, consistent with applicable laws and ordinances, the City Council approved Owner's revised site plan on March 2, 2010, subject to, among other conditions, the approval and execution of this Agreement;and WHEREAS, given the unique character of the revised site plan, the City and Owner desire to address specific on-site and off-site concerns 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 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 Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: a _ 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.4 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 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. 4.0 Effective Date. This Agreement shall become effective immediately upon the occurrence of all of the following conditions precedent ("Effective Date"): 4.1 The Land Use Ordinances, as defined in Section 16.0 herein, and the Revised Site Plan becoming effective in accordance with Section 16.0; 4.2 The expiration of any and all appeal periods for any challenge to the Revised Site Plan; and 4.3 The recordation of a fully executed original of this Agreement in the 1 official records of Brevard County,Florida, at the expense of Owner. Should any of the foregoing conditions precedent fail to occur, this Agreement shall be null and void. 5.0 Duration of Agreement. This Agreement shall be binding on the Property for a term of twenty (20) years from the Effective Date unless sooner terminated pursuant to section 17.0 herein. Any extension to this Agreement shall be evidenced in a written amendment hereto, executed by both parties and approved by the City Council consistent with Section 22.0 herein. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 2 of 13 1 1 I 3 1 6.0 Revised Site PIan. Owner agrees to develop the Property in accordance with its x revised site plan, approved by the City Council on March 2, 2010 ("Revised Site Plan"), effective consistent with Section 16.0 herein, and pursuant to the terms and conditions of this Agreement and all applicable laws. The Revised Site Plan is depicted on the signed and sealed site plans prepared by Allen Engineering, Inc., dated April 1, 2008 (revised on February 25, 1 2009)and on file at Cape Canaveral City Hall. As a matter of convenience, and at the request of Owner, the Revised Site Plan may be amended from time to time by the City without further 4 amendment to this Agreement. Any such amendment to the Revised Site Plan shall automatically be incorporated herein by this reference. 7.0 Status of Original Site PIan. The parties understand and agree that upon the 1 Effective Date, the Original Site Plan shall be replaced and superseded in its entirety by the Revised Site Plan and any development rights granted to Owner pursuant to the Original Site Plan shall be null and void. 8.0 Development Permitted on the Property. The Property is zoned R-3 Medium Density Residential("R-3")and C-1 Low Density Commercial ("C-1"). 1 3 8.1 R-3 Property. The permitted uses, allowable density and building intensities and height for the portions of the Property zoned R-3 are set forth in sections 110-311 through 110-321 of the Cape Canaveral City Code, which sections are expressly incorporated herein by this reference. i 8.2 C-1 Property. The permitted uses, allowable density and building - intensities and height for the portions of the Property zoned C-1 are set forth in sections 110-331 through 110-339 of the Cape Canaveral City Code, which sections are expressly incorporated herein by this reference. 1, 9.0 Public Facilities and Services. The Property will be served by City of Cocoa water and City of Cape Canaveral sanitary sewer facilities. On-site design and construction of said facilities shall be performed by Owner as part of its development of the Property in accordance with the Revised Site Plan. 10.0 Phased Development. i 10.1 Phasing The Revised Site Plan depicts a total of seven (7) buildings containing 600 hotel and resort condominium units. Consistent with the Original Site Plan and as of the Effective Date, Buildings I and 2 containing 206 units are constructed on the Property. Subject to the termination provisions set forth in Section 17.0 herein, Owner and City agree that Owner shall be permitted to phase the development of the remaining five (5) unconstructed buildings, designated as Buildings 3 through 7 ("Remaining " ( g Buildin s g ), and containing a total of 394 units, in accordance with the f Revised Site Plan and pursuant to the following development schedule: F I 1 l DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. I Page 3 of 13 1 i x 1 1 i ' 25 Y 5 i tt?(Lt L 2 . ! 2© i a 10.1.1 No later than two (,2'f years from the Effective Date, Owner shall i (20 15) submit the building permit application to construct the first building of the 1eUJ ` unconstructed Remaining Buildings. i � 7 !o ARIL 22 Z' b 10.1.2 No later than seven P') years from the Effective Date, Owner shall ,Lo w) su mit the building permit application to construct the second building of the 1 tJ e u) unconstructed Remaining Buildings. !r 2 O Z 2 10.1.3 No later than twelve () ) years from the Effective Date, Owner X21(., 22t shall submit the building permit application to construct the third building of the mad (2025 unconstructed Remaining Buildings, provided that the first and second buildings k of the Remaining Buildings are substantially complete or have received a • certificate of occupancy. /v R'PILl L 22 t 2027 10.1.4 No later than seventeen(„1,7'Y years from the Effective Date, Owner _ i(✓w (zoo) shall submit the building permit application to construct the fourth building of the unconstructed Remaining Buildings, provided that the third building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 2t. 22 ZOI 3 10.1.5 No later than twenty ROT years from the Effective Date, Owner shall submit the building permit application to construct the final building of the N E(�7 CZ D 3 1 unconstructed Remaining Buildings, provided that the fourth building of the i r Remaining Buildings is substantially complete or has received a certificate of occupancy. Building permit applications submitted in satisfaction of this subsection 10.1 shall be substantially complete consistent with the requirements of applicable law. Within ten ! (10) days of receipt of any building permit application required by this subsection, the City's Building Official shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event the application is deemed incomplete, the application deficiencies shall be specifically identified in the Building Official's written notification to Owner. Upon issuance of any building permit under this subsection 10.1, Owner shall diligently pursue the construction authorized by the permit and shall maintain a valid and active permit pursuant to applicable law. 10.2 Infrastructure. Owner shall ensure that the construction of all necessary infrastructure is completed in direct proportion to the phased development of the Remaining Buildings in order to service and support the completed development of the ' Remaining Buildings. All phased infrastructure installed shall be compatible and b coordinated with existing infrastructure. As used in this subsection, the "infrastructure" shall include, but not be limited to, streets and roadways, sidewalks, street and common area lighting, utilities, drainage and stormwater systems, and parking. Further, upon completion of any structure and prior to the issuance of a certificate of occupancy, Owner shall be required to demonstrate that the completed development meets all applicable I bulk regulations and supplementary district regulations required by the City Code. i DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 4of13 i , 1 , I • , 1 I ' I . 1 1 1 (0 1 10.3 Concurrency. The City agrees to issue Owner an initial concurrency / compliance certification for all levels of service of the various public facilities to support 1 the specific impacts of the proposed development consistent with the requirements of 1 I 4 ,7 Chapter 86 of the City Code. This certification shall reserve concurrency capacity for the i i kpoti 22 401 / Property for a period of seven Z1/4 years from the Effective Date ("Initial Concurrency"). 1 ( p,\ Notwithstanding the above' the Owner acknowledges that concurrency for Potable Water 1 N eu) 26 1—f from the City of Cocoa may be reserved for a period less than seven (7) years,therefore , the City agrees to reserve the maximum term available for the Property. 11 i I 77 202Z- 10.3.1 Upon expiration of Owner's Initial Concurrency a new application 1 b2 ey \ shall be submitted by Owner and City shall provide an analysis of public facilities 1 gew ,k""4- / consistent with the requirements of Chapter 86 of the City Code. Provided I i adequate facilities are available, the City shall issue a new certification to reserve , , concurrency for an additional five (5)years ("Second Concurrency"). 1 1 i0112.1L 22 / 20 z7 10.3.2 Upon expiration of Owner's Second Concurrency a new i ., application shall be submitted by Owner and City shall provide an analysis of If■I et.° (Z°50) public facilities consistent with the requirements of Chapter 86 of the City Code. i Provided adequate facilities are available, the City shall issue a new certification 1 1 to reserve concurrency for an additional five(5)years ("Third Concurrency"). I 1 1 L 2? 1 2 Owner's°30 10.3.3 Upon expiration of Oer's Third Concurrency a new application q v I .....______________-- shall be submitted by Owner and City shall provide an analysis of public facilities _ (20 35) consistent with the requirements of Chapter 86 of the City Code. Provided 1 I4 Aelo t.. adequate facilities are available the City shall issue a new certification to reserve concurrency for an additional threeNyears. 1 5, I11.0 Resort Condominium Status. ; I 11.1 Notice of Intent. Owner and City acknowledge and agree that, consistent t / with section 110-486(b)(5), Cape Canaveral City Code ("City Code"), Owner has timely 1 i filed a notice of intent with the City Manager declaring Owner's intent to license certain I , existing and proposed units depicted on the Revised Site Plan as resort condominiums. i I 11.2 Original Site Plan Units. Upon the Effective Date, the existing 56 units i contained within"Building 2," as identified on the Revised Site Plan, shall be considered i I "existing"consistent with section 110-486(a), City Code. 1 - 1 11.3 Revised Site Plan Units. Upon the issuance of certificates of occupancy I for Buildings 3 and 4, as identified on the Revised Site Plan, and upon the satisfaction of I all building and fire code requirements applicable to resort condominiums, the 124 I proposed units in Buildings 3 and 4 shall be granted preliminary certificates of i i nonconforming status. i i i 1 i DEVELOPER'S AGREEMENT s City of Cape Canaveral/Cape Caribe,Inc. i Page 5 of 13 1 , _ 1 11.4 Site Plan Approval Deadline. The Revised Site Plan shall not be subject to the site plan approval deadline set forth in section 110-486 5 1 , City Code. P PP �)( )(�) tY 12.0 Tree Mitigation &Land Clearing. 12.1 Tree Mitigation. Owner and City expressly acknowledge and agree that Owner's affiliate, Solana Lake, Inc. ("Solana") and the City are party to a Development Agreement dated November 6, 2003 for the construction of a residential condominium development, said Development Agreement being recorded in Brevard County Official Record Book 5115, Page 3331 ("Solana Agreement"). Pursuant to Section 5 of the Solana Agreement, Solana is required to mitigate the removal of trees that occurred during the development of Solana's condominium development. In addition, Owner is still obligated to mitigate the removal of trees associated with the Original Site Plan. Therefore, Owner agrees to satisfy all of Owner's and Solana's outstanding tree mitigation obligations related to the Original Site Plan and the Solana Agreement, excluding mitigation obligations related to the New Site Plan Property, as defined in Section 12.2 below, as follows: 12.1.1 No later than 30 days following the Effective Date, Owner shall pay to the City as tree mitigation a sum of One Hundred Forty Thousand and no/100 Dollars ($140,000.00). Such sum shall be deposited into the City's tree bank and may be used at the City's sole discretion. 12.1.2 With the exception of the New Site Plan Property, as defined in Section 12.2 below,the Revised Site Plan shall meet or exceed the minimum land clearing and landscape requirements of the City Code,as the City Code existed on the date the Original Site Plan was approved. 12.2 Land Clearing on New Site Plan Property. The Revised Site Plan includes 5.01 acres of real property not included in the Original Site Plan("New Site Plan Property"), which is located adjacent to and to the immediate west of the real property subject to the Original Site Plan. With regard to land clearing and tree removal and replacement on the New Site Plan Property, Owner agrees that the New Site Plan Property shall be designed and developed consistent with the current provisions of Chapter 102 of the City Code,as of the Effective Date of this Agreement. 13.0 Conservation Easement to City. Within 30 days of the Effective Date, Owner shall convey a statutory perpetual conservation easement to preserve trees in conformance with the provisions of Chapter 102 of the City Code, and in compliance with Section 12.2 above ("Conservation Easement"), in favor of the City over the 0.95 acres, more or less, generally located to the south of the "West Parking Garage" and to the west of"Building 7," as identified on the Revised Site Plan. The real property subject to the Conservation Easement is legally described in Exhibit "B," attached hereto and fully incorporated herein by this reference. The conservation easement shall be in accordance with Florida law and shall be on a form acceptable to Owner and the City Attorney. The City shall not be responsible for any maintenance or upkeep of the real property subject to the Conservation Easement. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 6 of 13 14.0 North Atlantic Avenue Improvements. The Solana Agreement required Solana to construct certain roadway improvements on North Atlantic Avenue. As security for the payment of Solana's obligations under the Solana Agreement, Solana was required to bond the roadway improvements in the amount of$30,000.00. Given that the roadway project has since been postponed by the City to allow for future development of properties along North Atlantic Avenue, the City and Owner hereby agree that Owner shall pay the City a sum of Thirty Thousand and no/100 Dollars ($30,000.00) within thirty (30) days of the Effective Date, which sum the City, at its sole discretion, shall allocate toward beautification along North Atlantic Avenue. No later than ten(10) days following City's receipt of Owner's payment,the City shall return the original bond to Solana and Solana's obligations under Sections 2 and 3 of the Solana Agreement shall be deemed fully satisfied. 15.0 Stormwater Management. The Property is served by a stormwater system ± approved by the City and the Florida Department of Environmental Protection ("DEP"). This stormwater system consists of a series of retention trenches, ponds and swales located on the Property and on the properties located immediately adjacent to the Property, commonly known as "Solana Shores" and "Solana Lake", which trenches and ponds cooperatively serve as the stormwater management system for the Property and the aforementioned adjacent properties ("Stormwater System"). Based on drainage computations and exhibits provided by Allen Engineering, dated September 4, 2009,the City has determined the Stormwater System provides sufficient storage capacity as required by City Code for the Property depicted on the Revised Site Plan. However, the City is desirous to have Owner establish an Emergency Drawdown Plan to assure that excess stormwater can be removed from the Stormwater System in an expeditious manner prior to a Storm Event, as defined herein. In addition, the City desires the Owner to provide a permanent Stormwater Outfall for the Stormwater System. 15.1 Emergency Drawdown Plan. Owner shall use all reasonable efforts to establish an emergency drawdown plan ("Plan") acceptable to the City to drawdown the water levels of the Stormwater System. Owner shall perform an emergency drawdown of the Stormwater System in accordance with its Plan prior to any hurricane, tropical storm, or any 100-year storm event (defined as producing 11 or more inches of rainfall within a 24-hour period) (collectively, "Storm Event") forecast to affect the City of Cape Canaveral when the Stormwater System water levels are above the Plan elevation. Owner shall be responsible for securing, maintaining and operating the necessary equipment to facilitate the pumping of excess stormwater from the Stormwater System and through the Canaveral Port Authority's("Port's")stormwater system. a 15.2 Stormwater Outfall. Prior to the issuance of a building permit for any new building shown on the Revised Site Plan, the Owner shall obtain a stormwater permit modification from the DEP for the Stormwater System. Furthermore, the Owner's application for the stormwater permit modification shall include,but not be limited to, all supporting data, computations, design and construction plans to request a conversion of the existing Stormwater System from a retention design to a detention design that provides for an outfall of the Stormwater System through the Port's stormwater system ("Stormwater Outfall"). The Stormwater Outfall shall be designed as a permanent pump DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 7 of 13 system that automatically maintains the water levels in the existing Solana Lake and Solana Shore ponds. 15.3 Permit Approval. Owner shall be responsible for obtaining a revised stormwater permit from DEP prior to constructing any modifications to the Stormwater System. The City and Owner acknowledge and agree that all stormwater plans and modifications contemplated in Section 15.0 herein shall only include the Plan or the Stormwater Outfall and related improvements be completed by the Owner at such time that reasonable conditions of approval are obtained from both the DEP and the Port. 1 15.4 Other Conditions. The Plan and Stormwater Outfall shall be maintained on file at the City's Building Department and shall include documentation demonstrating that the DEP and the Port have perpetually authorized Owner to pump stormwater out of the Stormwater System through the use of the Port's • • •-•• - .. - ance system. Such authority to p i`"t�mp" irough the Port s system shall be demonstrated in a perpetual,recorded easement in a form acceptable to Owner and the City Attorney. Upon issuance of a permit for Stormwater Outfall by DEP, the Owner, subject to Section 15.3, shall be responsible for maintaining the Plan and Stormwater Outfall systems. Owner shall have the Stormwater and Outfall Systems inspected at least annually by a licensed engineer and shall provide the City with a written inspection report following each inspection. 16.0 Approval of Land Use Ordinances Required. Owner understands and agrees that in order for certain portions of the Property to be developed consistent with the uses proposed on the Revised Site Plan, the City's approval and adoption of Comprehensive Plan Amendment Ordinance 02-2008 and Rezoning Ordinance 03-2008 (collectively "Land Use Ordinances") is required. Therefore, the Revised Site Plan shall not become effective unless and until the Land Use Ordinances are adopted by the City Council and become effective in accordance with the requirements of applicable law, including being subject to any appeal or challenge. The City's approval of the Revised Site Plan and this Agreement shall not bind or require the City to adopt the Land Use Ordinances,but the City shall ensure that said ordinances are efficiently processed through the requisite staff review and public hearings. 17.0 Termination. This Agreement shall terminate under the following conditions: 17.1 Upon the expiration of the term as set forth in Section 5.0 herein, this Agreement shall automatically terminate. 17.2 The City shall have the unconditional right, but not obligation, to terminate this Agreement if Owner fails to develop the Property consistent with the schedule set forth in Section 10.0 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in paragraph 34.0 herein. 17.3 If this Agreement is terminated in accordance with this Section 17.0, the City shall record a notice of termination in the public records of Brevard County, Florida. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 8 of 13 • 1 • • 17.4 Upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well,except previously issued and active building permits may continue in effect under the Florida Building Code. 1 18.0 Annual Review & Inspection; Report. The City's Building Official and A Planning&Development Director shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official and Planning & Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Further, the Annual 1 Report shall be presented annually to the City Council at a duly held City Council meeting. 19.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 20.0 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 Property and shall run with title to the same. 21.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. 22.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). 23.0 Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 9 of 13 i 1 k 24.0 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 respect the validity or enforceability of the remainder of this Agreement. 25.0 Recordation. Nc 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. 26.0 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 J shall be deemed to create a joint venture or principal-agent relationship between the parties and 1 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. 1 27.0 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 k right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed i 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 5 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 28.0 City's Police Power. Owner agrees and acknowledges that the City hereby 1 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. 1 29.0 Interpretation. The parties hereby agree and acknowledge that they have both I 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. i 1 30.0 Third-Party Rights. Except for the benefits bestowed upon Solana under i Sections 12.0 and 14.0 herein, 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. 31.0 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 1 obligations may be obtained by a suit in equity. 32.0 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. i 1 DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. n Page 10 of 13 i 1 • • • 33.0 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, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate the Revised 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. 34.0 Default; Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non-defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. 35.0 Force Maieure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("'lime Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to,acts of God,acts of government authority(other than the City's own acts),acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. 36.0 Public Advertising; Costs. Owner agrees that it shall be solely responsible for any and all legal advertisement costs related to the adoption, amendment or termination of this Agreement. [EXECUTION PAGES FOLLOW] DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. Page 11 of 13 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. , y i CITY: City of Cape Canaveral, 1 a Florida municipal corporation. B �» By: Rocky Randels, Mayor ATTEST:t / ✓ � i' By: Mia c oft': ,6494.1125.'.." t .ty Clerk V ., �2 1t d k j7..,,,. .,•,' ,� APPROVED AS TO FORM AND LEGALITY 1 '•W'`- , k4 ; r�,,r! 'e For the use and reliance of the City of Cape Canaveral, ,:!; /24.47_, 411'1'.--:-:i...1.:::3 ri P . Florida only i CI'l '�S'E .7,� 4 : x . Date:• 4 41 A, �!�� x- 16 4e p tr}�o..s.•!..;!..d it..., By: 1 l ,- 9,l, -1, Anthony A. Garganese, City Attorney for 'aY" ,'*A.-4. the City of Cape Canaveral,Florida f STATE OF FLORIDA 1 COUNTY OF BREVARD 1 u The foregoing instrument was acknowledged before me this 1 day of ' M4frl, , 2010, by Rocky Randels and Mia Goforth, well known to me to be the Mayor and Acting 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. 1 i i (NOTARY SEAL) y/u47N-- (Notary Pu is Signature) 1 A o°","t'"k ANGELA M.APPERSON (Print Name) , `4; MY COMMISSION M DD 529013 Notary Public, State of Fier/A...1 k EXPIRES:April 13,2010 '• r,,; +Notary ' '^"°"' Commission No.: DD ,5-2..€16/ 3 I My Commission Expires: y//31 / 0 1 DEVELOPER'S AGREEMENT City of Cape Canaveral/Cape Caribe,Inc. 1, Page 12 of 13 t 1 1 f i I . . i V Signed, sealed and delivered in the OWNER: presence of the foil, -` g witnesses: Cape Caribe, Inc., 7,...,11 a Florida Corporation. Signature of Witness lee b1MKD By. I Printed N e of Witness / act g/L j (J v jY ,, 'S-----------. �`\ (Print Name and Title)Nig10 1 sig„atutowitty Date: III/q /i 1 i-ct44 Derma? Printed Name of Witness 1 1 1 1 i STATE OF V\ \ C0. COUNTY - 9-e.�as-a. The foregoing instrument was acknowled ed before me this 1(\31- day of , 2010, �'izst1a\lt11 as TcCQ Q.S�I„Q.(NA of Cape Caribe, Inc., a Flor da Corporation, on behalf of said company. Ile is perso`l1y k r. o ae or produced as identification. I > 1 i 1 i (NOTARY SEAL) S. - ''....$ mu-t. . (Notary P c Si atu r StLUE JO GENTRY (Print Name) trot NOTARY P C Notary Public,State of f ..N — i STATE OF FLORIDA Commission No :�M' MA. ' "1�t Comm*D . — ooe My Commission Expires: \-7"Ak9 14si. Expires 3/31/214 1 1 DEVELOPER'S AGREEMENT City of Cape Canaveral I Cape Caribe,Inc. Page 13 of 13 f ' , SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY Property Owned by Cape Carlbe, Inc. PORT CANAVERAL POINT OF COMMENCEMENT NOR71 WEST CORNER OF SECVON 14 NOr CORNER GO NMENT LOT 1 ■ N % ORTH UNE OF SECTION 14 �pq�{ �jQR/� r M8V45'dJ 1,307.56' 141 . OF SEarit0I 14 POINT OF BEG/NMNG �O JETTY PARK KBg' !s" war UNEOF-� 1I$ Tl h GOVERNMENT LOT I dN SQ1 34�jfl N.B9.45'4JZ 1,800...W 3f 41 •A OON AH SUBJECT 35.95 PAR ACRES f h'• SA 5 4 'FY c 5.89'45IJw 66278' Vk:4 4M1 : "� 430.11 �j'`K3 044 30'5 '? 'II i • 1 °c ' x-500.73.2 % 49�LC9 q A-27.1.911 } <i 271.757 b' X Ww "Mil ` SOLANA SHORES i SOLANA LAKES a� a w 3892 2' 4,-4�y4� ai n(7,: vz g i. . 1/9:5•191/.8:21 8 Q z - Rg j y N 614 r1 'W p NO Y RIGHT 0 Y 4"• .. v OF ShORESY000 OR .� :N ..13 $ ■ At�7'e� ° S1i0REW000, IAN 95221t i1 :�': A CONDOMINIUM M "Mart ix�awry. $ VILLAGES AT SEAPORT ABBREVIA710NS: N R = RADIUS 0 = DELTA ANGLE il EXHIBIT "A" A = ARC LENGTH SHEET 1 OF 2 CH = CHORD CH. BRG. = CHORD BEARING PREPARED BY A\ � SCALE: 1"- o 40' LLE_ T ngineering Inc.,r y SURVEYORS - ENGINEERS �� aao 500 1000 �I GRAPHIC SCALE : 108 DIXIE LANE (P.O. BOX 321321) $ COCOA BELCH, FLORIDA 32932-1321 cV TELEPHONE: (321)783-7443 FAX: (321)783-5902 0 co CERT1FICA1E OF AUTHORIZA770N 1 LB 266 01 3 SEE SHEET 2 OF 2 FOR DESCRIP770N, t 2. SURVEYOR'S CER17FICA71ON AND SURVEYOR'S NOTES 1 ' I. PREPARED AND CERTIFIED FOR: DATE: 02-24-10 DRAWN BY: KSC CAPE CARIBE, INC. JOB NO. 980129 SCALE: 1"=500' i ■ s , 3 7 i . DESCRIPTION NOT A BOUNDARY SURVEY i Property Owned by Cape Caribe, Inc A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: I Commence at the Northwest corner of said Section 14; thence N894334"E, along the North line of said Section 14, a distance of 2,639.94 feet, to the North 1/4 Corner of sold Section 14; thence N8945'43"E, along said , a distance of 1 11.60 feet to the POINT OF BEGINNING of the herein described parcel, thence continue N89'45'431; along said North line of said Section 14, a distance of 1,30Z56 feet, to Northwest corner of Government Lot 1 of said Section 14; thence S0129'01"E, along the West line of said Government Lot 1, a distance of 260.06 feet; thence N8945'43"E, a distance of 1,800.34 feet; thence $213426"W, o distance of 34.41 feet; thence S2422'25"W, a distance of 222.11 feet; thence 1 S25'07'33V,, a distance of 214.03 feet; thence S2677'25"W, a distance of 40.16 feet; thence N6820'23"W, a distance of 581.68 feet thence S89 46 3W 3" a distance of 435.12 feet thence SOO'1327"E a distance of 271.75 feet thence 4 S8948'06"W, a distance of 161.58 feet, to a point of Intersection with a non-tangent curve, concave Westerly, having a radius of 147.43 feet and a central angle of 4535'53; thence Southerly, along the arc of said curve to the right, a distance of 117.33 feet (said arc subtended by a chord bearing 51958'58"W, a distance of 114.26 feet), to a point of intersection with a non-tangent line; thence S8947'42"W, a distance of 233.42 feet, to a point of intersection with a_ I non-tangent curve, concave Northeasterly, having a radius of 116.07 feet and a central angle of 12709'23; thence Northwesterly, along the arc of said curve to the right, a distance of 24.63 feet (said arc subtended by a chord bearing N36'14'05141, a distance of 24.58 feet), to a point of intersection with a non-tangent curve, concave Southwesterly, having a radius of 63.73 feet and a central angle of 77'45'08"; thence Northwesterly, along the arc of said curve to the left, a distance of 86.49 feet (said arc subtended by a chord bearing N667154"W, a distance of 80.00 feet), to a point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 35,40 feet and a central angle of ( 106'19'44"; thence Northwesterly, along the arc of said curve to the right, o distance of 65.70 feet (said arc subtended by a chord bearing N54 00'44"W, a distance of 56.67 feet), to a polo- :ion with a non-tangent line; thence 1 S89 46 33"W a distance of 31.11 feet, to the Easterly and Southerly right of way of Shorewood Drive a roadway easement 66 feet in width; thence the following 4 courses along the Easterly and Southerly right of way line of said Shorewood Drive: (1) 50129'01'E, a distance of 721.17 feet, (2) S8945'4J W, o distance of 456.45 feet; (3) 50026.53"W, a distance of 102.77 feet; (4) S89 52 21"W, a distance of 603.15 feet, to the west line of those lands owned by Cape Caribe, inc. thence N0129'01'W, along said West line, a distance of 66.02 feetTo the Northerly right of way of said 1 Shorewood Drive; thence the following 6 courses along the Northerly and Westerly right of way line of said Shorewood Drive: (1) N8932'21"E, a distance of 406.67 feet (2) N585612 1, a distance of 200.00 feet (3) N89'45'431; a distance of 380.57 feet to the point of curvature of a curve, concave Northwesterly, having a radius of 3500 feet and a central angle of 91'14'44; (4) Northeasterly, along the arc of said curve to the left, a distance of 55.74 feet, to a i point of tangency, (5) N0129'Ol"W, a distance of 818.09 feet, to the point of curvature of a curve, concave Southwesterly, having a radius of 35.00 feet and a central angle of 8845'16" (6) Northwesterly, along the arc of said curve to the left, a distance of 54.22 feet, to a point of tangency and a point on the North line of Solana Lakes a Condominium; thence S89 45'43"W, along said North line, a distance of 962.78 feet thence NO12901"W, a distance of 66:02 feet; thence 589'45'4,3N a distance of 251.32 feet; thence NO042'17"W, a distance of 50.02 feet, to the POINT OF BEGINNING; Containing 35.95 acres, more or less. SURVEYOR'S NOTES: J. 1. 7NiS IS NOT A SURVEY. 2. The bearings shown are based on a bearing of N89 43'34'E along the north line of Section 14. 3. • Denotes a change in direction (no corner found or set). • SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. • EXHIBIT "A" SHEET 2 OF 2 PREPARED BY: SURVEYOR'S CERTIFICATION: o • LII.1\ I hereby certify that the attached Property Description was prepared o under my direction, in accordance with all applicable requirements of I • the Minimum Technical Standards," for land surve r g in the State of E _• k�� n neer in , Inc. Florida, described In Chapter 61017-6, Florida inistrafi,e ^.•de, co 3 1��, pursuant to Chapter 472.027, Florida Statute. St - a - U a SURVEYORS - ENGINEERS ' E r!''d' / INC N COCOA DIXIE LANE FLORIDA BOX 321321) B COCOA BEACH, FLORIDA 32932-1321 jail/ co • TELEPHONE: (321)783-7443 FAX (321)783-5902 Yf N • ot valid without the signature "OBER , 1 CERTIFICATE OF AUTHORIZA7iON # LB 266 and the original raised seal of a 'OFESSr.A S ON SURVEYOR & Florida licensed surveyor and mapper. iw'APP' 3 FLORIDA R£GISTRA770N No. 4262 2. PREPARED AND CERTIFIED FOR: 1. CAPE CARIBE INC. JOB NO. 980129 I DATE: 02-24-10 i 1 1 i • I SKETCH TO ACCOMPANY DESCRIPTION 3 NOT A BOUNDARY SURVEY TREE CONSERVATION EASEMENT POINT OF COMMENCEMENT N.W. CORNER OF SECTION 14-24-37 N89'43 34 E N.89'45.4.3% N , • = 2,639.94' 11.60' NORTH LINE OF • SECTION 14-24-37 POINT OF BEGINNING NORTH 1/4 CORMS? OF SEC710 14- 4-37 .roN'N / CAPE CARIBE, INC. a 4 SCALE: 1"=000' v; N 89'45'2"E. 69.46 _N.89'45'301'. �� ■� 5451•' • J ^ *�� 15 3��5'42"E. 0 2s ao GRAPHIC too SCALE goo Ds N -, � SUBJECT PARCEL ;#:18< 1\ CONTAINS 0.95 ACRES ± g.66 d� 1•4 05 2 •L3'• N.89'45'411:' 5:89'45'43'W 251.32' '�3'N ii� L5 -44 •_ ABBREVIATIONS 00 �C7,' F R= RADIUS N� CB D= DELTA ANGLE ^ •---�)2I0•�� A=ARC LENG7N Z S89'45'43"W 199.93' •� SOLANA LAKES CURVE TABLE UNE TABLE L1 1.2 R=34.5Q' R=4.50' R=64.50' S.00'14'07% 5.00'1475% D=90'00 01" D=43'40'27" D=82'54 11 9.67' . A=54.19' A=33.90' A=93.33' EXHIBIT " C4 C5 C8 N.89-45'43%9.4543E S.00:51'27%051 B" 27E =4.50' R=4.50' R=15.00' 18.91' 15.55' SHEET 1 OF 2 0=4628'22" D=90.00 00" D-33'17.33" A=36.56' A=7.07' A=&72' 14 L6 W. N.89'45 43%. N.00'14'17' : PREPARED BY: C7 CB 09 91.00' 75.50' 3 R34.50' R=50.00' R=82.00' LLE.IY 250 " 2 22 69' 0 A a " S.5�8'09'W. S89Y S,, ngnee)ring, Inc. SO '14'17E. N.89'4543'E. 35.00' 50.67' y VI. L11 SURVEYORS - BNGINEERS S.00'14'17% o 108 DIXIE LANE (P.O. BOX 321321) 0.75' I N w COCOA BEACH, FLORIDA 32932-1321 TELEPHONE (321)733-7443 FAX (921)783-5902 rn CER71F7CATE OF AUTHORIZATION # LB 266 3 SEE SHEET 2 OF 2 FOR DESCRIP770N, 2. SURVEYOR'S CERTIFICATION AND SURVEYOR'S NOTES. 1. PREPARED AND CERTIFIED FOR: i DATE: 02-24-10 DRAWN BY: KSC CAPE CARIB& INC. JOB Na 980129 SCALE 1".-100' . i } 1 Y i DESCRIPTION • NOT A BOUNDARY SURVEY TREE CONSERVATION EASEMENT An easement to be used for tree conservation purposes only, lying in Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the Northwest corner of sold Section 14; thence N89'43'34"E, along the North line of said Section 14, a distance of 2639.94 feet, to the North 1/4 corner of said Section 14; thence N8945'43'E, along the North line of said Section 14, a distance of 11.60 feet, to the Northwest corner of the Cope Caribe, Inc. property, thence SOD 42'17"E, along 1, the West line of said property, a distance of 291.27 feet to the POINT OF BEGINNING of the herein described easement thence N8945'52"E, a distance of 69.46 feet; thence S0074'07E, a distance of 9.67 feet; thence N89'45'30"E, a distance of 54.51 feet; thence 50074'15"E, a distance of 825 feet to a point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 34.50 feet and a central angle of 90'00'01"; thence Southeasterly, along the arc of said curve to the left, a distance of 54.19 feet (said arc subtended by a chord bearing S4574'17"E a distance of 48.79 feet), to a point of tangency, thence N8945'42 E, a distance of 15.31 feet; thence S0074'17"E, a distance of 106.00 feet thence N8945'43"E, a distance of 1891 feet, to the point of curvature of a curve, concave Southwesterly, having a radius of 4.50 feet and a central angle of 71'54'44"; thence Southeasterly, along the arc of said curve to the right, o distance of 5.65 feet, to a point of intersection with a non-tangent curve, concave Northeasterly, having a radius of 64.50 feet and a central angle of 8254'11'; thence Southeasterly, along the arc of said curve to the left, a distance of 93.33 feet (said arc subtended by a chord bearing 559'46'40"E, a distance of 85.40 feet), to a point of reverse curvature with a curve, concave Southwesterly, having a radius of 4.50 feet and a central angle of 11642107; thence Southeasterly, along the arc of said curve to the right, a distance of 9.17 feet, to a point of intersection with a non-tangent line; thence S005127"E, a distance of 15.55 feet; thence N894S'43"E, a distance of 91.00 feet; thence N0074'17"W, a distance of 1550 feet to the point of curvature of a curve, concave Southeasterly, having a radius of ? 4.50 feet and a central angle of 90'00'00"; thence Northeasterly, along the arc of said curve to the right, a distance of 7.07 feet, to a point of intersection with a non-tangent line; thence N8945'41"E, a distance of 2.33 feet, to o point of intersection with a non-tangent curve, concave Southwesterly, having a radius of 34.50 feet and a central angle of 564226, thence Southeasterly, along the arc of said curve to the right, a distance of 34.15 feet (said arc subtended by a chord bearing 55153'04"E, a distance of 32.77 feet), to a point of intersection with a line radial to said curve; thence 55628'09"W, a distance of 14.07 feet, to a point of intersection with a non-tangent curve, concave Northerly having a A radius of 15.00 feet and a central angle of 33'17'33"; thence Westerly, along the arc of said curve to the right, a distance of 8.72 feet (said arc subtended by a chord bearing 5730656"W, a distance of 8.59 feet), to a point of tangency, thence S89 45'43"W, o distance of 50.67 feet; thence S0074'17"E, a distance of 35.00 feet; thence N89 45'43"E, a distance of 5067 feet to the point of curvature of a curve, concave Northerly, having a radius of 50.00 ; feet and a central angle of 25'44'29; thence Easterly, along the arc of said curve to the left, a distance of 2246 feet, to a point of intersection with a non-tangent curve, concave Northerly, having a radius of 82.00 feet and a central angle of 31'40'16; thence Easterly, along the arc of said curve to the left, a distance of 45.33 feet (said arc subtended by a chord bearing S7424'09 E, a distance of 44,75 feet), to a point of intersection with a line radial to said curve; thence i S00'14'17 E, a distance of 0.75 feet, to the southerly line of said property, thence the following 3 courses along said southerly line: (1) S8945'43"W a distance of 19293 feet (2) NO129'01"W a distance of 66.02 feet; (3) S89 4543"W, a distance of 251.32 feet to the Southwest corner of said property, thence NOD42'17"W, along the West line of said property, o distance of 208.75 feet, to the POINT OF BEGINNING; Containing 0.95 acres, more or less. 1 SURVEYOR'S NOTES: # 1. THIS IS NOT A SURVEY. 2. The bearings shown are based on a bearing of N89'43'34"E along the North line of Section 14. 3. • Denotes a change in direction (no corner found or set). EXHIBIT "B" SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. SHEET 2 OF 2 PREPARED BY: SURVEYOR'S CERTIFICATION: o m F•I I hereby certify that the attached Property Description was prepared r under my direction, in accordance with all applicable requirements of -e the "Minimum Technical Standards," for land surve 'ngg in the State of h i� ngineering Inc Florida, described in Chapter 61G17-6, Florida ■ inlstrati,- Code, 1 \ , pursuant to Chapter 472.027, Florida Statute,. J o SURVEYORS ENGINEERS AL 4' G INC. ' 106 DIXIE LANE (P.O. BOX 321321) �%/ // COCOA BEACH, FLORIDA 32932-1321 r4 TELEPHONE: (321)783-7443 FAX: (321)783-5902 Not valid without the signature !Y "O ��:ACMON ; CERTIFICATE OF AUTHORIZATION # LB 266 and the original raised seal of a 'ROPESSI�(a+G' SURVEYOR & � Florida licensed surveyor and mapper. M. "ER ( 3. FLORIDA R GiSTRAT/ON No. 4262 2. PREPARED AND CERTIFIED FOR: ) 1. CAPE CAR/BE, INC. JOB NO. 980129 I DATE 02-24-10 a 4 t 1 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law ` Debra S.Babb-Nutcher° Offices in Orlando, Tara L.Barrett Joseph E.Butch Ft.Lauderdale&Tampa Vivian P.Cocotas Usher L.Brown' Robin Gibson Drage 1 Suzanne D'Agresta° Gregg A.Johnson Anthony A.Garganese° Kimberly R.Kopp William E.Reischmann,Jr. Katherine W.Latorre° J.W.Taylor Bridgette M.Miller I Jeffrey S.Weiss Alfred Truesdell 'Board Certified Civil Trial Lawyer Gary M.Glassman Erin J.O'Leary' I °Board Certified City,County&Local Government Law Amy J.Pitsch 'Board Certified Appellate Practice Catherine D.Reischmann° i Of Counsel April 27,2010 x - 1 Mr.John Grandlich Cape Caribe,Inc. `; 1000 Shorewood Drive,Suite 200 § Cape Canaveral,FL 32920 I RP: Cape Caribe Development Agreement a Dear John: As you know,on March 2,2010,the Cape Canaveral City Council approved the comprehensive plan amendment and rezoning ordinances("Land Use Ordinances"),as well as the Revised Site Plan and associated Development Agreement for the Ron Jon Cape Caribe Resort expansion. Section 4.0 of the Development Agreement provides that the Agreement will become effective upon the Land Use Ordinances and Revised } Site Plan becoming effective;upon the expiration of any and all appeal periods for challenging the Revised Site Plan;and upon recordation of the Development Agreement in the public records of Brevard County. 1 i To date, I am not aware of any appeals being filed challenging the adoption of the Land Use Ordinances or the Revised Site Plan. Further,the appeal periods in which to file such challenges provided t under Florida law have expired. The Development Agreement was recorded in Brevard County Official Record Book 6152,Page 2042 on April 22,2010. Thus,the effective date of the Development Agreement is April 22,2010. I have enclosed a copy of the fully executed and recorded Development Agreement herein for your records. Please contact me if you have any questions regarding this information. Sincerely, I Kate Latorre, Cape Canaveral Assistant City Attorney Cc: Angela Apperson,Acting City Manager Barry Brown,Planning and Development Director 1 111 N.Orange Ave,Suite 2000•P.O.Box 2873•Orlando,Florida 32802-2873 I Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa (866)425-9566•Ft.Lauderdale(954)670-1979 i Website:www.orlandolaw.net•Email:firm@orlandolaw.net 1 1