HomeMy WebLinkAboutCasa Canaveral Mod to Binding Dev. Agrmt. 2013 CFN 2013218549,OR BK 6982 PAGE 1524,
Recorded 10/04/2013 at 08:19 AM,Scott Ellis,Clerk of Courts,
Brevard County
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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
Orlando,FL 32802
(407)425-9566
FOR RECORDING DEPARTMENT USE ONLY
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CASA CANAVERAL
5 MODIFICATION TO
BINDING DEVELOPER'S AGREEMENT
II
THIS MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
("Modification") is made by and between the CITY OF CAPE CANAVERAL, a Florida
municipal corporation ("City"), whose principal address is 105 Polk Avenue, Cape Canaveral,
Florida 32920, and PUERTO DEL RIO, L.L.C., INC., a Florida limited liability company
("Owner"), whose principal address is 750 North Atlantic Avenue, Suite 1209, Cocoa Beach,
Florida 32931.
1 WITNESSETH:
WHEREAS, the City and Owner entered into a Binding Development Agreement on
June 30, 2011, recorded in Brevard County Official Record Book 6418, Page 2633
("Agreement"), related to Owner's development of an assisted living facility on Owner's
property("the ALF Property"); and
WHEREAS, the City and Owner desire to modify the Agreement to memorialize
Owner's obligation to formally revise the approved site plan for the ALF Property prior to the
City's issuance of any building permits for the development; 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 modified development of the ALF 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:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by this reference.
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MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
1 City of Cape Canaveral/Puerto Del Rio,L.L.C.
Page I of3
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2.0 Revision to ALF Site Plan. Owner agrees that prior to the City's issuance of any
building permits to develop the ALF Property that the ALF Site Plan, which was approved by the
City Council on June 21, 2011, is required to be amended to remove eight (8) units from the
northwest corner of the building and to add landscape islands to the parking areas consistent with
the requirements of the City Code. Owner's application to revise the ALF Site Plan shall be
submitted, reviewed and processed pursuant to the City's standard requirements and procedures
established by the City Code.
3.0 Other provisions. Any provision of the Agreement not expressly modified by
this Modification shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the
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dates indicated below.
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CITY:
9: 4Ar!4v, j,
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City of Cape Canaveral,
a Florida municipal corporation. 1
1 By:e '''C'Cd\2••‘ QCo■*494Q0L.
Rocky Randels, Mayor
■ � r , . �3 �- Date: 9-26-2013
ATTEST: "'`+∎...0,".,.�"„
By:
Ang a Apperson, ity Clerk
APPROVED AS TO FORM AND LEGALITY
For the use and reliance of the City of Cape Canaveral,
Florida only.
CITY SEAL
By:
Anthony A. Garganese, City Attorney for
the City of Cape Canaveral, Florida
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 26th day of
September , 2013, by Rocky Randels and Angela Apperson, well known to me to be the
Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me
that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true
act and deed, and that they were duly authorized to do so.
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MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
City of Cape Canaveral/Puerto Del Rio,L.L.C.
Page 2 of 3
1 OTA Y
I ���w MIA 60FORTH (Notary Signature)
i '"-V'yt Notary Public-State of Raids �j,'c_ 67eTo,—
al;tort� !4 My Comm.Expires May 16,2017 (Print Name)
il y _ ' Commission s EE ee613 Notary Public, State of �L�`i r12
.,�,r UMW Woad Notary AM.
Commission No f164,9-99
My Commission Expires: ,�/7•a�. ,4, lei 7
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Signed, sealed and delivered in the OWNER:
presence of the following witnesses:
t Puerto Del Rio,L.L.C.,
, a Florida limited liability compan,
Si ture of Witness By: D Paul.L , its 'anaging memb-r.
70c1 Lots'.Fszii /
Printed Name of Witness ,"
D3Itiy P. Ri>Egdahl, M:n, f •r
. _.
1. 10, . V
Signature of Witness Date: 9-25-2013
I 34_4..scar L. C.11. 1)0,
Printed Name of Witness
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STATE OF FE o - cc
COUNTY OF 1. -evard
The foregoing instrument was acknowledged before me this Zs-t-i day of
q~i;Plrmbef" , 2013, by Danny P. Ringdahl, as Manager of D Paul LLC, managing member of
Puerto Del Rio, L.L.C., a Florida limited liability company. He is personally known to me or
I produced as identification.
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(NOTARY SEAL) -.Min .. .11r, (--
(Notary Public Signature)
�V scur-) L , C✓ c2_e ")Orl
1 y p (Print Name)
. .. .¢t, SUSANSSlO APMAN Notary Public, State of F=■o r l cl ex_
* * PAY C COMMISSION 2017 Commission No.:
EXPIRES:March 23,2017
�' oF�rre eaaidTleuBudasiNol ySates My Commission Expires:
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MODIFICATION TO BINDING DEVELOPER'S AGREEMENT
City of Cape Canaveral/Puerto Del Rio,L.L.C.
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