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HomeMy WebLinkAboutAgrmts relevant to Shorewood Dr./Report regarding P&Z Mtg of 9-22-04i 1 1 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. IAttorney at Law i 1 Usher L.Brown' Offices in Orlando,Kissimmee, Debra S.Babb-Nutcher° Jeffrey P.Buak° Cocoa&Viera Joseph E.Blitch Suzanne D'Agresta° Victoria L.Cecil Anthony A.Garganese° Lisa M.Fletcher John H.Ward• Amy J.Goddard Jeffrey S.Weiss Katherine Latorre f Erin J.O'Leary 'Board Certified Civil Trial Lawyer J. W.Taylor °Board Certified City,County&Local Govemment Law Of Counsel I i i March 1, 2005 1 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 i Re: Oak Park Condominium Site Plan Approval/Perjurious Testimony 3 i 1 Dear Bennett: 1 Please find enclosed,the agreements relevant to access to Shorewood Drive, a private road, for your records. Relevant excerpts of these agreements are attached to the report my office provided regarding the above referenced issue. 1 i Please contact my office should you have any questions regarding this matter. I I Sincerely, IKaitaf-,--Q-- Kate Latorre i Assistant City Attorney 1 i 4 1 i I i 1 225 East Robinson Street,Suite 660•P.O.Box 2873•Orlando, Florida 32802-2873 1 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 4 Website:www.orlandolaw.net•Email:firm @orlandolaw.net 1 x r E i i 1 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. > > Attorney at Law l Usher L.Brown' Offices in Orlando,Kissimmee, Debra S.Babb-Nutcher° Jeffrey P.Buak° Cocoa&Viera Joseph E.Blitch Suzanne D'Agresta° Victoria L.Cecil Anthony A.Garganese° Lisa M.Fletcher John H.Ward' Amy J.Goddard Jeffrey S.Weiss Katherine Latorre Erin J.O'Leary 'Board Certified Civil Trial Lawyer J. W.Taylor °Board Certified City,County&Local Government Law Of Counsel March 1, 2005 VIA HAND DELIVERY 1 Planning and Zoning Board City of Cape Canaveral 105 Polk Avenue 1 Cape Canaveral, FL 32920 Re: Oak Park Condominium Site Plan Approval / Perjurious Testimony City of Cape Canaveral — General Zoning Our File No 513-008 i Dear Madam Chair and Members of the Board: 1 Please allow this correspondence to address the Planning and Zoning Board's concerns regarding its site plan approval of the Oak Park Condominium project generally located on North Atlantic Avenue and Shorewood Drive. Specifically,this correspondence j shall address the legal effect of and remedies for the allegedly perjurious testimony of j William "Dude" Braselton, Vice President of Oak Park of Brevard, Inc., at the September 22, 2004 Planning and Zoning Board meeting. 1 I. Background The crux of this issue revolves around whether Mr. Braselton ever sought consent from Coastal Fuels for the purpose of gaining ingress and egress to and from Oak Park via Shorewood Drive, a private road. The Planning and Zoning Board has expressed its traffic flow concerns with regard to Oak Park having a curb cut on North Atlantic since the inception of this site plan review. The site plan for Oak Park Condominiums was considered by the Planning and Zoning Board at its August 25, 2004 meeting, at which City Planner Todd Peetz 1 commented that throughout the site plan review process, city staff has requested that the 1 applicant work with Towne Realty and Villages of Seaport for access to Shorewood Drive. City Manager, Bennett Boucher, provided that Towne Realty and Coastal Fuels owned Shorewood Drive and that no part involved with the Oak Park project had approached Towne Realty for the purpose of gaining access to Shorewood Drive. Mr. Braselton I I A I i I 1 1 1 testified that he had contacted Tom Downs, developer of Villages of Seaport and Craig Smith, representative for Coastal Fuels, regarding access to Shorewood Drive, but they were not interested in negotiating shared access. Likewise, Mr. Braselton's attorney commented that Coastal Fuels had flat out refused to work with Oak Park, and that further discussions were fruitless. Despite Mr. Braselton's representations that he had made an effort to contact the parties controlling access to Shorewood Drive, the Planning and Zoning Board moved to table consideration of the site plan for two weeks to give Mr. Braselton time to negotiate with the Shorewood Drive property owners. 1 At the September 22, 2004 meeting, the Oak Park site plan was once again considered by the Planning and Zoning Board. At this meeting, Mr. Braselton testified, under oath to the following: "I did contact the two property owners that we had spoken of last time. I talked to Mr. Craig Smith of Coastal Fuels on August 31st and l talked to Mr. Kohn Bennett from Towne Realty and Benko on September 14th. I have a signed affidavit that I'll enter into the record showing that both those tasks were completed." I Mr. Braselton did submit for the record a signed and notarized affidavit attesting to the above information. Mr. Braselton next explained to the Planning and Zoning Board that no agreement could be reached with the Shorewood Drive property owners due to additional terms and conditions being imposed upon him by the property owners. When pressed by the Board for the details of the terms and conditions, Mr. Braselton's answers were vague. Excerpts from his relevant testimony follow: `The two parties, Coastal Fuels and Towne Realty, who 1 talked to, they are I going to add additional conditions onto obtaining access onto Shorewood, as well as a request for compensation. And as such, the request of the Board to pursue -- that is really beyond the scope of any of the ordinances of the City, and at this time we would like to request just a motion for approval." I ' * * * I "The conditions entail parties beyond only Coastal Fuels and Towne Realty Ias well as compensation for access onto the road." * * * "Like I said there are additional conditions which those parties will impose onto us which are inequitable and beyond something we feel we can satisfy" ii I * * * 4 1 2 225 East Robinson Street,Suite 660• P.O.Box 2873•Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596• Kissimmee(321)402-0144• Cocoa&Viera(866)425-9566 1 Website:www.orlandolaw.net• Email:firm @orlandolaw.net i ) ) i 1 >s 1 `The trouble is, is if the list of people involved in an action grows, if l'm negotiating, you know, with one person, you got one point of contact,you've got one set of conditions, you've got one set of people you're trying to satisfy, but as the number of people you've got related to one item in an action grows, it becomes expeditiously difficult to satisfy them and it also becomes increasingly difficult to even know what they all want or align all their interests together" , i After much discussion, the Planning and Zoning Board moved to approve the site plan for the Oak Park Condominiums with the condition that ingress and egress be limited 1 to a right in, right out traffic pattern on North Atlantic Avenue. The motion passed three votes to two. I 1 During an unrelated agenda item at its January 12, 2005 meeting, the Planning and Zoning Board questioned Craig Smith of Coastal Fuels regarding his discussion with Mr. Braselton and the issue regarding access to Shorewood Drive. Mr. Smith indicated that he never spoke with Mr. Braselton, contrary to Mr. Braselton's testimony at the September 22, I 2004 meeting. 1 II. Issue The Planning and Zoning Board has now inquired as to the effect of Mr. Braselton's I allegedly perjurious testimony. Specifically, what is the Planning and Zoning Board's remedy for relying on false or misleading testimony with respect to its approval of the Oak Park Condominiums'? Ill. Short Answer There is no foolproof evidence that Mr. Braselton committed perjury on September 22, 2004. As the matter stands, it is currently his word against Craig Smith's of Coastal Fuels. It is also important to consider that much, although not all, of what Mr. Braselton testified to has been corroborated by Kohn Bennett of Towne Realty as being true. Proving I that perjury took place will be extremely difficult to prove in order for the City to gain some sort of meaningful remedy. 1 Assuming, Mr. Braselton did perjure himself, such perjury was, indeed, material to the issues before the Planning and Zoning Board; however, there is currently no explicit legal support for revocation of the site plan approval. Furthermore, if the City were to I attempt such revocation, it is likely this action will lead to additional, more complicated legal issues, including presenting a novel quasi-judicial case of first impression to the courts 1 based on principles of equity. i IV. Legal Analysis Section 837.02, Florida Statutes, relating to "perjury in an official proceeding," 3 225 East Robinson Street,Suite 660• P.O.Box 2873• Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596• Kissimmee(321)402-0144• Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net• Email:firm @orlandolaw.net 1 py E ` qq 1 1 provides that perjury occurs when a person makes a false statement,which he or she does not believe to be true, under oath in an official preceding, in regard to any material matter. Such perjury constitutes a felony in the third degree. 4 Thus, the instant question becomes two-fold: A. Did Mr. Braselton perjure himself during his September 22, 2004 testimony? B. If yes, was his perjurious testimony material to the issues before the Planning and Zoning Board'? 1 A. Did Mr. Braselton Commit Perjury? Whether or not Mr. Braselton perjured himself in front of the Planning and Zoning Board, as it stands right now, is a matter of"he said/he said." Mr. Braselton testified that he spoke with Craig Smith of Coastal Fuels on August 31, 2004 regarding gaining access to Shorewood Drive,while Mr. Smith denies such conversation ever taking place. There is no way to truly prove who is telling the truth, one way or the other. Mr. Braselton could have knowingly misled the Planning and Zoning Board; Mr. Smith simply may not recall speaking to Mr. Braselton; or Mr. Braselton may be mistaken as to the individual he spoke with at Coastal Fuels. There is really no way to know for sure. 1 Several calls over recent weeks to Craig Smith have gone unanswered. I have, however, been able to confirm that Mr. Braselton spoke with Kohn Bennett of Towne Realty, as Mr. Braselton represented to the Planning and Zoning Board during his testimony and in his signed affidavit. Mr. Bennett was kind enough to confirm that he met with Mr. Braselton on September 14, 2004, and to recount the details of their meeting. Mr. Bennett confirmed that he informed Mr. Braselton that Towne Realty maintained ownership over a portion of Shorewood Drive and had an access easement for the remainder of the road. In addition, Mr. Bennett explained that the Canaveral Port Authority maintained ownership over a portion of the road and that the Port Authority would have to be party to any agreement regarding access to Shorewood Drive. Specifically, Towne Realty is party to an agreement entered into March 5, 1999,and recorded at Official Record Book 4034, Page 0589, Brevard County, under the terms of which Towne Realty and other developers paid to the Port Authority nearly $750,000 for the design and construction of Shorewood Drive. (See Exhibit A). Towne Realty was also party to an easement agreement dated March 15, 1999, and recorded at Official Record j Book 3980, Page 1998, Brevard County,which explicitly requires Towne Realty to exercise a good faith effort to obtain, as a condition of allowing ingress and/or egress to/from other lands on Shorewood Drive (e.g. Oak Park Condominiums), reimbursement for all of the development and construction costs incurred by the parties to the easement agreement. (See Exhibit B).1 'Excerpts from the relevant pages of the agreements are attached to this letter. The agreements in their 4 1 225 East Robinson Street,Suite 660• P.O.Box 2873•Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596• Kissimmee(321)402-0144 •Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net• Email:firm @orlandolaw.net I 1 1 I 1 The information provided by Kohn Bennett corroborates Mr. Braselton's testimony to the Planning and Zoning Board on September 22, 2004 quoted herein indicating that an additional party would have to be brought into any access agreement. Additionally, Mr. j Braselton's claim that monetary consideration would have to be granted to the other parties involved in order to gain that access to Shorewood Drive proves to be true as well. Apparently,these are the details Mr. Braselton alluded to during his testimony, but refused to clarify. But vagueness alone does not show that Mr. Braselton was at all dishonest or purposefully misleading in his testimony. Indeed,the fact that the majority of his testimony proved to be accurate and truthful tends to lead to the opposite conclusion. B. Was the Perjury Material to Mr. Braselton's Testimony? Assuming Mr. Braselton did perjure himself,the next determination must be whether such perjury was material to the issues before the Planning and Zoning Board. A matter is "material"within the meaning of the perjury statute if it has the mere potential to affect the resolution of the issue before the tribunal. Kline v. State, 444 So. 2d 1102 (Fla. 1984). Section 110-222, Cape Canaveral Code, requires that applicants for site plan review I provide a "traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes." Because the City's ordinance requires information related to traffic flow, whether or not Mr. Braselton sufficiently sought access to Shorewood Drive in order to provide a safer traffic pattern becomes material to whether the Planning and Zoning Board approved or denied the Oak Park Condominium Site Plan. Even though a determination of materiality can be established, it remains unclear whether or not perjury actually occurred. Additionally,despite significant time expended on legal research, we could not find any explicit legal authority that would allow the City to revoke its approval of the site plan based on false or misleading information. Any legal attempt by the City to revoke the site plan would have to be made on principles of equity and proving Mr. Braselton perjured himself in order to obtain the rights granted under the site plan permit. Although we believe that under the right circumstances a strong case can I be made for revoking a site plan permit that was obtained by perjurious testimony of an applicant at a quasi-judicial hearing, this is likely not the case given the facts known today. V. Future Courses of Action It is worth noting two steps the City can take to improve its position should another situation such as this occur: (A)entering into an interlocal agreement with Brevard County regarding curb cut permits; and (B)amending the City's code authorizing revocation of site plan approval if based on false or misleading testimony. i 4 1 1 i 1 entirety have been forwarded, under separate cover, to the City Manager for the City's files. 5 225 East Robinson Street,Suite 660• P.O.Box 2873•Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596• Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net• Email:firm @orlandolaw.net 1 1 1 I 4 I I v ,4 j A. Interlocal Agreement I Prior to the City's site plan approval, Mr. Braselton was already in possession of a 1 curb cut permit issued by Brevard County for access to North Atlantic Avenue. The permit was issued on February 8, 2004 and Mr. Braselton obviously relied on that curb cut permit to design the Oak Park project. This permit put the Planning and Zoning Board in a difficult position during the site plan process. The City may want to consider proposing an interlocal agreement with Brevard County in order to prevent issuance of such permits prior to the City's site plan approval process. The City would then be in a better position to require ingress/egress points on county roads more to the City's liking. I B. Amending City Code ` The City Code provides in section 110-171 for the temporary suspension or permanent revocation of special exceptions granted to establishments serving alcoholic 1. beverages if it is determined by competent, substantial evidence that the special exception was granted based on false statements, fraud, deceit, misleading statements, or the suppression of material facts. The City may wish to add a similar section to Chapter 110 applicable to all land use decisions so that the City has the explicit authority to revoke or suspend site plans and other land use decisions if and when presented with the current or similar circumstances. S i 1 V. Conclusion i I Based on the information presented herein, there is simply no clear and convincing evidence showing whether or not Mr. Braselton's sworn testimony at the September 22, 2004 Planning and Zoning Meeting constituted perjury. Therefore, the City would not be justified in pulling its previous approval of the Oak Park Condominium site plan, related permits or issuing stop-work orders on development of the same. Should any additional information or evidence come to light, the City may reconsider this issue. Please contact my office should you require further information regarding this matter. I will keep the City Manager informed regarding any new information or evidence the City may want to consider. Very Truly Yours, Kate Latorre Assistant City Attorney 1 I Cc: Mayor and City Council Bennett Boucher, City Manager Anthony A. Garganese, City Attorney i; 6 I 225 East Robinson Street,Suite 660• P.O.Box 2873•Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596• Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net• Email:firm @orlandolaw.net 1 I i 1 i 1 i Enclosures 1 { 1 1 1 4 I 1 ,r 4 1 1 1 i 4 1 I 1 .8 1 1 I i 1 t 1 i i 4 i i 1 1 I 1 i 1 i 5, i i I i R i i i I I 1 i a 7 i 225 East Robinson Street,Suite 660• P.O.Box 2873• Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596• Kissimmee(321)402-0144 •Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net• Email:firm @orlandolaw.net 1 i 1 uZ/1 4/us 14:28 FAX 414 27' '710 Y&M/ZTLDER/TOWNE 0005 0 . , III11IMlfti III cm 99133297 ' • �a eooteener 4034 ! 0590 • construct a North-South connector, which will connect Jetty Drive to the south I boundary of The Road(or the road to be constructed) as shown on Exhibit"C". ii within two yews from the date of this Agreement. The Developer acd Ruffin shall be allowed to use the North-South connector and retty Drive for insgress and egress • ' to their properties temporarily until such time as The Road is completed. The Port -.Authority.-agrees to provide a. second. access point to the west of.the.Initial Connection Point,show on Exhibit'D",on remaining Ruffin land at a location to , be mutually agreed upon by the parties hereto(the"SeeandComaeed=Paint".The - • .Port Authority.shall-initially pay for all design and construction coats of The Road • and other coats to compete The Road. In addition,the Port Authority will install a • • 4 twelve (12) inch diameter water main in The Road. Altar construction the Port Authorityaill transfer the water twain to the City of Cocoa. The Port Authority will - -grant DevelaperandRuffinan•easementatthelaitialConneodonPointor thoSecond Connection Point or such locations as may be mutually agreed by'the pasties, provided that the cormection is part of a loop system which extends south ree through t Developer Lands and connects to the existing City of Cocoa watermain in the North Atlantic Avenue Corridor. Developer and Ruffin shall be responsible for obtaining the right to connect with the water main in The Read from the City of Cocoa at their expense once the City of Cocoa determines that there will be no detrimental effects to water service at the Port. • It is agreed by the patties hereto that Port Authority shall have the right to install any and all necessary ttar&control at the Initial Conaectiorn Point at such time that such traffic control is deemed necessary by Port Authority. The cost of installing such traffic control shall be shared fifty percent by Port Authority and fifty percent by Developer and Ruffin 3. )7esigrt and Consinotjn Coda of e K43d, Within tea(10) days ofnoticc from ' • Port Authority to Developer and Ruffin that The Road has been completed and Is available for use by the Developer and Ruffin, Developer and Ruffin shall be obligated to pay$742,000.00 to Port Authority as a contribution towards the design. 47 construction and other costs of The Road. TheDcvcleper'e and Ruffin's obligation _7i4 to pay the cost reimbursement to the Port Authorityof$742,000.00 shall be secured by the pasting by Developer of a bond in the amount of S'742,000.00,subject to the • approval of the Port Authority as to the form of the bond and the bonding oompany. Such bond shall be issued by Developer and its bonding company no later than thirty - (30) days after execution of this agreement. 'Untilpayment of the 5742,000.00 by Developer and Ruffin to Part Authority, Developer and Ruffin shall not have any right to use the The Road and the Port Authority shall havd any and all rights to barricade and block access to The Road. It shall be the responsibility of the Port • Authority to maintain The Road at its cost. 1 4. Ito a wavjxtd'Utility Easements. Upon the completion of construction and payment 1 I Z , I WI 1 C000 NH / OHN3e tt9C t81 TZC Xdd TT:ST SOOZ/80/Z0 £ • • -V•d 3S3NV9dV9 9 SSI3M NVWZIVS NM0218 : uoL4el5 xe3 Wd60:E 500E 80 tad : xe3 palaaaaa / .J • named as an additional Insured as its interest appear under the general liability policy of the constructing party with respect to such work. (d) Ail work performed by the constructing party shall be the subject of performance and payment bonds in the estimated amount of the cost of said work, which bonds shall name the rion•constructing party as an obligee thereunder; provided, however, that if the constructing party is one of the GRANTEES,then TWINE may,in lieu of such bond,furnish to GRANTOR a guaranty of the performance and payment for said work In a form mutually agreeable to the GRANTOR and TowNE, and in the event that the GRANTOR is the constructing party, then the GRANTOR may, instead of bonding his construction work, furnish the GRANTEE with a guaranty comparable In form to the guaranty to be provided by ToWNE. • 13. Dedication of the Roadways and/or UnuTIss: Private Easement Area The GRANTEES shall have the option, in their sole discretion,to dedicate the roadways within the E)vsnNo EASEMENT AREA and NEW EASEMENT AREA to the CiTY. The GRANTOR hereby agrees to join in any such dedication to the CITY so long as the City does not place any condition on such dedication which would prevent the GRA•roR!s adjacent lands from having access to and usage of such roadways. Gi wroR's dedication shall indude the landiord's fee Interest In the ExismNG EAsEmExr AREA and NEw EASEMENT AREA If required by the CrrY. To the extent that the GRANTEES desire to dedicate any of the Unuh7ES to third parties, the GRANTOR agrees to join in such dedication. In the event that the roadways referred to above in this Paragraph 13 have not been dedicated by the GRANrEEs,and in order to develop the GRANrma's adjoining lands,dedication of such roadways is required by the City, then GRANTOR shall be entitled, at his sole option, to dedicate such roadways, and GRANTEEs hereby agree to join in such dedication. The easements, licenses, rights and privileges established, created and granted by the provisions of this FOURTH AMENDMENT shall be for the benefit of and restricted solely to the GRANTOR and the GRANTEES and the other parties referred to in Paragraph 14 hereof. This FOURTH AMENDMENT is not intended to create, nor shall it be construed as creating,any rights in and for the benefit of the general public or any rights in or to any portion of the DEVELOPMENT PARCEL or the other easement areas or lands described herein, including the GRANTOR'S adjacent lands, except as expressly set forth herein. In the event that any of the owners(or the City on their behalf)of the lands to the south of the Shorewood Condominium Project, the Development Parcel or the lands presently owned by the GRANTOR, seek'ingress and/or egress for themselves end/or their properties over the roadways referred to in this Paragraph 13, then the GRANTEES and the GRRshall exercise mutual good faith efforts to obtain, as a condition of allowi • such • ass and/or ••ress, reimbursement for all of the development and r con . ction costs Inc •i • - • va ues) incurre• by GRANTOR an• RANTEES " respect to such .•.=,•I,,: ,,t-•••. ,,,- , ch •Tess and egress is granted and obtained. 'G' • ElNToR shall receive thirty percent(30%)of s - Term• rsemen an• s s - I receive seventy percent(70%)of such reimbursement. 14. Benefit. This FOURTH AMETioruarr shall be binding upon and inure to the benefit of the parties hereto, their heirs, estates, personal representatives, trustees, successors and assigns. This FOURTH AMENDMENT shall be binding upon and inure to the benefit of all persons, parties and entities acquiring any interest in or to the DEVELOPMENT PARCEL, including but not limited to their guests, business Invitees, condominium unit owners and condominium associations. 15. Construction. This FOURTH AMENDMENT has been entered into by parties • of equal bargaining power and business acumen,and all parties have been represented by counsel. in construing the meaning of this FOURTH AMENDMENT,both parties shall be deemed to have drafted this Fount'AMENDMENT,and no rule of favorable Interpretation to one party over the other shall be employed except that this FOURTH AMENDMENT shall be construed liberally in favor of the parties hereto to enable the GRANTEES to carry out their development plans with respect to the DEVELOPMENT PARCEL and to enable the GRANTOR to carry out his development plans with respect to his adjoining lands. Page 5 of 15 Pages IlIllIflhli l; I OIHIIIIIIU cm:900511W i an eomwip.: 3980 / 2002 j (gee NH / 01IN3S pI7 9C 691 TZC XYd SI:ST SOOZ/80/Z0 0Z • ' 'V'd 3S3NV9dV9 8 SSI3M NVWZIVS NM089 : uet}ea.S xe3 Wd60:Z SOH 80 tad : X2j pan1apad 1 I , vL/14/VJ 14:LO CAA. 414 274 '10 Y&M/Z I LBER/TOWNE 0 004 *4. . Please Return TO: it IiiiUIIIi1 '�' 1I Cutts R.Mosley ' PA,Box 1210 cl n 88183x97 074240 02.44 pm 1��1 B.New Haven Aver OR.eooldPaga: 4034 / 0589 . • ham,FL 92902-1210 AGRF d ,NT :..THIS'AGREEMENT made and entered intn this f day of as 1999,by and between SOLANA DEVELOPMENT, INC., a Florida corporation, hereinafter referred to as "Developer", PHIL RUFFIN, hereinafter( referred to as "Ruffin", CANAVERAL PORT AUTHORITY hereinafter referred to as the "Port Authority" and SOLANA MASTER ASSOCIATION,INC.,hereinafter referred to as the"Association • WI N1trSS1ETH: WHEREAS,Developer has entered into a contract for the sale and purchase of the lands described in Exhibit"A" attached hereto and made a part hereof(tine"Developer Laorrdsl,which lands are adjacent to and contiguous with the Port Authority lands;and WHER1EAS,Ruffin is the owner of the lands described in Bxhibit"H"attached hereto and made a pert hereof(the"Ruffin Lands'),which lands are adjacent to and contiguous with the Port Authority lands and , WHEREAS, the Port Authority is in the process of designing and will be constructing a • roadway from Atlantic Boulevard to Jetty Park along the northern boundary of the lands of the Developer and Ruffin,including certain utilities as depicted in Exhibit"C"attached hereto and made a part hereof("The Road'); and • WHEREAS, Association is the master association of Solana Developer's pled development to be located on the Developer Lands; and . WHEREAS, the parties have agreed that Developer will reimburse the Port Authority for certain construction and other costs of The Road and that the Port Authority will grant access_to The Road as described herein upon the terms and coiditiocrs set forth below. NOW THEREFORE,in consideration of the mutual covenants and promises of the parties and other good and valuable consideration the receipt and 611fficiency of which is hereby acknowledged, it is hereby agreed as follows: . . 1. _ Recitals. The foregoing recitals are truo and are incorporated herein by reference. Z. CQnjtructi9n eland Connection to The 1,ad, In order to provide improved.access • to Jetty Park, the Developer's lands and the Ruffin lands sufficient to meet traffic requirements,the Port Authority will construot'IheRoad_The lDcveloper and Ruffin shall be provided an easement to connect to The Road (or The North-South . connector as discussed in paragraph 4 below) initially at the location shown oft Exhibit"C" (the"Initial Connection Point"). The Road will be completed within three years from the date of this Agreement. Additionally;the Port Authority will . Sandy Crawford Clark Of Courts,Drama County #pea: 14 #Names:4 Se<y 0.00 Trust: 7.50 Rea 57.00 r.......r....... n nn erns a 0.0o • Z002) WN / ONN32 tt9C 179L IZC XVd ii:ST SOOZ/90/ZO 1 1 uz/14/u3 14:zd FAX 414 270 `710 Y&M/ZILBER/TOWNE 0005 0 • . 0 III! I1IlUIt • eon mace: 4034 / 0590 construct a North-South connector, which will connect ratty Drive to the south bounduy of The Road(or the road to be constricted)es shown on Exhibit"C", . within two years from the.dete of this Agreement. The Developer and Ruffin shell be allowed to use the Notch-South connector and ratty Drive for higeeu and egress • ' to their properties temporarily until such time as The Road is completed. The Port • ..Authority..ague to provide a second. access point to the west of the Initial Connection Point,shown on Exhibit"D",on remaining Ruffin land at a location to . be mutually agreed upon by the parties hereto(the"Second Corniced=Point"). The . • .Port Authority.shall-initially pay for all design and-construction costs of The Road =Id other coats to compete The Road. In addition.the Port Authority will install a twelve (12) inch diameter water main in The Road. After construction the Port Authoritywij transfer the water main to the City of Cocoa. The Port Authority will - vaet Developer andRuffin encasement at the/nitisl.ConneetionPoint orthe Second Connection Point or such locations as may be mutually agreed by the parties, provided that the connection is part ofa loop ays tern.which execnds south through the Developer Ladg sad connects to the recisting City of Cocoa water main in the North Atlantic Avenue Corridor. Developer and Ruffin shall be responsible for obtaining the right to connect with the water main in The Road from the City of Cocoa at their e pense once the City of Cocoa determines that there vrill be no detrimental effects to water service at the Port. It is agreed by the patties hereto that Port Authority shall have the right to install any and all necessary track control at the Initial Connection Point at such time that such traffic control is deemed necessary by Port Authority. The cost of lnstplling such traffic control shall be shared fifty percent by Port Authority and fifty percent by Developer and Ruffin. 3. neuron and Constrgotien_Costs 011ie Rgsd Within tea(10) days of notice from Port Authority to Developer and Ruffin that The Road has been completed and Is available for use by the Developer and Ruffin, Developer and Ruffin shall be obligated to pay$742,000.00 to Port Authority as a contribution towards the design, constriction and other costs of Tbo Road. The Developer's and Ruff n's obligation _It to pay the cost reimbursement to the Port Autharityof$742,000.00 shall be scoured . by the posting by Developer of a bond in the amount of S742,000.00,subject to the • approval of the Port Authority as to the form of the bond and the bonding company. Such bond shall be issued by Developer and its bending company=later than thirty - (30) days after execution of this agreement. Until.payment of the 5742,000.00 by Developer and Ruffin to Part Authority, Developer and Ruffin shall not have any right to use the The Road and the Port Authority shall have any and all rights to barricade end block access to Tho Road. It shall be the responsibility of the Port • Authority to maintain The Road at its cost_ 4. Roe4wev endiltiht,Easements. Upon the completion of construction and payment. 2 il WI C00® NN / 0$N3S Ii9C teL TZC Xvd TT:ST S002/90/Z0 i U2•/14/03 14:28 FAX 414 274 710 Y&M/ZILBER/TOWNS e006 1 0 0'11011h111 i i . .- . CFN 99133297' OR eat: 4034 / 0591 oftheDeveloper's 5742,000.00 contribution,PortAuthorityahall grant to Developer and Ruffin, their succearors and assigns, non-exoluaive perpetual casements of ingress/egress for vehicular traffic and the right to connect to the v to ine described _ above puraumt to the assenting agreements between the parties to be recorded in the publie records. • . . Developer.and-Ruffin.acknowledge and.agree that the ingxess/ogress eaaententa - granted herein shall not include the right to transport construction materials on the. • North•South connector and the.existing Jetty Park Road. In addition. upon • completion of.The Road, all rights granted to Developer and Rufn in the North- South connector and the minting Patty Pack Road shall cease and become null and void and Port Authority shall have the right to barricade and block access to the North-South connector and the existing Jetty Park Road. S.- - - PortSeatrity, The parties-hereto covenant and agree that Port Authority is hereby It autbatizcd and empowered to exercise jurisdiction,control and.supervision over any port facilities now or hereafter constructed,ineludingTho Road which it the subject of this agreement. Pursuant to this•authority the Port Authority shall have the right to barricade or roadblock the access points from Developerand Rufffin's property to The Road at anytime Port Authority deans it necessary to provide security or safety to the poet and its facilities. occasionally traffic congestion and cargo movement create safety concerns for the Port Authority and during these periods of time Port Authority shall have the right to baiacade or roadblock the access points of Developer and Rutlln on a temporary basis until the safety concerns are alleviated. Port Authority acknowledges and agrees the use of barricades.roadblocks and/or security gates to block access to The Road shall be only during those times that the Port Authority shall dean the use of such roadblocks, barricades and/or security gates reasonably•necessary to provide security'or safety to the port and its facilities. I 6. prune, In addition to the Port Authority's right to barricade and block access to The 1 Road as described above the parties hereto eubiowledge and agree that the Port i I Authority in Its sole discretion shall have the option to construct a fence along the northern and/or southern boundary of the roadway to provide any and all security it l • deems necessary for the port. It is the agreement of the parties that the froze shall Ibe installed ins manner-similar to that shown on Exhibit"E"which would enure and privatize the property to the north and/or south of The Road while at the same time.provide use of The Road for Developer and Ruffin and others. •The parties • - acknowledge that the provisions of this paragraph are in addition to the Port Authority's rights under paragraph 5 above. 1. Developer's and Ruin's Planned Dovetooreent, The proposed development of Developer is described in BXhibit"F"attached hereto and made a part hereof. The intent of the Developer in attaching Exhibit"r is to assure Port Authority that the 1 3 M tooZ 1M / 0}IH38 tt9C t9L TZC XVd ZT:ST SOOZ/90/Z0 uz/t4/u3 t4:211 FAL 414 274 10 Y&At/2ILBER/TOWNE ®007 1 1111111111111 CFN 68133267 •OR BooWParp: 4034 / 0592 residential density of the Developer's dsveloptuent will be significantly less than the maximum density permitted by the zoning ordinances of the City of Cape Canaveral, end to amours PprtAuthority thatle veleper is committing to commercial development on a minimum of five(S)acres adjacent to the port. • Port Authority is entering into ,tltia agreement in reliance en Developer's • sepresentation it will commit 5 acres of C^1.property described in Exhibit"F"to • - commercial development-and.** reliance on Ru fin's representation-that he will omit ten(10)aoros to commercial development..If the Developer's lands-are not cotnnaitted to commercial development then Port Authority shall have the right to block access from Developer's Initial Access Point to The Road.-If Ruffin fills to commit the ten(10)aches to commercial development then Port Authority adsibave the right to block access from tlso Second Connection Point to The Road. S_ Solana Master 4soeiation. Inc, Solana Master Association, Inc. the master association ofDevelop yes planned development tobe known tut Solana,ha ebyjoins in this agreemmcnt for the purpose'of.adanowledging and consenting to the tams hereof and by the execution of this agreement joins in•and conseses to be bound by the terms of this agreement. 9. ilenefitt This agrocanaant shall be binding and upon and inure to the benefit to the parties hereto,their hcizt:,estates,personal representatives,trustees,successes and assigns and that guests and invitees, 10. Construction, This agreement has been entered into by parties of equal bargaining power and business acumen,and all pasties have been represented by counsel. In construing the meaning of this agreement,all parties shall be deemed to have drafted this agreement, and no rule of favorable interpretation to one party over the other parties shall be employed. 11_ gentian. Iri the event that there is any litigation arising out of this agreement,the prevailing party shall be entitled to,recover.reasonabla attorney toes and costs, including appellate,arbitration.mediation and bankruptcy costs. The pasties hereby agree to and stipulate that the venue for any litigation with respect to this agreement - and the rights and obligations thereunder brought by any party hereto or any other successors or assigns shall be commenced solely in the Circuit Court for Breverd County.Florida-or in the U.S.District Court located in Orlando.Florida. 12. ceunteGisrt Sian chinos- Counterpart signatures of this agreement shall be deemed binding on all parties. 13. AttiretAgr'eement. This agreement constitutes the entire agreement afthe parties and may be modified only by a.written modification signed by the parties hereto. - 4 1 S00 _NH / OHN3fi 669C V91 TZC XVd ZT ST SOOZ/80/20 02/14/03 14:29 FAX 414 27. 110 Y&M/ZILAER/TONNE e008 1 •I 4} . A. 0 — 1 4 14. Tip is of he Esaenoo; With regard to the time for performance of the obligations s of the parties hereunder,time shall be of the ossaiec. .•15. Pap oMaioerc. Should the Port Authority be prevented form completing The Read end/or theNor f h-South portion onto e Rosd as defined within Illation provided for under this Agreement owing to:Acts of God;engagement Inwn or other boats hues. civil war,civil commotion's riots or insuaactio a;requirements of civil or military authorities; blockades; embargoes; vandaliv;:-eabotaga.epideutiea or sickness; 1 strikes,lockouts;labor sheen%earthquakes,landslides,floods;weather conditions not included iia normal planning;failure of electric currant, damage by lightning: •aocplosions.collisions or arm accidents ofaiy nature resulting In material damage to the road construction effint;shortage of materials,Axel or equipment or inability to 1 •obtain delivery thereof;actions of aelssslflestion society or*lbw regulatorybodies; actions or omissions=the part of the Developer,Ru>flo or Association(but without I1 prejudice to any other rights of the Port Authority tmder this Agreement);any cause whatsoever whether"or not of•kind previously specified in this Paragraph or of a different hind,reasonably to be considered beyond the control of the PortAitthierity; .then in•any such case the date for performance of thed'ort Authority's obligations hereunder et all be extended by the number of days of delay incurred by the Port Authority in performing such obligations in consequence of'the occurrence of any of such cireuonstances. The Port Authority shall as soots as reasonably possible notify the Developer and Ruffin in writing of the occtirrenoo of any of the foregoing events which it expects may prevent the port Authority from timely performing any of its obligations under this Agreement and the now date by which the Port Authority shall be able to fulfill its obligations hereunder.• IN WITNESS WHEREOF,the parties have executed this agreement on the daffy fustwritten above. i SIGNED.SEALED AND DELIVERED IN TH$ PRESENCE OF; A CANAVERAL PORT AUTHORITY �� •�/��i _ • .n .►. .!I •• - - _ . I .r ,, r k 1 5 DR B000kipager 4034 1 0593 IN iii 83s ps • 1..•� S 900Z NM / OXN38 b69C 1791 TZC XV3 ZU ST SOOZ/90 Z/ 1 02/14/03 14:29 FAX 414 27• 710 Y&M/ZILBER/TOWNE Z009 i•, 0 0 - 4 o ' / IL* i • ; * .. SOLANA DEVELOPMENT,INC. -�11 , ') If Br PAM Name:49',26 ij: , B.IfeArNEr r J as D.Barris,vice President 1 i . _Ins. &_ ___ Print ,'e.tn. ♦. R. ►r<lfCl; 1 444"/ J , IF I 1 4 !J!. .1I,. k'-' ' SOLANA MASTER AS50QATYaI+i,INC. { T� :. �iE.. "' ( 1 f1 :/ -J - II EY D D.----'1 - r,,s! J ,I _ :. _%' =(N1i 7 r amts D.Hopis,Pr+esideat : g 1 1 STATE OF FLORIDA ) COUNTY OF BREVARD ) ./ , Tile foregoing ins' , t was acknowledged before me this 5 day of ,1999 by 4r,. . — '? pia ,i ra of 1 CANAVERAL PORT AUTfO •< ,aFlorida corpotati on behalf ofthe corporation who is personally known to me or has produced ,as identification. NO ARY - My commission corpires: Pill �u i worn Nag . WI�Il saio . 1 a CFry 1IU 891 .t� 287 �11 OR Book/Page: 4034 =ry,,tp4 7� '� c / 0594 3/4 0441.0 . = I to ICC 448702 /4•i9i••,L12 4 WI b 1 _ 100 0 MA / 0? • 341 669C 681 TZC XVd ZT:ST SOOZ/80/Z0 1 02/14/03 14;30 FAX 414 274 10 Y&M/ZILBER/TOWNS 0 010 we 0 C) — i 11111111111111111ON STATE OF R-o("D A .CFN 90133297 OR UoQk go: 4034 / 0595 COUNTY OF ..The foregoing itt9trvn 3a ent was acknowledged belbre ma this If day of 1999 by JAMES D. BORRrS, VICE .PRESXDENT of SOLANA • • . . AEYELOP NT,.1NC..•aFlorida eotporatian,-on behalf-of the corporation who la perNana y Igtown to me or has produced as identification. Azitg ,44_ ARY • . My commission axpiros: SARMM M BRADLEY -ii • NY CANMIMION/CC lisuu 1• F77IR:JY111i,7001 e','" aao0M71w1YAryP lkim no STATE OP ,k: i,,' s ) COUNTY OF_Ss ui tV ) 1 The foregoing instnnnentwas acknowledged before ma this, /9 "day of ,1999, by PHYL RUFFIN,who is personally known to me or has produced as identification. NOIARY My commission axpirOS: tIOVITA R. FORRESTER Notary Public SL of Moult STATE OP Ft o R i D& ) COUNTY OF 1317.EV 4n-i) ) The foregoing instrument was acknowledged before me this � day of 1999 by JAMES D. BORRIS, PRESIDENT of .SOLANA MASTER ASSOCIA ON,1<NC„aFlorida corporation,Mbel]a11'0>•t}m corporat:'tonwho ispotaonall l to me arras produced as identification. o di . k— ,. 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I .1 gil tTOZ IM / OMN3E1 _ — 17120C teL TZC XVd fT:ST SOOZ/90/Z0 i I 1 1 02/14/03 14:32 FAX 414 274 10 Y&M/ZILBER/TOWNE 0101.7 0 0 _. NOTES TO EXJBI[T "F" I r Total acreage•is 25.61 acres which allows for development of 384 residential �J/ units. Planned units as shown is 188 units or 196 units less than allowable. Developer will commit to a maximum of 208 residential units in this area i i 1 I Total acreage is 11.79 acres which allows for development of 177 residential 1 k`\� units. Planned units as shown is 80'units or 97 units less than allowable. Developer will commit to a maximum of 88 residential units in this area l P. _ Total acreage is 5 acres zoned C-1 Commercial. Developer will commit to �84�At . commercial development only in this area consisting either of hotel, interval ownership, condo hotel or similar concept. i Total acreage is 1654 acres zoned R 3 which allows weekly rentals. Use of 1 ea■rst�a■a�a:■ this land to be determined based on success of C-1 concept. Proximity to •l•a.. C-1 surrounding this property would provide for logical commercial development with weekly stays/rentals. i 1 4 • • 1 1 1 i 1111111111111111111 1 OEN 09193297 XI 9ool iP g : 4034 / 0602 1 4 1 I 1 1 I it STOIJ NM / OMN38 6D9C 69L TZC XVd 6T:ST SOOZ/90/ZO 1 1 V 1 i, 11 111111111 N Prepared by and please return to: CM:69061156 55.1540 01a7.T OR BookiPaaa: 3980 i 1998 Curtis R Mosley,Esq.4') Mosley,Wallis&Whitehead,PA Sandy Crawford • 1221 E. New Haven Avenue aim Of Ca.u.&W4M Cowl Melbourne, FL 32901 SP9/:16 INi,T 2 5.00 Ree 51.00 Sdv 0.00 came 0.70 Excise!0.00 �x o 00 1nt Tax!axe FOURTH AMENDMENT TO ENTRANCE ROAD EASEMENT AGREESMENT THIS AMENDMENT TO ENTRANCE ROAD EASEMENT AGREEMENT (the 'FOURTH AMENDMENT') is made and entered into.this 15th day of March, 1999;by and between PHIL RUFFIN, an adult individual with offices at 15•2 South Florence, Wichita, Kansas 67209 ('GRANTOR') and TOWNE REALTY, INC.. a Wisconsin corporation ('TowNE'), SHORentOOD OF GAPE CANAVERAL, INC., a Florida corporation ('SHOREWooD`) and SOLANA DEVELOPMENT,INC., a Florida corporation("SOLANA"),TONNE, SHORew000 and SOLANA all having offices at 710 North Planldnton Avenue, Suite 1200, Milwaukee, Wisconsin 53203(TOWNE,SHOREwooD and SOLANA herein collectively the'GRANTEEs"). WITNESSETH: WHEREAS,TONNE and SHOREWOOD have various easement rights and obligations In lands owned by GRANTOR pursuant to that certain Entrance Road Easement Agreement filed in the Official Records Book 3117, at Page 4738, and Amendments filed in Official Records Book 3302, at Page 4091, and Official Records Book 3482, at Page 369 and in Official Records Book 3567, at Page 2167 and in Official Records Book 3851, at Page 3070. all of Brevard County. Florida (collectively the 'EASEMENT meaemENTS"), the terms and conditions of which EASEMENT AGREEMENTS are Incorporated herein by reference, including but not limited to all words therein having a defined meaning therein:and WHEREAS, SIioREWOOD and SOLANA are wholly-owned subsidiaries of TOWNE; and • WHEREAS, under even date herewith, Sot.ANA has acquired from the GRANTOR - fee title in and to certain of the lands described on Exhibit A,and SOLANA has previously acquired certain lands described on Exhibit B, the lands described on Exhibit 8 being contiguous to the lands described on Exhibit A(the lands described on Exhibits A and B hereinafter collectively the "DEVELOPMENT PARCEL"), which DEVELOPMENT PARCEL Includes certain lands subject to the foregoing EASEMENT AGREEMENTS and WHEREAS,in conjunotlon with the acquisition of fee title to the lands described on Exhibit A by SOLANA, the GRANTOR has agreed to grant the same non-exclusive easement as provided for in the EASEMENT AGREEMENTS to all of the GRANTEES over that portion of the lands GRANTOR has retained title to, the easement area of which is depicted on Exhibit C(the'EXISTING EASEMENT AREA't and • WHEREAS,the GRANTOR has agreed to grant to the GRANTEES an additional non- exclusive easement over lands owned by GRANTOR and described on Exhibit D (the ) 'NEW EASEMENT AREA"), which NEW EASEMENT AREA is adjacent to and immediately northerly of the ExisnNG E.ASEMENTAREA,so that that GRANTEES will be able to construct at their sole cost and expanse within the ExiSTINO EASEMENT AREA and the NEW EASEMENT AREA such roads, streets, sidewalks, water, sanitary sewer, storm water systems and other utilities as may be required by the City of Saps Canaveral, Florida (the 'OW) or any other governmental agency to allow SOLANA of fully are atop the DEVELOPMENT PARCEL.for such residential end/or commercial purposes or shall be allowed,by the CITY and i • 1 • Pagel of 15 Pages i . • • i 9Tolb WM / MIN3S tt9C teL TZC XVd bT:ST SOOZ/90/Z0 1 -. -. . . • • .. _. - Now. THEREFORE, for good, valuable and sufficient consideration, receipt of which Is acknowledged by the undersigned, including but not limited to the covenants herein contained,it is agreed as follows: 1. Recitals as Covenants. The foregoing recitals are true and correct and are incorporated herein by reference as covenants of this FOURTH AMENDMENT- 2. Grant to all GRANTEES of Easement Over Existing Easement Area. The GRANTOR hereby gives, grants. bargains and assigns to all of the GRANTEES a permanent and perpetual non-exclusive easement in, to, under and over the EXISTING EAsEmENT Area appurtenant to the GRANTEES'existing and/or future rights and interests in the DEVELOPMENT PARCEL. and the adjacent lands upon which Shorewood. a condominium, has been constructed, which condominium was established by Declaration of Condominium as recorded in Official Record Book 3612, Page 3836, public records of Urevard County, Florida (the 'SHOREWOOD LANDS') for roadway purposes, Including a right of way for Ingress and egress by vehicle or on foot, in, to, upon, over and under the street, driveways, walks between the public highway(North Atlantic Avenue)and the DEVELOPMENT PARCEL now or in the future,and also including a permanent non-exclusive easement for transportation of construction materials for use in any of the GRANItEs future residential and/or commercial developments of the DEVELOPMENT PARcel.or any lands adjacent thereto owned by any of the GRANTEES, together with the right to Install, maintain and use utilities including, but not limited to, water, sewer, electric, storm water, retention or disposal, gas, telephone, TV cable. conduits, sewer fines and other utility pipes, mains, lines and other support needed to support the future development of the DEVELOPMENT PARCEL or any other adjacent lands owned by any of the GRANTEES (collectively the'EXISTING EASEMENT AREA UTILITIES'). The grant of easement herein contains and Includes the right to expand the capacity of the existing sewer lines in the EXISTING EASEMENT AREA and to install water linesin the EXISTING EASEMENT AREA. GRANTEES agree that all costs involved with any installation and/or modification to the ExISTINO EASEMENT AREA UTILITIES Or roadway or other improvements in the EXIS tiNG EASEMENT AREA by GRANTEES for the use and benefit of the DEVELOPMENT PARCEL and/or the SHOREWOOD LANDS shall be at the sole cost and expense of the GRANTEES. 3. NEW EASEMENT AREA GRANT. The GRANTOR hereby gives, grants. bargains and assigns to all of the GRANTEES a permanent non-exclusive easement In, to, under and over the New EASEMENT AREA appurtenant to the GRANTEES' existing and/or future rights and interests in the DEVELOPMENT PARCEL and the SNOREW000 LANDS for the purposes of constructing thereon such roadway and drainage areas, retention areas and utilities, including but not limited to water, sewer, electric, storm water, retention or disposal, gas,telephone,1V cable, conduits, sewer lines and other utility pipes, mains, water lines and other support needed to support the full and complete development of the DEVELOPMENT PARCEL or any other adjacent lands owned by any of the GRANTEES(collectively the'NW EASEMENT AREA U nuTIEs'), This grant of easement herein contains and includes the right to expend the capacity of the existing sewer lines in the EXISTING EASEMENT AREA in, to, upon and under the NEW EASEMENT AREA. This grant of easement also contains and includes the right of way for ingress and egress by vehicle or on foot,in,to, upon,over and under the roadways,driveways, walks between the public way(North Atlantic Avenue) and the DEVELOPMENT PARCEL now or In the -future, and also Includes a permanent non-exclusive easement for transportation of construction materials for use in any of the GRANTEES future residential and/or commercial developments of the DEVELOPMENT PARCEL or any lands adjacent thereto owned by the GRANTEES together with a right to use and maintain the foregoing NEW EASEMENT AREA UTIUTIES. GRANTEES agree that all of the costs Involved in the installation and/or modification of the roadways and NEW EAsEmENT AREA UTiufES or other improvements in the New EASEMENT AREA by GRANTEES far the use and benefit of the DEvELOPMENT PARCEL and/or the SHoREwooD Lands shall be at the sole cost and expense of the GRANrTEEs. . 4. Waiver of Rtoht to Move PRIVATE ROADWAY. The one-time right to move the PRIVATE ROADWAY defined in the Second Amendment to Entrance Road Easement Agreement, which is part of the EASEMENT AGREEMENTS granted to L&L Canaveral i Page 2 of 15 Pages ( cENSOO$l Ire OR eookrP+a•: 3980 1 1999 Ar LTOlA KM / OHN343 6t9C tel. TZC XV3 tT ST SOOZ/130/ZO I • . 1 • _ , 1 . • I . .... . ., 1 j Enterprises Milli,a Florida general partnership and the predecessor-in-interest to the I GRANTOR,is hereby forever deemed waived and released by the GRANTOR. ; , 1 S. MitiMenance and Repair of PRIVATE ROADWAY and New Roadway .1. Improvements. All of the condominium and/or housing units to be constructed by 1 ToWNE and SHOREWOOD as referred to in Paragraph 7 of the Second Amendment to / Entrance Road Easement Agreement,which Is one of the EASEMENT AGREEMENTs,have .4 been completed and sold. Therefore, it is the current obligation of the GRANTOR as / 1' successor to L&L to maintain the PRNATE ROADWAY as defined in said Second 1 Amendment on the EXIsTING EASEMENT AREA in goad condition and repair at the 4 ' ; GRANTOR'S sole cost and expense. By virtue of SOLANA's acquisition of the • 4 . 4 DEVELOPMENT PARCEL, SOUV4A, as successor to GRANTOR, is now responsible for 1 I maintaining the PRIVATE ROADWAy on the DEvEloPMENT PARCEL in good condition at its 1, sole cost and expense. My new roadway improvements constructed by any of the I GRANTEES on the DevELopmENT PARCEL shall be maintained at the sole cost and expense of the GRANTEES. Any new roadway improvements constructed upon the New I EASEMENT AREA by GRANTEES and any roadway connection constructed on the NEW ; ; EASEMENT AREA by GRANTOR pursuant to Paragraph 9 below shall be maintained at the q sole cost and expense of GRANroR. / 1 6. Sketch of Easement Areas. Attached hereto as Exhibit E is a sketch 1/ depicting the NEW EASEMENT AREA and the EXISTING EASEMENT AREA. i . . 1 7. post of GRANTEES' Improvements. Any and all improvements constructed . by any of the GRANTEES on the OUTING EASEMENT AREA or NEW EASEMENT AREA shall i / be consttucted at GRANTEEs sole cost and expense and in such a manner as to not I have material adverse effect upon the acloining lands of the GRANTOR. To the extent 1 that the GRANTEES in any way damage the existing 1..h1UnEa, Improvements or PRNATE ; ROADWAY during the course of expanding or improving any such facilities, ell costs of 4 / repair shall be at the sole cost and expense of the GRANTEE& 1 I . i 8. Rioht of Access to the Roadways Constructed and/or to be Constructed Qn..the EvoNsSA.SEMENT AREAkind New EAsEmENT ARM GRANTOR shall have the full i right and entitlement to connect GRANTOR'S lands adjacent and to the north of the NEW EASEMENT AREA to the existing PRIVATE RoADWAY and/or to any additional roadways to Ibe constructed by the GRANTEES upon the ExtsitNG EASEMENT AREA and NEW EASEMENT I AREA. The form, nature and point of such connection from GRANTOR'S lands shall be „ 4 subject to the approval of the City of Cape Canaveral and to the approval of the 1 GRANTees,which approvals by GRANTEE()will hot be unreasonably vAthheld,conditioned / 4 . or delayed. All such connection costs shall be at the sole expense of the GRANTOR,and , 1 the GRANTOR shall insure In making such connection that there shall be no liens or 4 encumbrances which attach to the DEVELOPMENT PARCEL OT to the EXISTING EASEMENT 1 , AREA or to the NEW EA.SEMENT AREA. / - i 9. Ower Force Main in Shorewood Road, TOwNE has constructed a sewer I force main in the area provided for in the EAsEMENT AGREEMENTS (the °SeoREIN000 ROAD SEWER MAIN"). The SHOREW000 ROAD SEWER MAIN Was constructed at TOWNE'S I sole cost and expense in order to develop the Shorewood Condominium Project and for 1 1 developing the DEVELOPMENT PARCEL Taking into account the sewer capacity 1 necessary to prevent any interference or interruption In any manner with the sewer / service for the Shorewood Condominium project, Towne has determined that the 1 i SHOREWoOD RD SEWER MAIN contains Insufficient capacity for what is needed by the / GRANTEES to fully develop the DEvELOPmENT PARCEL as intended by the GRANTEES. 4 Therefore, the GRANTEES will be unable to allow the GRANTOR to connect GRANTORS i lands to the SHOREWOOD Ron)SEWER MAIN. GRANTOR acknowledges and agrees to the foregoing provisions of this paragraph. 1 1 1 10. Sales Trailer and Sianaae,. During the course of the development and 1. sale of the DEVELOPMENT PARCEL,the GRAN-reF-s shell be entitled to erect and maintain 1 signage on the expanded entryway referred to in Paragraph 4 of the Second 1 Amendment along North Atlantic Avenue'and upon the further expanded entryway 1 along North Atlantic Avenue on the New EASEMENT AREA(the expanded entryway on the i :11 , • en , migigglilli I - 1111 11111,111, 11111111111 Page 3 of 15 Pages 1 ' oesocnapacps: 39§0 / 2000 I i . ' i lemwstweslmmmlmllmmomllmlavllmmdr t / colZ MI / °Age . L—T .e XV d f T T• -- — , .---- 17179C te Z :S SOOZ/90/Z0 I . • EXISTING EASEMENT AREA and on the NEW EASEMENT AREA hereafter the 'EXPANDED ENTRYWAY') for purposes of the advertising the DEVELOPMENT PARCEL and improvements constructed thereon by the GRANTEES. The GRANTOR shall also be entitled to use the EXPANDED ENTRYINAY for purposes of marketing his adjacent lands and any improvements constructed thereon by GRANTOR. GRANTOR'S and GRANTEE'S signage shall comply with all applicable City Codes and Ordinances. GRANToR'S and GRANTEE'S signage shall be constructed in a harmonious manner end so as not to have a material adverse Impact on the non-constructing parties' adjacent lands. All advertising signage shall be removed by the parties hereto upon completion of such marketing activities.. The EXPANDED ENTRYWAY shall continue to be maintained by the GRANTEES, at their sole expense, without contribution from the GRANTOR during said marketing period; provided, however, that If the GRANTOR shall use the EXPANDED ENTRYWAY for marketing purposes, GRANTOR shall pay a fair and equitable share of the maintenance costs of the EXPANDED ENTRYWAY during the period of time that he is using the EXPANDED ENTRYWAY for marketing purposes., During the first 180 days after the execution of this Agreement, the GRANTEE shall be entitled to lease the expanded entryway,from the GRANTOR for a rental of One Thousand Dollars ($1,000.00) per thirty (30)-day period payable In advance for purposes of maintaining a temporary sales trailer on the EXPANDED ENTRYWAY area. The trailer shall be located In the northeast comer of the EXPANDED ENTRYWAY,and any above ground improvements constructed by the GRANTEES on the EXPANDED ENTRYWAY, in order to upgrade and maintain the temporary sales trailer, shall be removed by the GRANTEES at their expense upon expiration of the lease. The lease will provide that the GRANTEEs shall maintain the EXPANDED ENTRYWAY at all times lien free and that the GRANTEES shall provide suitable general liability insurance coverage naming the GRANTOR as an additional Insured as its interest appear with respect to the maintenance of said temporary sales trailer. 11. GRANTOR'S Warranty _Relatino to ALcurolionce4. GRANTOR hereby warrants, covenants and represents to the GRAMMES that there are no mortgages, deeds of trust or liens, judgments or other encumbrances recorded or outstanding . against the EXISTING EASEMENT AREA or the NEW EASEMENT AREA and that there has been no work done by the GRANTOR on the lands owned by the GRANTOR which would entitle any third party to file a Gen against the DEVELOPMENT PARCEL,EXISTING EASEMENT AREA or the NoN EASEMENr AREA lands. GRANTOR hereby agrees to indemnify,defend and hold the GRANTEES harmless from any and all claims or causes of action that have or may accrue in favor of any third party with respect to the matters herein warranted and covenanted against in this Paragraph. 12. General Reauirementt wfth Respect to Construction of Improvements. With respect to construction of any improvements by the GRANTOR or the GRANTEES as herein provided on the EXISTING EASEMENT AREA, the NON EASEMENT AREA or the TEMPORARY CONSTRUCTION EASEMENT AREA the following terms and conditions shall apply. (a) All work shall be performed in such a manner as to not unreasonably interfere with the use by the non-constructing party of the EXISTING 'EASEMENT AREA or the NEW EASEMENT AREA or with the use of the non- constructing party's property which surrounds the EASEMENT AREA. • (b) Promptly upon completion of any work with respect to pipes, lines or conduits, the constructing party shall restore the land surface to the condition thereof immediately prior to such work. (c) All customary permits, licenses and insurance shall be obtained by the constructing party, and the constructing party shall take all reasonably necessary precautions to insure that the work performed at or upon the easement premises is done with first-lass materials end all applicable workmanship is conducted in a safe and secure manner, in compliance with all 1 laws, and in such a manner as to avoid unreasonable risk of injury to persons or property at or near the easement premises. The non-constructing party shall be Page 4 of 15 Pages I l l"itil 1, ')I I111111 cf"S9o51te6 3980 I 2001 oR bogey.;c i 8I0ti . NM / 0?IH38 it 9C tilt TZC XVd ST:ST SOOZ/9O/ZO i — ----m . 1 / , J 4• named as an additional Insured as its interest appear under the general liability policy of the constructing party with respect to such work. (d) All work performed by the constructing party shall be the subject of performance and payment bonds in the estimated amount of the cost of said work, which bonds shall name the lion-constructing party as an obligee thereunder, provided, however, that if the constructing party is one of the GRANTEES,then TOWNE may,in lieu of such bond,furnish to GRANTOR a guaranty of the performance and payment for said work In a form mutually agreeable to the GRANTOR and Towne, and In the event that the GtAwroR is the constructing party, then the GRANTOR may, instead of bonding his construction work, furnish the GRANTEE with a guaranty comparable In form to the guaranty to be provided by TO NE. • 13. Dedication of the Roadways and/or-(JTIUTIES: Private Easement Area. The GRANTEES shall have the option, in their sole discretion,to dedicate the roadways within the EXISTING EASEMIENT AREA and NEW EP suarr AREA to the CrrY. The GRANTOR hereby agrees to join in any such dedication to the CITY so long as the City does not place any condition on such dedication which would prevent the GRANTOR's adjacent lands from having access to and usage of such roadways. GRANTOR's dedication shall indude the landlord's fee Interest In the ExrsTING EASEMENT AREA and NEW EASEMENT AREA If required by the Orr. To the extent that the GRANTEE desire to dedicate any of the UnuttEs to third parties, the GRANTOR agrees to join in such dedication. In the event that the roadways referred to above in this Paragraph 13 have not been dedicated by the GRANTEEB,and in order to develop the GRANTOR's adjoining lands,dedication of such roadways is required by the City, then GRAivroR shall be entitled, at his sole option, to dedicate such roadways, and GRANTEES hereby agree to join in such dedication. The easements, licenses, rights and privileges established, created and granted by the provisions of this FOURTH AMENDMENT shall be for the benefit of and restricted solely to the GRANTOR and the GRANTEES and the other parties referred to in Paragraph 14 hereof. This FOURTH AMENDMENT is not intended to create,nor shall it be construed as creating,any rights in and for the benefit of the general public or any rights in or to any portion of the DEVELOPMENT PARCEL or the other easement areas or lands described herein,including the GRANTOR'S adjacent lands, except as expressly set forth herein. In the event that any of the owners(or the City on their behalf)of the lends to the south of the Shorewood Condominium Project, the Development Parcel or the lands presenuy owned by the GRANTOR, seek ingress and/or egress for themselves and/or their properties over the roadways referred to in this Paragraph 13, then the GRANTEES and the GRANT.oR shall exercise mutual good faith efforts to obtain, as a condition of atlowi • such ass and/or •• reimbursement for all of the development and .sk.. con • . on costs Inc •I va ues) ink urre• by GawroR an• e R NT S ^ respect to such • d1 I •ress and •teas is granted and obtained. • shall receive thirty percent(30%)of su- rerun• rsemen a • =TN1 s s - I receive seventy percent(70%)of such reimbursement. 14. Benefit. This FOURTH AMENDMENT shall be binding upon and Inure to the benefit of the parties hereto, their heirs, estates, personal representatives, trustees, successors and assigns. This FouRTH AmENDMErrf shall be binding upon and inure to the benefit of all persons, parties and entities acquiring any interest in or to the DEVELOPMENT PARCEL, including but not limited to their guests, business Invitees, condominium unit owners and condominium associations. 15. Construction. This FOURTH AMENDMENT has been entered into by parties • of equal bargaining power and business acumen,and all parties have been represented by counsel. In construing the meaning of this FOURTH AMENDMENT,both parties shall be deemed to have drafted this FOURTH AMENDMENT,and no rule of favorable Interpretation to one party over the other shall be employed except that this FOURTH AMENDMENT shall be construed liberally in favor of the parties hereto to enable the GRANTEES to carry out their development plans with rasped to the DEVELOPMENT PARCEL and to enable the GRANTOR to carry out his development plans with respect to his adjoining lands. Page 5 of 15 Pages IIflIfilUhIKlUhhII cFPI:9e051 156 i oR eoelwye: 3980 / 2002 IIIIIIIIIIIIII OZOIj CIA / O}IN3E VI/9C teL TZC XVd ST:ST SOOZ/90/Z0 _ w 1 16. Covenant Runnino with the Land. This FOURTH AMENDMENT shall be deemed a covenard naming with the land for the use and benefit of all of the persons and entities described in Paragraph 14 hereof. 17. Litloation. In the event that there is any litigation arising out of this FOURTH AMENDMENT, the prevailing party shall be entitled to recover reasonable attorneys'fees and costs, including appellate costs. The parties hereby agree to and stipulate that the venue for any litigation with respect to the Easement Agreement and the rights and 1 obligations thereunder brought by any party hereto orr any of their successors or assigns shall be commenced solely In the circuit court for Reward County, Florida or in the U.S. ) District Court located in Orlando,Florida. 18. Effect of FOURTH AMMENT. All of the terms and conditions of the EASEMENT AGREEMENTS,and any other agreements of the parties relating to the matters herein,shall remain in full force and effect and unchanged except as expressly modified I or amended by this FOURTH AMENDMENT. 19. pounteroart Slanatu es. Counterpart signatures of this FouRTH 1 AMENDMENT shall be deemed binding on all parties. 9 20. Temosirary_Constnicfion easement. For a period of one (1)year after the execution of this Agreement. In the event that the GRANTEES require a temporary • 1 construction easement for grading purposes along the northern portion of the New EASEMENT AREA, the GRANTOR agrees to provide same to the GRANTEE8 solely during I the construction period; provided, however, in no event shall said easement be for a ( period longer than one(1)year from the date hereof. ( 21. [Miscellaneous. i (a) Each of the parties hereto,on their own behalf,and for the persons and entities referred to in Paragraph 14 hereof, hereby agree to indemnify and hold harmless the other and their successors and assigns, tenants, guests, licensees, business invitees, employees, agents and independent contractors from and against all claims, losses, liabilities and expense (inducting, without limitation, attorneys' fees) Incurred as a result of any work or activity by such indemnifying party or the failure of a party to otherwise comply with all the 5 provisions hereof or the failure of their respective agents, personal representatives, employees,invitees,lessees and/or Independent contractors to t so comply, or as a result of the use of any easements or other grants herein contained. ( (b) In the event of a breach or threatened breach by any party hereto of any of the terms, covenants, restrictions or conditions hereof, the other party shall be entitled forthwith to full and adequate relief for injunction and/or all such . other available legal and equitable remedies from the consequences of such breach,including payment of any amounts due and/or specific performance. (c) In addition to al of the other remedies available at law or In equity, fl upon the failure of either party to cure a breach of this FOURTH AMENDMENT within q thirty (30) days following the written notice thereof by the non-defaulting party (unless,with respect to any such breach of a nature which cannot be reasonably cured within such thirty (30) days, the defaulting party commences such Cure within such thIrty(30)day period and thereafter diligently prosecutes such cure to completion], the non-defaulting party shall have the right to perform such obligation on behalf of the defaulting party and be reimbursed by the defaulting party upon demand for the reasonable cost thereof, together with interest at the i prime rate established and published in the Wall Street Jotrma(or any successor 9 or comparable publication, plus two percent(2%), not to exceed the maximum rate of interest allowed by law. The remedies specified herein shall be cumulative and in addition to all the remedies permitted at law or in equity. i i i JIJIJIIIllII1I 9 Page 6 of 15 Pages CFxseoshiae • oaeoowwoe: 398Q / 2003 TZOlJ 101 / OHN39 t 9C 179L TZC XVd ST:ST SOOZ/90/Z0 i .--- . . . . . I IN W i rrNSSS Wr1EREOF,the parties hereto have set their hands and seals as of the date first written above. I SIGNED, S . 0 AND DELIVERED IN G TOR THE -• : ' ` ► OF• • Print Name: aNEPY.' Phil Ruffin Pnn Name: �� • iir 1 chtsixSttee GRANTEES: oft ee weags: 3980 / 2004 Iowa REALTY,INC.,a Wisconsin corporation Print N Y e• 144 T I) W--- Print Nu J E SU�t�t(rf�L .6� 1.r -:s Vice President i SMORENrOOD OF CAPE t"iAHtAn/EW1L,INC.,a i 41 ' Florida corporation Print Name: T.';!r - Print N j1 -: ..f• 4R}R11t►/." 6y: f/ mas-Z>:-Z3o.-i-:s Vice President SOLJWA DEVELOPMENT,INC.,a Florida nncor poration Print Name: l ai c ✓1�t� ey, l� �. Print Nar(r ea Svu�++/A..! ..,as-Z.-Bpt-I-,s Vice President STATE OF/4- cJA-9 A- .) )se COUNTY Ot CIAaK ) The foregoing instrument was acknowledged before me this ly day of March, 1999,by Phil Ruffin,an individual. He is known to me. 0 "*" e,+..0 t...... c nn d t Notary Public My Commission moires: 4(1 III 200 2 " - DOUGUA VAN PATTEN STATE OF WISCONSIN ) :k`•'�"- N01yp1°"'"""0' %,ram. No.944600.1 )ss. •- ` • Want.Sap.AvO.17 1002 COUNTY OF MILWAUKEE ) The foregoing instrument was acknowledged before me this 9th day of March, 1999. by,;tmes D. Bowie, Vice President of TOWNE REALTY, INC., a Wisconsin coroeM'aiirp,pp.laftle,ialf of the corporation. He is known to me. ..ccrr14.ili'-..1*.' 4,....:: .„. \.4. - ,4*-X"' �;\,0 „ I •: Public 1 e i``'";r.. '+:, _ 7 Commission Expires: A ..,t' 464' JAWS S.WOLF,Balmy Mk u,,.. .....ir Page 7 of 15 Pages Mb CanalMILA WU weir so.20a ZZOZ JIM / OHI138 f69C b8L TZC XVd ST ST SOO /80/ZO . _ . _. .. . . . . . . .. _. .. ■ 1 1 STATE OF WISCONSIN ) )ss. COUNTY OF MILWAUKEE ) The foregoing instrument was acknowledged before me this 9th day of March, 1999, by James D. Boors, Vice President of SHOROW000 OP CAPE CANAVERAL, Inc., a . .F,IOA1de Corporation,on behalf of the corporation. He is known to me. i ••:).• .4 v Ase,....;��. s N-. �� N ublic -?. 0 •v ', • . 'd 0v r % � ; ommissu on Expires • JRSLVOV,,way Attie 4T : N STATE OF WISCONSIN ) f�roanaleko6elnss 80.2001 )ss. COUNTY OF MILWAUKEE ) The foregoing Instrument was acknowledged before me this 9th day of March, 1999, by James D. Dorris, Vice President of SOLANA DEVELOPIMENT, Inc., a Rorida 1 c:'.corpq. tion,on behalf of the corporation. He is known to me. I /r; 4 �' C�t„RY.i' ': 4,, o Public 1 ?s .d v — y Commission Expir .vv(' � :..a.l JNmI.VOtf,Nam Rs* ai' '4 • taaMAy at Mt+rale ga�as:Roai w eaNda ka eeka Soplato 30.2001 1 1 1 i. 1 i 1 i I i I I �IIIII mafiosi isa OR Boot/Paw 3980 1 2005 Page a of 15 Pages r • '� CZO0 NIA / 0)1 Db9C teL TZC XVd ST:ST SOOZ/90/Z0 I . . k 1 IExhibit A Description:(Development Pared) A pea dos of Gordon 14,Township 24 South,Rmge 37 Batt,,Dslvard County.Florida. Wog snore porticuladydossdbedasOdic a i Comma at to Nottbnwmt omit of said Section 14;thence N$9'4334"E,along the North line of the Na chafe t anngoarter of said Sad=14,a diode=af2.63994 feet.to the North one-goar4ar ooneer at said Section 14;theme N$9•45'43"B,along the North line of the Nar9seest an.-gttaeeet of odd Section 14„ a distance of$5346 ted to the POINT OF BECONNING of the Mein desesibed parcel;thane caution;N11504.1'43113, along the Norht line of the Nodh ust sae under of said Seddon 14,a disbmes of 435.60 fed. tio'the Nostimost seam of Oovea�mt Lot 1 of add Section 14; thence " S01'29"01"E,along the West lone of said GO,enommt Lot 1,a dlstmtee of 790.19 feet,to a point on the Son&One of time Nadia 790.00 fen!of odd Oovamneat Lot 1;thence 1 N89'4S 43"B,along add Sad Boni a distsoco of 260.06 feet,to a plot an the Fast line oldie West 260.00 feet of said Goretmneot Lot 1;thence N01 29'015W,along said East lint„a distance of 530.13 ghat,to apaint on the South line of the Noah 260.00 feat of said dovesomant Lot 1;dimes N*9'45•43"$,sloatg said South doe,•distance of 1,554.47 I feet,to apamt=die Mod=Canted line ofthe Maeda Ocean as shown on that stavcy y *proved by the'Dude=of the Wend Bnproveo eat beret Fund of the State of Florida on Doecmbaz 1$,1973,and zosooded is Survey Book 2 Pages 6 through 11 of the Public Records of biev and County,Pladds:thence S17°57'36"W,along said 13rosion Control Line,a tisanes of 770.71 feet,to a polut on the North boa attba South 330,00 hat of said OOVe®memt Lot 1; thaws S19'46'33"W. along said 'kWh ffie, a distance of 145793 feet,to a point on the West Tons timid Ovrarntscet Lot 1:theme S01 29'01"Fs along said Wad line and its South/4y wdemien,a distunon of sum feet.to a point on the North hue of lands desen'bed in Deed Book 177,Page 115 of the Public Roads of Erevan! County, Flodds; teem 459•45'43'60, along said Nod1► line, a distance of 45645 foot,to the North nst comer dull lsadsi dunce 400'2613"60.along the Went line avid lands„a distance of 102.77 feat,to•point on the Noah line of The Villages Of Soaped,A Condominium,as davaded in Wad Geoids Book 2593,Page 135 of the Public Records of Bxovaed Coady,Belida;Geoon 11119•52•21°W.along said Nasth goo,a d[staooe of 60315 fee*theme N01•29'01'W,a&atanea of 1,121.77 fad:thence NS9•45143"B,a.didanee of 627.44 fes*theme N01•29101'W,a distance of 500.12 feet. so the POINT OF BB '0;Containing 56.48 urea,mote to less. 1 1 i t IIIIII I CBs laprpios: 3980 1 2006 1 ff , • i i , I Page 9 of 15 Pages 1 6ZOZ h9A / 0?IN3S 669C teL TZC XVd ST:9T SOOZ/90/ZO , s 1 Exhibit B Oes iptton(Development Peroe11 The west 260 feet of the South 590 feet of the North 790 feet of Government Lot 1. Seglon 14,Towr>shlp 24 South,Range 37 East,Brewed County.Florida. I 1 . I Page 10 of 15 Pages IN ;(111111111111 1 CFN10051106 1 OR a ,o•: 3980 1 2007 SZO21 WA / 0}W3S Db9C teL TZC XVd 9T ST 9OOZ/80/ZO 1 . , : r 1 . .. . . . ---- .......... I . I I Exhibit C 1 . 1 Description of ihiscutatt:Melding Easement Area) 1 An easement for Ingress and Egress,lying in Section 14,Township 24 South,Ratage 37 . Bast,Brcyard County,Florida,being mace particularly descelbed as Sallows: Commence at the Northwest mow of Government Lot 1 of said Section 14; thence 1 501•29'01•13,along the West Has amid Government Lot 1 sod its lioutherkY=week;a 1 atm*of 1,32026 feet,to a point on the Nona line of leads&embed in Dead Book 1 177,Page US of the Public Records of Bayard County,Florida;thence SS3•45'43"W, 1 1 along the North line amid lends,a diktat*of 456.45 feet,to the Northwest coma of maid lands;then*S00°261531W„aloft the West line of said lands,a distance of.102.77 1 ., feet, twat point on the North line of The Villages Of Seaport, A Condombium, as I described in Medal Recants Book 2598,Page 135 of the Public Records of Brewed 1 County,Pleads;thence St19•5221W,along said No fine.a distance of 603.15 feet,to 1 the PONT OF MGM/NG of the herein demand easemen4 thence continue, s113•3221"W,along said Notth line,a agates of 25632 feet,to i point on the Bad line of the South 20 sores of the North 2$mos of the Southeast oncoquetter of the Northwest i moque:ter of said Section 14;thence 14101•29101"W,don said East Ike,a distance of i134.0 fed,to the Nottheast come of said South 2a saes;thence SSIP4S29V,along the Nadi fine of said South 72 amok a cadence of 1,274.14 feet,to a point on the East tight of way line of Stan Road 401;thence N06•37•3011,slang said Bast tight of way line,a distance tsf 100.79 feet,to e point 100.00 iket North of the Northline of said South 20 acres;thence 14119•4529•B,pallet with and 100.00 feet North of the North Ike of said South 20 acres,a Mance of 150.00 fee4 dunceS00•14.31M,a distance of 34.00 • fed, to a point 66.00 feet North of the North Hoe of said South 20 saw thence N89°45"29"E„pallid with and 66.00 feet Nadir of the North line of said South 70 ants, a distance of 1,131124 feet;theuee 847102911, a dhtence of 200.00 feet, to a pad 66.00 feet Notth of the North line teak Villages Of Seaport,A Coo.doniniunt;thence N39'32211E,parallel with and 66.00 feet North of the North line of said Villages Of Swoon,A Condemakhnn,a distance of 82.37 feel thence 1301°2911111, a&steam of 66.02 fed,to the PO=OP=CONNING;Containing 2.74 acres,more or less. , • - , Page 11 of 15 Pages 11111111 1111111110 CFN$0051188 ora acourveg. 3980 / 2008 ; . , M11111111■101111011.11=1000.111•1111111. — - 9Z 0 rei 1131 / OHN3$3 tt9C ?IL Ile XV3 9UST OOZ/90/Z0 SWIEWM1 0711711111116.1......•”.........■.■-.,-..-.•■■••■•=,-,- i A 1 Exhibit D Description of Basement(Now Easement Area) i An casement®t Tngrost and lost tying in Section 14,Township 24 South.Retie 37 Beat.Brcvard Cooney,Piedda,being more pertieoler1y described as follows: Commence at the Northwest corner of dovemawt Lot I of saki Section 14; thence S01 29'01"B,along the West line of said Ooveenment Lot 1 and Its So thedy atcoslon,a distance of 1,520.26 Poet,to a poke on the North line of lands drmelbod in Deed Book 177,Page 118 of the Public B.ecotds of Btovad Comity,Florida;theme S89°45'43'W. along the Noah line of add buds,a alert nee of 45645 feet,to the Northwest mats of old lands;thane 000•26'53"W,along the West line of said lands,a distance of 102.71 feet, tern point on the Noah line of The Villages Of Seaport, A Condominium, ss described In Official Reads Book 2598,Paps 135 of the Public Records of Bsevatd County,Melds;thence SSY522I"W,along said North line,a distance of 85927 beet,to a point on the East line of the Sexes 20 sores of the North 25 aerec of the Southeast ono. quarter of the Northwest one-goarter afield Section 14;theme N01•39'01'W,along said East lilt.a disWoe of 134.55 feet,to the Northeast easier of said South 20 urns;thews S89•4579"W,along the North line afield South 20 acres,a distance of 1,274.14 foes.to a point on die East right of way line of State Road 401;thence Nl6''5730"B,along said But tight of way line,ardistagee of 100.79 feet,to apoint 100.00 get North of rho North line of said South 20 awes, and the POINT OF B1h3DININO at the herein described easeme>oc thence castings,N06•5790"E,along said Bast sight ofway liner a distance of 34.27 feet,to a point 134.00 feet North of the North line of said South 20 anres;thence Nt °4S79"$, pawlkl with end 134.00 feet North off the North line of said South 20 I Amos,a distinct of 145.70.E thence 800•14'31"$a distance of 34.00 feet,to a point . 100.00 feet North of the North line of said South 20 agree;thence S89'4579'W,paudld with and 100.00 feat North of the Nor61line of said South 20 sears,a distance of 150.00 feet,to the POINT OP BEOThINNCl;Contskting 0.12 acres,more or less. . 4 I 1 4 1 4 Page 12 of 15 Pages iIllIhiIW111 csoa•9fi0511e6 OR oDowP,ce 3980 / 2009 i LZO(A PiN / 0MN36 tt9C ? L TZC XVd 9T:ST SOOZ/90/ZO i .ni .... 1.•■■••••■1.1.W•1■1,■,■,.......M....■•• ••■••••■•■•-- .....-....■-.. A Together With: An easement for Ingress and Egress,lying in Section 14,Township 24 South,Range 37 I Bast,Brevard County,Florida,being more partieanluly described as follows: i Commence at the Northwest comet of Government Lot 1 of said Section 14; thence S01°29'01613,along tbe'West line of amid Government Lot 1 and its-Southerly extension,a distance of 1,520.26 fiat,to a point on the North line of lands described in Deed Book 177,Pa8e 118 of the Pa1#e 8000'is of Brevard County,Florida;thence S89°45'43"W, along the North lino of said lands,a distance of 436045 feet,to the Northwest comer of I said lands;thence,900•26'53`W,along t e West line of said lands,a distance of 102.77 feet. to a paint on the North line of The Villager Of Seaport, A Ckndomirr,in. as described is Offidal Records Book 2598,Page.135 of the Public Roaosde of Brvvard County;Florida;thence 889052'21"W,along said North line,a distance of 603.15 feet; thence N01°29'01"W,s&sttaii m of 66.02 feet,to a point 66.00 feet North of the North line of said Villages Of Seaport,A Caodomioiam,and the PIT OP BEGINNING of the herein dosetibod ea+ameat;thence S89°S221"W,parallel with and 66.00 feet North of 1 the North line of add Viler Of Seaport,A Condominium, a distance of 82.57 feel Ithence N47•50291W,a distance a of•200.00 feet.to a point 66.00 feet North of the Noah line of the'South 20 arses of the North 25 acres of the Southeast ono-quarto:of the 1 Northam one-quarter of said Section 14;thence S89°45129"W,parallel with and 66.00 feet North of the North line of said South 20 sores,a distance of 1,138.84 DA theme N00•1431"W,a distance of 34.00 f ct,to a point 100.00 feet North of the North line of said Soeirth 20 sere:; thence N39•452931,patallel With and 100.00 feet North of the 1 North line of said South 20 sales,a distance of 1,152.03 fe% thence S47'50'29'%, a Astaaee of 200.04 feet,to a point 100.00 feet North of the North line of said Villages Of Seaport,A Condominium thence N89°5221%parallel with and 100.00 feet North of the North line of said Villages Of Seaport, A Condominium, a distance of 68.62 far%, 1 thence S01°29'01'T,a distago°of 34.01 feet,to the POINT OP BEGINNING;Containing 1.11 acres,more or less. t 1 1 1 a i 1 i I 1 1 1 Ilifigillinii Page 13 of 15 Pages cReookmaR• 3980 / 2010 1 s t ■Nowel ■IIIIIIIIIIIIIIM 810 KM / ORN3H tt9C t8L TZC XYd 91 SI SOOZ/80/ZO a - - . SKETCH TO ACCOMPANY DESCRIPTION _______4 Nor A BONNOR SURVEY f . I wow' sA % >� A 1 i '-- ' i f 4 s.a_,isle I ,s+ 11 Pow ourawc a YO Q rd ow%iAO S or SOPOic A GOOLWMXW OS O RCIAC Aapias BOOK sm. Ala. /.L5 1•• W�2r w 1 ■ y A PHIL RUFFIN I e .a A q ai ill • ,..., i SWAT Rof .2 $001411 I 421% 118uo ik Agitieering, Inc. POINT or BEVINNOC warms-IQ,raoim --_W6371_---_---=ME(07 s xi113.04091 i 81A1'�."AO 40g (.,,, 2. I. Piao7�a AM comity FOR a.ra rs-104-16 (aawrr e►: ao Reutr 'i18 NR MOr2I rime , OO• . i IMIIIu1IIiUIII + Page 15 of 15 Pages cFNseosiiee OR90 lPaea: 3980 / 2012 OCO� WM / OMN3fi 6 '9C 691.TZC XVd 9T:ST SOOZ/90/ZO•