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Home My WebLink AboutRE Moving Permit application for Cape Shores before the Feb 16 deadlineGood morning Dave, What is your availability to discuss this today? I’m not sure what is meant by the statement in Mr. Baugher’s correspondence that BB will “file a new legal description” during the site planning process “so the new lots will follow city recording requirements.” My initial question is what are the proposed new lots, and is Mr. Baugher aware of the City’s platting requirements which may be applicable depending on what exactly is being proposed? As we’ve discussed, the February 16th deadline between the private parties. I will call you to discuss the details of the proposed BDP between the City and Mr. Baugher. Thanks, Kimberly Romano Kopp, Esq., LEED AP Brown, Garganese, Weiss & D’Agresta Senior Attorney 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, February 09, 2015 9:32 AM To: Anthony A. Garganese; John Cunningham; Kim Kopp Cc: Todd Morley Subject: FW: Moving Permit application for Cape Shores before the Feb 16, deadline Good morning folks. Please find attached documents that Bob Baugher has prepared for purposes of formalizing several items that need to be addressed as part of the extended Cumberland Farms project. In summary, B&B Enterprises, the owner of the land where the proposed CF project is located, entered into a Binding Development Plan (BDP) with Cape Shores that stipulates certain actions of the respective parties. The main motivation of the Cape Shores folks is to erect a fence and gate generally along their south property line. Per the BDP, Cape Shores has until March 16th to determine if the City will issue necessary permits related to the fence and gate (see Paragraph 5 of the attached BDP). However, the CCV Fire Department has determined that certain improvements need to occur prior to the erection of the fence/gate, which once erected, will eliminate access to two structures on the B&B property currently accessed through the Cape Shores property. John Cunningham has met with Bob Baugher and agreed to certain improvements that need to be made whereby an alternative access can be provided via Holman Road. The improvements are of a nature that they will not be completed by the d/l of Feb 16th established in the BDP. Therefore, the attached documents have been prepared to provide the City with assurances that the improvements will be completed so that the City can provide Cape Shores with the reassurance it needs prior to Feb 16th. Ok, enough background….I would like you to review the attached documents to determine what revisions need to occur to provide the City with proper safeguards so I can write the Cape Shores folks a letter indicating the City will issue the needed permits. Obviously my letter will not provide them a guarantee but rather an assurance that if the applicable rules/regulations are complied with…….. If I have not heard from by tomorrow, mid-day, I will follow-up. Please let me know if you have any questions. Dave From: Bob Baugher [mailto:bbaugher@cocoabeachsurf.com] Sent: Monday, February 09, 2015 8:50 AM To: Todd Morley; David Dickey; Michael German Cc: Philip Nohrr; 'Zach Middlebrooks'; Donald J. Cuotto; billmoberg@aol.com <mailto:billmoberg@aol.com> ; Debbie Knight; Cliff.Repperger@gray-robinson.com <mailto:Cliff.Repperger@gray-robinson.com> Subject: Moving Permit application for Cape Shores before the Feb 16, deadline All: Attached are 3 PDF. PDF # 3391 is a letter from B & B to the above City officials trying to resolve and memorize the issues. I hope that letter is enough to move forward. If not I have attached PDF # 3392 which is a Binding Development Agreement between B & B and the City that address the same thing the letter did in a more binding legal document. PDF #3393 is a copy of the BDP between CS, B & B, and CF. This document is only my working copy because I never got a completely signed copy back from Phil Nohrr office yet. I have requested this document this morning. I also have left off some attachments to these above referenced PDF’s- will hand deliver these attachments with original letter to city by end of day today.. I am sending this email out this morning so I could move the ball into the city’s court in hopes of resolving before deadline of the 16th of February. I’m in a CAC/TAC meeting this morning but will be checking my emails or contact Debbie Knight in my office, email above, or phone her 321-693-0105 if you have questions that need addressing before noon- after that I am available by phone-321-693-0095. Bob ** Please note that my email address has changed. My new email address is bbaugher@cocoabeachsurf.com <mailto:bbaugher@cocoabeachsurf.com> . Please update your address book and begin using this new email address. ** Bob Baugher Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing