Canaveral Port Authority Items 5.B and 5.C: Aquarium Access Easement and Development Agreement Amendment on October 28

The Canaveral Port Authority Board of Commissioners meets on Wednesday, October 28, 2026, at 9:00 a.m. Two items in the Real Estate section of the consent agenda concern the aquarium and conservation campus planned by the East Coast Zoological Society of Florida. Item 5.B would approve a temporary access easement to the society. Item 5.C would approve a Fourth Amendment to the Development Agreement that the port and the society entered into on October 6, 2021. Both items are subject to review and approval by General Counsel, and both would authorize the CEO or his designee to sign. The amended timeline sets a construction start deadline of no later than June 30, 2027, and a project opening deadline of no later than March 1, 2030.

The Aquarium Project and Its Agreements

The item 5.C cover page states that the 2021 Development Agreement covers the planning and future development of an aquarium and conservation campus dedicated to the Indian River Lagoon. The site is a parcel on the Banana River. The amendment describes the campus as open to the public and dedicated to education and the conservation of the lagoon.

The society is a Florida not for profit corporation based in Melbourne, in care of Brevard Zoo.

The Development Agreement has been amended three times. The First Amendment is dated August 17, 2022. The Second Amendment is dated September 25, 2024. The Third Amendment is dated December 11, 2024. The cover page states that these changes adjusted the schedule and clarified obligations as design moved forward.

The two parties also have a Ground Lease dated September 30, 2026. The draft minutes of the September 23, 2026, Board meeting show that the Board approved revisions to the ground lease under item 2.A by a vote of 5 to 0.

Item 5.B: A Temporary Access Easement

The item 5.B cover page states that access to the aquarium lease parcel will be through a future extension of George J. King Boulevard. The temporary easement is meant to allow construction of the aquarium before the road extension is finished. Once the extension is built, a permanent easement will replace the temporary one. The cover page lists no financial impact.

The draft Temporary Access Easement Agreement in the packet sets these terms:

• The port grants the society a non-exclusive easement for vehicle and pedestrian access to and from the leased project parcel.

• Both parties and their agents, contractors, guests and others may use it.

• Neither party may build or allow barriers in the easement that block access to the project parcel without written approval from both parties.

• The easement ends on its own when a permanent easement over the new roadway is recorded in the public records of Brevard County.

• The society may not assign the agreement without the port's written consent, and the port may not unreasonably withhold that consent.

• The society pays the cost of recording the agreement.

The stated payment for the easement is $10. The land lies south and west of State Road 528, also known as the Beachline Expressway. Exhibit B, the project parcel, is marked "to be attached" in the packet copy.

Item 5.C: Who Pays for the George King Boulevard Extension

The item 5.C cover page states that the amendment changes the port's share of the cost of the George King Boulevard extension and the project entry roads. Before, that cost fell under a shared infrastructure contribution capped at $3.5 million. Under the amendment, the port would pay the full cost of design and construction. The cover page lists a financial impact but does not state an amount.

A new Section 6.12 states that the port, at its sole cost and expense, will design and build the extension and the entry roads to the project's southern boundary. The extension may include a State Road 528 overpass, as described in Section 2.5 of the lease. The work would be built to "Port Standard," and the cost would not count against the $3.5 million contribution.

A rewritten Section 6.2 keeps the port's contribution of up to $3,500,000 for other infrastructure. It covers water, sewer and telecom brought to the property boundary where it meets the entry road. It also covers stormwater conveyance to an offsite pond under Environmental Resource Permit 05-0244902-001. The society builds these improvements and the port reimburses it. Payment is due within 30 days after the society substantially completes the work, delivers final lien waivers and sends a written request, among other conditions. The society pays for any upgrades and for its own access drive.

Steps the Port Would Take for the Road Work

Section 6.12 also lists steps the port would take to limit noise, light and other effects of the extension on the campus. During design, the port would share plans at major design stages and give the society a chance to comment on the road's alignment, layout and appearance. The port would also build measures into the design to improve appearance and reduce light and noise, at its own cost.

Before construction, the port would:

• Identify the number and location of parking spaces lost to the extension.

• Work with the society on an agreed plan to replace them.

• Design and build replacement parking at its own cost, ready when the aquarium opens.

• Grant the society a permanent easement or change the lease to include the land under the replacement parking.

During construction, the port would give the society staging space and temporary parking in the Future Development Area at no cost. It would also move affected utilities, repair any of the society's parking facilities that the work affects, and add wayfinding for the campus on the new roads.

The New Master Timeline

The amendment replaces Exhibit H, the Master Timeline. It marks site plan approval and the building permit submittal as complete. The new dates include these:

• Ground lease: executed September 30, 2026.

• Leasehold title insurance policy, provided at the society's expense: estimated for December 1, 2026.

• Construction start: no later than June 30, 2027.

• Entry road and George King Boulevard extension: completed no later than September 1, 2029.

• Construction complete: no later than October 31, 2029.

• Project opening: no later than March 1, 2030.

Proof of capital funding is due no later than two weeks before construction starts. The society's performance and payment bond is due before construction starts.

The October 28 Meeting

The agenda states that the meeting is open to the public. Public comment on the consent agenda comes before the consent agenda. A person who wants to speak fills out a Public Comment Request Card, found near the Commission Room doors, and gives it to the recording secretary. Each speaker has three minutes. Consent items pulled for discussion are voted on separately.

The Board will consider approving the temporary access easement and the Fourth Amendment to the Development Agreement with the East Coast Zoological Society of Florida. The Board meets Wednesday, October 28, 2026, at 9:00 a.m. in the Commission Room, 445 Challenger Road, Cape Canaveral.