Okaloosa County BOCC — October 7, 2014 — kp amend 1

AMENDED TRANSPORTATION INFRASTRUCTURE AGREEMENT This Amended Transportation Infrastructure Agreement is made and entered into as of the day of September, 2014, by and between Synovus Bank (hereinafter "Bank") and Okaloosa County, Florida, (hereinafter "the County") a political subdivision of the State of Florida. WHEREAS, Bank is the owner or agent for all that certain, real property located in Okaloosa County, Florida and more particularly described in Composite Exhibit "A" attached hereto (hereafter referred to as "the Property"), located on the north side of U.S. Hwy 98 between Triumph Drive and Kelly Plantation Drive, Destin, FL, and referred to as the Kelly Plantation commercial properties parcels 1A-2, 1B-1, [B-2, 3-B; and WHEREAS, Bank proposes to develop 44,105 square feet of commercial development consisting of retail, restaurants, banks, office buildings, or other uses (hereafter referred to as the "Bank Development”) on the Property; and WHEREAS, the Bank Development is expected to impact three segments included in the Okaloosa County Transportation Concurrency System. These segments include U.S. Hwy 98 from CR 2378 to Walton County Line, Commons Drive from Matthew Boulevard to Kelly Plantation, and Commons Drive from Kelly Plantation Drive to Indian Bayou Trail; and WHEREAS, Bank submitted and the County approved a Transportation Infrastructure Agreement on November 5, 2013, which was designated as Contract #C14-216-PW and is attached and incorporated herein (without enclosures) as Exhibit ''B"'; and WHEREAS, after review of the original traffic safety plan by Florida Department of Transportation (hereafter "FDOT”), the plan was modified to accommodate the required stormwater run off and permits were issued for both the drainage and driveway connection; and WHEREAS, Bank has prepared and submitted to the County an amended Traffic Impact Analysis (hereafter referred to as the "Amended Traffic Analysis") which has been reviewed and accepted by the County and is attached fo the original traffic analysis and incorporated herein as Composite Exhibit ''C'"'; and WHEREAS, the Amended Traffic Analysis shows that the impacted segment of U.S. Hwy 98 would operate at an acceptable level of service with the additional trips to be generated by the Bank Development. Furthermore, using the FDOT Generalized Tables indicates Common Drive has sufficient capacity for the Bank Development. However, using the City of Destin Interlocal Agreement/Unified Transportation Concurrency Methodology (UTCMS) shows that Commons Drive is over capacity; and WHEREAS, to mitigate this capacity deficiency on Commons Drive, the Bank will ensure the safety improvements and modifications (westbound right turn lanes) on U.S. Hwy 98 are built at an estimated total cost of $500,000.00; and WHEREAS, as part of the safety improvements, the Bank will ensure the design of the Bank Development complies with and has in place legally enforceable cross access connections as addressed in the variance attached and incorporated herein as Exhibit '"D"; and WHEREAS, other site-related operational improvements will be solely at Bank's cost and are not addressed herein; . Page | of 4 NOW, THEREFORE, the parties agree as follows: L, Recitals Incorporated, The foregoing recitals are true and correct and are incorporated as part of this Agreement. 2. Net Amount Due from Bank, Bank agrees to (or cause to be) designed and implemented certain roadway improvements and modifications described in Exhibit "E", The improvements are expected to be developed in conjunction with the site development of the parcels that are directly associated with the improvements, The improvements may be constructed in three phases as follows: Parcels Associated improvements Phase I Parcels 1A-2 & 1B-1 Commons #1 plus access road and FDOT #2 Phase II Parcel 1B-2 FDOT #1 and FDOT #3 Phase HI Parcel 3-B FDOT #4 3. Capacity to be Reserved. The County agrees to reserve 262 pm peak hour trips for the Bank Development as described in the Amended Traffic Analysis, The County agrees that Bank, in its sole discretion, shall be allowed to assign some or all of the 262 pm peak, hour trips to successors or assigns for the Bank Development, or for another project within the boundary of the Property. Provided, however, that if the 262 pm peak hour reserved trips is insufficient for build out of the Bank Development or other project within the boundary of the Property, Bank or its successors or assigns shal! apply for additional concurrency approval under then-existing traffic conditions and pursuant to the County concurrency management regulations then in effect before proceeding with such development. 4. Satisfaction of Traffic Mitigation Requirements, The County acknowledges and agrees that, upon execution of this Amended Agreement, and conditioned on the improvements being built, Bank shall be conclusively deemed, to have satisfied all requirements of the County Comprehensive Plan and the County land development code relating to the mitigation of traffic impacts, transportation concurrency, and/or financial feasibility for development that would generate a total 262 new pm peak hour trips located on the Property. 5. City of Destin Review, The County and Bank acknowledge that the connections to Hwy 98 are within the city limits of Destin, FL and the City must concur with the mitigation described herein. Accordingly, the Bank submitted this proposed mitigation to the city for review, Written confirmation that the City approved this project is attaches as Exhibit "KF". 6, Agreement Binds Successors and Assigns: Notice to Successors and Assigns. This Amended Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. A copy of this Amended Agreement and all exhibits shall be recorded in the public records of Okaloosa County with all recordation expenses paid by Bank; further, a copy will be provided to all successors and assigns. The Amended Agreement may be assigned by the Bank and any such assignment will be effective upon notice to the County. 7, Duration of Agreement, The duration of the Amended Agreement shall be for five (5) years commencing with the effective date of this Amended Agreement. This Amended Agreement may be extended by the mutual consent of the parties for an additional five (5) years. 8. Effective Date; Notices, This Amended Agreement shall be effective on the date of the last execution below. Notices required under this Amended Agreement shall be sent to the Page 2 of 4 following addresses unless written notice of change of address has been previously given: To the County: John Hofstad Okaloosa County Director of Public Works 1759 §, Ferdon Blyd Crestview, FL 32536 To Bank: Joseph Sumner REO Management & Disposition Officer; Synovus Bank 8025 Westside Parkway Alpharetta, Georgia 30009 With a copy to: William J, Dunaway Clark, Partington, Hart, et al. 125 W. Romana St., Suite 800 Pensacola, FL 32502 IN WITNESS WHEREFOR, the parties hereto have executed this Amended Agreement on the day and year set out below. Signed, sealed and delivered OKALOOSA COUNTY, FLORIDA In the presence of Print Name: Title: Date: STATE OF FLORIDA COUNTY OF SWORN TO AND SUBSCRIBED to before me this day of , 2014, by on behalf of OKALOOSA COUNTY, FL, who is: (notary must check applicable line) is personally known to me. produced a current driver's license as identification, produced as identification. [SEAL] Notary Public Commission No,: My Commission Expires: Page 3 of 4 Signed, sealed and delivered SYNOVUS BANK In the presence of Print Name: ape DP y Oe) Loa J /, > “ Title: Date: STATE OF _Qeomia COUNTY OF SWORN TO AND SUBSCRIBED to before me this _1Q day of , 2014, by Rebecca Eschbom on behalf of SYNOVUS BANK, who is: (notary must check applicable line) x is personally known to me. produced a current driver's license as identification. produced as identification. . entire, ay oy . Cee, * rn ae + PSOME Clan fof expires : 2 [SEAL] : | GEORGIA} = Notary Publ ash ot 22015 fe = Commission No.: ‘ SA My Commission Expires: 11/2 [15 Page 4 of 4 Composite Exhibit "A" Legal Descriptions ace ACA PROJECT # 13~5605-8 a/a/13 PARCEL 14-2; COMMENCE AT AN EXISTING CONCRETE MONUMENT (NO NUMBER) MARKING THE SOUTHEAST CORNER OF LOT 4, BLOCK 6 OF SILER BEACH SUBDIVISION AS RECORDED IN PLAT HOOK 4, PAGE 16 12 OF THE PUBUG RECORDS OF OKALOOSA GOUNTY, FLORIOA; THENCE PROCEED NORTH 03 DEGREES 58 MINUTES 48 SECONDS EAST ON THE EAST UNE OF SAID LOT 4, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 1177.28 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF FLORIDA STATE ROAD 30 A$RIGHT OF MAY VARIES); THENCE SOUTH 88 DEGREES 01 MINUTES 23 SECONDS FAST ON SAID CENTERLINE, FOR A DISTANCE OF 3848.75 FEET TO THE POINT OF CURVATURE OF A CURVE GONCAVE NORTHERLY, HAVING A RADIUS §720,68 FEET; THENCE GO ALONG THE ARO OF SAID CURVE HAVING A RADIUS OF 5729.88 FRET, THROUGH A CENTRAL ANGLE OF 3 DEGREES 20 MINUTES 30 SECONDS, FOR AN ARC DISTANCE OF 334.19 FEET (CHORD BEARING: SOUTH 87 DEGREES 41 MINUTES 38 SECONDS EAST, CHORD DISTANCE: 334.11 FEET): THENCE DEPARTING SAID GENTERLINE, GO NORTH OO DEGREES 38 MINUTES 07 SECONDS EAST, FOR A DISTANCE OF 100,00 TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD, BEING ON A GURVE HAVING A RADIUS OF 5829.68 FEET, THENCE GO ALONG THE NORTHERLY RIGHT~OF—WAY LINE OF SAID FLORIDA STATE ROAD, BEING A CURVE HAVING A RADIUS OF 8829.58 FEer AND GONCAVE NORTHERLY, THROUGH A CENTRAL ANGLE OF 3 DEGREES 20 MINUTES 30 SECONDS, FOR AND ARG DISTANCE OF 328,32 FEET (CHORD BEARING; N87‘*4{'38'W, CHORD DISTANCE; 328,28 FEET) TO THE POINT OF TANGENGY: THENCE GO NORTH 86 DEGREES 01 MINUTES 23 SECONDS WEST ALONG THE NORTHERLY RIGHT-OF—WAY LINE OF SAID FLORIDA STATE ROAD, FOR A DISTANCE OF 97.78 FEET FOR THE POINT OF BEGINNING; THENCE GO NORTH 86 DEGREES O{ MINUTES 23 SECONDS WEST ALONG THE NORTHERLY RIGHT-OF-WAY UNE OF SAID FLORIDA STATE ROAD, FOR A DISTANCE OF 236.20 FEET TO THE SOUTHWEST CORNER OF PARKWAY PARCEL 14-2 AS RECORDED IN OFFICIAL RECORDS HOOK 2948 AT PAGE 1183 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY FLORIDA; THENCE DEPARTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD, GO NORTH 03 DEGREES 58 MINUTES 37 'secaNos FAST, FOR A DISTANCE OF 289,51 FEET TO THE SOUTHERLY RIGHT~OF-WAY LINE OF COMMONS DRIVE WEST (RIGHT-OF-WAY VARIES); THENCE GO SOUTH 74 DEGREES 27 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY UNE FOR A DISTANCE OF 3.69 FEET YO A POINT OF CURVATURE) THENCE GO ALONG A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 528.00 FEET; THENCE GO ALONG SAID SOUTHERLY RIGHT—OF—WAY LINE ALONG THE ARG OF SAID CURVE HAVING A RADIUS OF 625.00 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 29 SECONDS FOR A DISTANCE OF 87.28 FEET (CHORD BEARING SOUTH 79 DEGREES 12 MINUTES 86 SECONDS EAST, CHORD DISTANCE OF 87.18 | THENCE GO SOUTH 73 DEGREES 22 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT—OF-WAY LINE, FOR A DISTANCE OF 52,00 FEET TO THE POINT OF CURVATURE OF A NON TANGENT CURVE BEING CONCAVE NORTH, HAVING A RADIUS OF 637.00 FEET: THENCE Go ALONG SAID SOUTHERLY RIGHT~OF-WAY UNE ALONG THE ARO OF SAID CURVE HAVING A RADIUS OF 837,00 FEET THROUGH A CENTRAL ANGLE OF +1 DEGREES 00 MINUTES 38 SECONDS FOR AN ARG DISTANCE OF 103,20 FEET (CHORD BEARING NORTH 86 DEGREES 03 MINUTES {8 SECONDS EAST, CHORD DISTANCE OF 105,04 FEEI); TO THE POINT OF REVERSE CURVATURE OF A GURVE HAVING A RADIUS OF 963,00 FEET BEING CONCAVE SOUTH, THENCE GO ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG THE ARG OF SAID CURVE HAVING A RADIUS OF 983.00 FEET THROUGH A CENTRAL ANGLE, OF 03 DEGREES 46 MINUTES 08 SECONDS FOR AN ARG DISTANCE OF 63.35 FEET gororo BEARING NORTH 81 DEGREES 26 MINUTES 02 SECONDS EAST, GHORD DISTANCE 63,34 FEET); THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE GO SOUTH 07 DEGREES 24 MINUTES 39 SECONDS EAST, FOR A DISTANCE OF 10.72 FEET TO A POINT OF CURVATURE) THENCE GO ALONG A CURVE GONCAVE WESTERLY HAVING A RADIUS OF 100,00 FEET, FOR AN ARG OF 97.068 FEET (DELTA = 56 DEGREES 07 MINUTES 38 SECONDS, CHORD BEARING = SOUTH 20 DEGREES 39 MINUTES 09 SECONDS WEST, CHORD DISTANCE » 94.09 FEET) TO A POINT OF REVERSE CURVATURE; THENCE Go SOUTHERLY ALONG A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 150,00 FEET, FOR AN ARO OF 117,13 FEET (DELTA = 44 DEGREES 44 MINUTES 20 SECONDS, CHORD BEARING = SOUTH 26 DEGREES 20 MINUTES 47 SECONDS WEST, CHORD DISTANCE = 114,17 FEET) TO A POINT OF YANGENCY; THENCE GO SOUTH 03 DEGREES 68 MINUTES 37 SECONDS WEST FOR A DISTANOE OF 90,87 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED PARCEL OF LAND BEING SITUATED IN TOWNSHIP—2~SOUTH, RANGE-22-WEST, OKALOOSA COUNTY, FLORIDA, AND CONTANS 1.67 ACRES MORE OR LESS. CC. EL ofe Ls E. WAYNE PARKER, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NUMBER 3883, CORPORATE NUMBER 7174 STATE OF FLORIDA NOT VALID WITHOUT ORIGINAL RAISED SEAL OF FLORIDA REGISTERED LAND SURVEYOR SHEET 1 OF 2 EES EE ER ee sie MERRILL PARKER SHAW, INC. DESCRIPTION/DESCRIPTION Sa rene AG nee —_ _ —_ PREPERED BY: AES, CHECKED BY: EWP SERED | [ Te ey ey SCALE 1":100' PROJECT # 13~5605-S SOUTHWEST CORNER OF PARKWAY PARCEL 1A~2 (Q.R. BOOK 2948, FACE 1183) Nee} NoRTHERLy w» RIGHT-OF Way Orsay wy CURVE DATA: COMMONS DRIVE WEST curve ova LENGTH: 83.38! CF b 103, RADIUS: 883,00" (RIGHT: - OF- WAY. VARIES) RAOIIS: 837.00" DELTA: o3°48'09” 87427'19"E DEUTA: 1 Voq'so" CH, BRO. Net26'02"¢ 3 69 PONT OF CH, BRC. NaS‘os'10"E CH, DISTANCE: 83,34" Ricans Ear CURVATURE CH, DISTANCE: 103.04 fee oy “po sony ay ] 2295 $0724'39°E | ta,72 + BY POINT OF REVERSE ! RADIUS! 526,00" CURVATURE | DELTA 09'31'20" NN _ | cH. BRO: S7at2'5ee CURVE DATA | hd CH, OISTANCE® 87,18 POINT OF REVERSE LENGTH: 97.00" | QURVATURE anos 100,00" . 1 56°07" PARCEL 1A~2 Gk eRe: saa'so'cow | PARCEL 14-1 is VACANT fuori ita CH, DISTANCE: 94.09" | 1,57 ACRES (US! 160,00" i Deltas 404670" PARCEL 181 | CH. BRO: S2e20'47°W | GH, DISTANCE: 114,17! | 223'W 28.20! US. HIGHWAY 98 27,78 CURVE DATA POINT OF BEGINNING LENGTH: 328.32 : FLORIDA STATE ROAD 50 mas $020 ce ’ i —~OF—' GELTA: 03°20'30" Qe (200' RIGHT-OF-WAY) CH. BRO: N87°41'30°W Fi Sa6'9}! EO ler CH, DISTANCE, 328.20" e8 [mr S08 UT 28'E saa zt > CENTERLINE op VSP \ * I 5 4 ATE ROAD $309 TT ed wR CURVE DATA = LENGTH: 334,15" RADIUS; 8725.48" pe ELTA: 03'20'30" ¥ CH, BAG! $a7°41'38"E CH, DISTANCE: 334,11" EAST UNE Jes POINT OF COMMENCMENT SOUTHEAST CORNER OF LOT Av TUOCH 6, SILVER SEAGH SUsDAGION aA ENTIRE, POINT OF TANGENGY 30.57" o/B/3 POINT OF NavO Say a, ~towya.. SHEET 2 OF 2 MERRILL PARKER SHAW, INC. PROFRASIONAL SURVEYING SERVICES DESCRIPTION/DESCRIPTION PARCEL 1A-2 Se A Te 1.67 ACRES PREPERED BY: AES, GHECKED BY: EWP ERIE cneamaaimnns EEO PROJECT # 13~5608-S 9/B/13 RIGHT OF WAY PARCEL: COMMENCE AT AN EXISTING CONGRETE MONUMENT (NO NUMBER) MARKING THE SOUTHEAST CORNER OF LOT 4, BLOCK 6 OF SILVER BEACH SUBDIVISION AS RECORDEO IN PLAT BOOK 1, PAGE 18 1/2 OF THE PUBLIG RECORDS OF OKALOOSA COUNTY, FLORIDA) THENCE PROCEED NORTH 03 DEGREES 58 MINUTES 48 SECONDS EAST ON THE EAST UNE OF SAID LOT 4, AND THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 1177.28 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF FLORIDA STATE ROAD 30 (RIGHT-OF-WAY VARIES)! THENCE SQUTH 96 DEGREES 01 MINUTES 23 SECONDS EAST ON SAID GENTERLINE, FOR A DISTANCE OF 3848.75 FEET TO THE POINT OF GURVATURE OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS 6720.58 FEET: THENCE GO ALONG THE ARO OF SAID CURVE HAVING A RADIUS OF 8729.58 FEET, THROUGH A CENTRAL ANGLE OF 3 DEGREES 20 MINUTES 30 SEGONDS, FOR AN ARC DISTANCE OF 334,18 FEET (CHORD BEARING: SOUTH B7 UEGREES 41 MINUTES 38 SECONDS EAST, CHORD DISTANCE: 334.11 FEET); THENCE DEPARTING SAID CENTERLINE, GO NORTH 00 DEGREES 3a MINUTES 07 SECONDS EAST, FOR A DISTANCE OF 100,00 FEET TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD, BEING ON A CURVE HAVING A RADIUS OF 5629.68 FEET, THENCE GO ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD, BEING A CURVE HAVING A RADIUS OF 5820.58 FEET AND CONCAVE NORTHERLY, THROUGH A CENTRAL ANGLE OF 3 DEGREES 20 MINUTES 30 SECONDS, FOR AND ARC DISTANCE OF 328.32 FEET (CHORD BEARING: N87"41’38"W, CHORD DISTANCE: 328.28 TO THE POINT OF } TANGENCY; THENCE GO NORTH 88 DEGREES 01 MINUTES 23 SECONDS WEST ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD, FOR A DISTANCE OF 333,98 FEET TO THE SOUTHWEST CORNER OF PARKWAY PARCEL 1A~2 AS RECORDED |N OFFICIAL RECORDS BOOK 2848 AT PAGE 1183 OF THE PUBLIG RECORDS OF OKALOOSA COUNTY, FLORIDA) THENCE DEPARTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FLORIDA STATE ROAD, GO NORTH 03 DEGREES 68 MINUTES-37 SECONDS EAST, FOR A DISTANCE OF 269.51 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COMMONS DRIVE WEST (RIGHT-OF-WAY VARIES); THENCE GO SOUTH 74 DEGREES 27 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE FOR A DISTANCE OF 3.89 FEET TO A POINT OF CURVATURE; THENCE GO ALONG A QURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 825,00 FEET; THENCE GO ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 828,00 FEET THROUGH A CENTRAL ANGLE OF 08 DEGREES 31 MINUTES 29 SECONDS FOR A DISTANCE OF 87.28 FEET (CHORD BEARING SOUTH 79 DEGREES 12 MINUTES GB SECONDS EAST, CHORD DISTANCE OF 87,18 FEET) FOR THE POINT OF BEGINNING; THENCE GO EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE BEING A CURVE ‘CONCAVE NORTHERLY AND HAVING A RADIUS OF 628.00 FEET FOR AN ARC OF 150,04 FEET (OELTA = 18 DEGREES 28 MINUTES 23 SECONDS, CHORD BEARING = NORTH 87 DEGREES 47 MINUTES 08 SECONDS EAST, CHORD DISTANCE = 160,42 FEET) TO A POINT OF REVERSE CURVATURE; THENCE GO EASTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE BEING A GURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 878,00 FEET, FOR AN ARC OF 96,94 FEET (DELTA = 05 DEGREES 41 MINUTES 47 SECONDS, CHORD BEARING = NORTH 82 DEGREES 23 MINUTES 52 SECONDS EAST, CHORD DISTANCE = 98,90 FEET)! THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE, GO SOUTH 04 DEGREES 45 MINUTES {6 SEGONDS EAST FOR A DISTANCE OF 0.76 FEET; THENCE GO SOUTHWESTERLY ALONG A OURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 18,60 FEET, FOR AN ARO OF 22,29 FEET (DELTA = 65 DEGREES 30 MINUTES 00 SECONDS, CHORD BEARING = SOUTH 52 DEGREES 20 MINUTES 48 SECONDS WEST, CHORD DISTANCE = 21.10 FEET); THENCE GO WESTERLY ALONG A CURVE GONCAVE SOUTHERLY AND HAVING A RADIUS OF 963.00 FEET, a FOR AN ARG OF 76.00 FEET (DELTA = 04 DEGREES 38 MINUTES 27 SECONDS, OHORD BEARING = SOUTH B1 DEGREES 62 MINUTES 11 SECONDS WEST, CHORD DISTANCE =: 77,68 FEET) TO A POINT OF REVERSE CURVATURE: THENCE GO WESTERLY ALONG A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 537,00 FEET FOR AN ARO QF 103.20 FEET (DELTA = 1{ DEGREES 00 MINUTES 39 SECONDS, CHORD BEARING = SOUTH &5 DEGREES 03 MINUTES 18 SECONDS WEST, CHORD DISTANCE = 103,04 THENCE GO NORTH 73 ORGREES 22 MINUTES 83 SECONDS WEST FOR A DISTANCE OF 62,00 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND BEING SITUATED IN TOWNSHIP-2-SOUTH, RANGE-22~—WEST, OKALOOSA COUNTY, FLORICA, AND CONTAINS 0.08 ACRES MORE OR LESS. E, Zh cL 9g eo VA 3 | E, WAYNE PARKER, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION NUMBER 3683, CORPORATE NUMBER 7174 STATE OF FLORIDA NOT VALID WITHOUT ORIGINAL RAISED SEAL OF FLORIDA REGISTERED LAND SURVEYOR SHEET 1 OF 2 or ERE AC eames MERRILL PARKER SHAW, INC. PROFEESIONAL SURVEYING SERVICES DESCRIPTION/DESCRIPTION Ae RIGHT-OF-WAY PARCEL | PREPERED BY: AES, CHECKED BY: EWP es rua PROJECT # 13-5605—S 9/18AS CURVE DATA: RANNSE O75.00 RADIUS: 975.00' : DRIVE WEST curve oma DELTA, 8 41"42" CENT eat CH, BRO: Nagtaa'sa"e RADIUS: 19,50" DELTA: 65'30'00* CH, BRG: 552'29°45°W GH, DISTANCE: 21,10" CUTRERLY t > RiGHT-OF-AY soe4s'1s"E OFS LENGTH: 190.64" (RIGHT-OF-WAY VARIES) ere eco’ Gre GISTMNGEY Seay S7427'11"E DELTA, 162823" “ 3,68 : 108% ee ART POINT OF CH, BRO. NA7°47'08"E Rann Ri OP tia, GURVATURE GH. DISTANCE: 1804 oe ) Jrone oF | / BEsINNING os { CURVE DATA | | \ curve nate: LENGTH: 74.00" j LENGTHY 87,28" CURVE DATA RADIUS: 903,00" i RAORISs 521.00" LENGTH: 103,20" DELTA O4'38'27* Bl DELTA: aoatz0" ——paniuss 637.00" GH, BRQ: S0152"11'W { 4 CH. BRG.: S70'12'S6"E DELTA: 17'0'30" 77 ot DISTANCE: 77.98° { Rl GH. DISTANCE: 87,18" Hl SRG, ses‘03'a*y i CH. DISTANCE: ie I PARCEL 14-1 Bi } ] fl / PARCEL 18+ | PARCEL 14-2 | 7 | -soumwest corner oF | | y t/ (ik Book 2046, Page 1183) | cd 7 ORTHERLY HR 5 wn ~~ Bory | POINT OF | Te ate t TANGENCY | V28W ISR US, HIGHWAY 98 ' CURVE DATA: ” Ly. wae FLORDA STATE ROAD 80 RADIUS, au26 | a0) @HT-OF— DELTA: 03'20'30" e: oH, Bra NaTA'seW BSI i S961’ cone GH, DISTANCE? 328,26" Be Fe SOR OP ETE . a +! CERNE Bee ~ an 5] STATE ROAD 39 ’ yd ; . GURVE DATA: LENGTHS 334.18! RADIUS: 672,55" DELTA: 03'20'30" CH, BRGt 887°41'3a"E CH. DISTANCE: 334.41" PAST UNE OF A 48°F 11772 / was Tov POINT OF COMMENGNENT SOUNEAST CORNER OF LOT 4, BLOCK 8, SLVER BEACH BUBOVISION SHEET 2 OF 2 SCALE 1": 100° MERRILL PARKER SHAW, INC, PROFESSIONAL SURVEYING SERVIORS DESCRIPTION/DESCRIPTION 478-4923 RIGHT-OF-WAY PARCEL 4928 N, Davis Kighwa: Phonat (889) Pensacola, Honda saG03 Foxr +d 7a~4024 RNS PREPERED BY: AES, CHECKED BY; EWP RCT ANCE “PARKWAY PARCEL 18: COMMENCE ATT-AN EXISTING CONCRETE MONUMENT (NO NUMBER) MARKING Tb SOUTHEAST CORNER OF LOT 4, BLOCK 6 OF SILVER BEACH SUBDIVISION AS RECORDED JN PLAT HOUR J, PAGE 46 1/7 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA: THENCE PROCEED A U3" it <1" & GN THE EAST LINE OF SAID LOT 4, ANO THE-NORTHERLY EXTENSION THEREGR, A DISTANCE Gk 1177.24 FRET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF FLORIDA STATI: RUAL 3U (RIGHT OF WAY VARIES); ‘THENCE $ 86" 01°23” & ON SATO CENTERLINE, A DISTANCE OF BEMU.75 FECT TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHERLY AND NAVING A RADIUS OF $729.58 FEET; THENCE ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 03" 20' 30", AN ARC DISTANCE OF 43415 REET, (CHORD BEARING = $ 87" 4130" &, CHORD » 334,11 FEET); THENCE DEPARTING SAID CENTERLINE, PROCEED N (00° 38° 07" E, A DISTANCE OF 100,00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY-LINE OF SAID FLORIDA STATE ROAD 30, LYING IN A CURVE CONCAVE NORTHEREY AND HAVING A RADIUS OF 5629,58 FEET, SAID POINT ALSO DEING THE POINT OF BEGINNING: THENCE ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 03" 20° 30", AN ARC DISTANCE OF "28,32 FEET, (CHORD BEARING # N 87" 41’ 30” W,-CHORD = 328.28 FEET}, TO THE POINT OF TANGENCY OF SAID CURVE! THENCE N 86” O1'23".W, A DISTANCE OF 29.90 FEET: THENCE OBPARTING SAID [UGH OF WAY LINE, PROCEED -N 03°'S8'37"-E, A DISTANCE OF 308;90-FEET TO A'POLNT ONTHE SOUT RIGHT OF WAY LINE OF COMMONS DRIVE WEST (RIGHT OF WAY WIOTH VARIES), LYING IN‘ CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 976,00 FEET: THENCE ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 20" 06°40", AN ARC DISTANCE OF 342.23 FEET, (CHORD BEARING « 5 Ha! J}' 33° £, CHORD = 340,48 FEET); THENCE DEPARTING SAID SOUTH RIGHT QF WAY LUNE, PROCEED $ QU" 38" G2" W, A DISTANCE OF 302.83 FEET TO THE POINT OF BEGINNING, PARKWAY PARCEL 313: a ’ COMMENCE AT AN EXISTING CONCRETE MONUMEN'T (NO NUMBER) MARKING THE SOUTHEAST ‘ CORNER OF LOT 4, ‘BLOCK 6-OF SILVER BEACH SUBDIVISION AS RECORDED JN PLAT BOOK 1, PAGE 16 1/2 OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE PROCEED N O3°5a4i" E ON - THE EAST LINE OF. SAID LOT 4, AND'THE NORTHERLY EXTENSION THEREOF, A DISTANCE OF 1177.28 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE GF FLORIDA STATE ROAD.30 (RIGHT OF WAY VAIUES); THENCE. 5 860125" B ON SAID CENTERLINE, A DISTANCE.OF 3944,75 PRET TO THE POINT QF GURVATURE OF A CURVE CONCAVE NORTHERLY AND MAVING.A RADIUS OF 9729.58 FEET; THENCE ON SATO CURVE, THROUGH A CENTRAL ANGLE QF 1490004", AN ARC DISTANCE OF 1400.1 FEET, (CHORD BEARING = N 86°59'35" £, CHORD » 1396.63 FEET), TO THE POINT OF TANGENCY OF SAID CURVE: THENCE N 79°R8'33""E, A DISTANCE OF 208.245 FEET: THENCE DEPARTING SAID _CENTEREING, PROCEED N 10°01!27" W, A DISTANCE OF 00.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID FLORIDA STATE ROAD 30, SAIO-POINT ALSO BEING THE POINT OF BEGINNING: THENCE N 20°r2'32" W, A DISTANCE OF 268,05 FEST TO-A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF COMMONS DRIVE WEST, LYING IN A CURVE CONGAVE NORTHERLY AND HAVING A RADIUS OF 686.00 FRET; THENCE ON SAID CURVE, THROLGH-A CENTRAL-ANGLE OF 06° b4'37", AN ARC DISTANCE OF 02.62 FEET, (CHORD.BEARING = NG7%49'06" E, CHORD » 92.50 FEET), TO THE POINT OF TANGENCY OF SAIO CURVE: THENCE N 6494148" E, A DISTANCE OF 157,66 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWRESTERLY AND HAVING A RADIUS OF 35.00 PERT; THENCE ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 96°57'57", AN-ARC DISTANCE OF 60.45 REET, (CHORO BEARING S G5%49'14" £, CHORD =» 53,21 FEET), TO A POINT-OF COMPOUND CURVATURE WITH ‘FH CURVED WESTERLY RIGHT OF WAY LINE OF KELLY PLANTATION PARKWAY, CONCAVE WESTERLY ANO HAVING A RADIUS OF 420.00 FEET: THENCE ON SAID CURVED WESTERLY RIGHT OF WAY LINE, ‘THROUGH A CENTRAL ANGLE OF 0G°r 849", AN ARC DISTANCE OF 46.28 FRET, (CHORD BEARING # § 13°0'S1".E, CHORD @ 46.26 FEET), TO THE POINT OF TANGENCY OF SAID CURVE; THENCE $ 10°O127" E, A DISTANCE OF 32,74 FEET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY LINE, PROCEED 5 B0°09'16" W, A DISTANCE GF 37.34 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 52,88 FEET; HENCE ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 92°01'40", AN ARC DISTANCE OF 84.93 FEET, (CHORD BEARING = $ 34°0GR6" W, CHORD = 76.00 FET); THENCE S 11°42'39" EB, A DISTANCE Of 79,5) FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE WESTERLY AND MAVING A RADIUS OF-49.61 FRET; THENCE ON SAID CURVE, THRQUGH A CENTRAL ANGLE OF 389712", AN ARC DISTANCE OF 33.15 PEET, (CHORO-BEARING = 8 07°25'57" W, CHORD = 32.54 FECT), TO A POINT OF COMPOUND CURVATURE WITH A.CURVE CONGAVE NORTHWESTERLY AND HAVING & RADIUS OF 174.4) FEET; THENCE GN SAIO CURVE, THROUGH A CENTRAL ANGLE OF 0994 4'03", AN ARC OLSTANCE OF 29:63 FEET, (CHORD BEARING = S 33°26°34" W, CHORD © 29.60-FEET), TOA POINT OF MEVERSE + CURVATURE WITH A CURVE CONCAVE BASTERLY AND HAVING A RADIUS OF 44,03 FEET THENCE ON SAIO CURVE, THROUGH A CENTRAL ANGLE OF 45°19445", AN ARC DISTANCE OF 44,06 FEET, (CHORD BEARING # 3 1338'43" W, CHORD = 37.01 FEET), TO A POINT ON THE AFORESAID NORTHENLY RIGHT OF WAY LINE OF FLORIOA STATE ROAD 30; THENCE $ 79°68'33" WON SAIO NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 156.05 FEET TO THE POINT OF BEGINNING, Exhibit "B" Transportation Infrastructure Agreement Dated 11/05/2013 " NOTE ~ DATE: ‘The Okaloosa County Board of County Commissioners did not consider this item until November 5, 2013 and did not enter into the agreement until that date, Teresa Ward, Clerk to RCC, TRANSPORTATION INFRASTRUCTURE AGREEMENT NOTE - DATE This Transportation Infrastructure Agreement is made and entered into as of the 30th day of July, 2013, by and between Synovus Bank (hereinafter "Bank") and Okaloosa County, Florida, (hereinafter "the County") a political subdivision of the State of Florida, WHEREAS, Bank is the owner of all that certain, real property located in Okaloosa County, Florida and more particularly described in Composite Exhibit "A" attached hereto (hereafter referred to as "the Property"), located on the north side of U.S, Hwy 98 between Triumph Drive and Kelly Plantation Drive, Destin, FL, and referred to as the Kelly Plantation commercial properties parcels LA-2, 1B-1, 1B-2, 3-B; and WHEREAS, Bank proposes to develop 44,105 square feet of commercial development consisting of retail, restaurants, banks, office buildings, or other uses (hereafter referred to as the "Bank Development") on the Property; and WHEREAS, the Bank Development is expected to impact three segments included in the Okaloosa County Transportation Concurrency System. These segments include U.S. Hwy 98 from CR 2378 to Walton County Line, Commons Drive from Matthew Boulevard to Kelly Plantation, and Commons Drive from Kelly Plantation Drive to Two Trees Road, WHEREAS, Bank has prepared and submitted to the County a Traffic Impact Analysis (hereafter referred to as the "Traffic Analysis") which has been reviewed and accepted by the County and is attached and incorporated herein as Composite Exhibit "B"; and WHEREAS, the Traffic Analysis shows that the impacted segment of U.S, Hwy 98 would operate at an acceptable level of service with the additional trips to be generated by the Bank Development. Furthermore, using the FDOT Generalized Tables indicates Common Drive has sufficient capacity for the Bank Development, However, using the City of Destin Interlocal Agreement/Unified Transportation Concurrency Methodology (UTCMS) shows that Commons Drive is over capacity, WHEREAS, to mitigate this capacity deficiency on Commons Drive, the Bank will ensure the safety improvements and modifications (westbound right turn lanes) on U.S, Hwy 98 are built at an estimated total cost of $517,596.00; WHEREAS, as part of the safety improvements, the Bank will ensure the design of the Bank Development complies with and has in place legally enforceable cross easement connections as approved by the variance attached and incorporated herein as Exhibit "C"; and WHEREAS, other site-related operational improvements will be solely at Bank's cost and are not addressed herein; NOW, THEREFORE, the parties agree as follows: 1, Recitals Incorporated. The foregoing recitals are true and correct and are incorporated as part of this Agreement, 2, Net Amount Due from Bank, Bank agrees to (or cause to be) designed and implemented certain roadway improvements and modifications described in Exhibit "D", The improvements are expected to be developed in conjunction with the site development of the parcels CONTRACT# 614-2116-PW SYNOVUS BANK KELLY PLANTATION RIGHT TURN LANES Page | of 4 EXPIRES: 11/05/2018 that are directly associated with the improvements, The improvements will be constructed in three phases as follows: Parcels Associated improvements Phase I Parcels [A-2 & 1B-1 Commons #1 plus access road and FDOT #2 Phase II Parcel 1B-2 FDOT #1 and FDOT #3 Phase II Parcel 3-B FDOT #4 and FDOT #5 3. Capacity to be Reserved. The County agrees to reserve 262 pm peak hour trips for the Bank Development as described in the Traffic Analysis. The County agrees that Bank, in its sole discretion, shall be allowed to assign some or all of the 262 pm peak, hour trips to successors or assigns for the Bank Development, or for another project within the boundary of the Property, Provided, however, that if the 262 pm peak hour reserved trips is insufficient for build out of the Bank Development or other project within the boundary of the Property, Bank or its successors or assigns shall apply for additional concurrency approval under then-existing traffic conditions and pursuant, to the County concurrency management regulations then in effect before proceeding with such development. 4, Satisfaction of Traffic Mitigation Requirements, The County acknowledges and agrees that, upon execution of this Agreement, and conditioned on the improvements being built, Bank shall be conclusively deemed, to have satisfied al! requirements of the County Comprehensive Plan and the County land development code relating to the mitigation of traffic impacts, transportation concurrency, and/or financial feasibility for development that would generate a total 262 new pm peak hour trips located on the Property. 5, City of Destin Review, The County and Bank acknowledge that the connections to Hwy 98 are within the city limits of Destin, FL and the City must concur with the mitigation - desoribed herein, Accordingly, the Bank submitted this proposed mitigation to the city for review, Written confirmation that the City approves this project is attaches as Exhibit "0", 6. Agreement Binds Successors and Assigns; Notice to Successors and Assigns, This Agreement shall be binding upon and inute to the benefit of the parties and their respective successors and assigns, A copy of this Agreement and all exhibits shall be recorded in the public records of Okaloosa County with all recordation expenses paid by Bank; farther, a copy will be provided to all successors and assigns, The Agreement may be assigned by the Bank and any such assignment will be effective upon notice to the County, 7. Duration of Agreement, The duration of the Agreement shall be for five (5) years commencing with the effective date of this Agreement. This Agreement may be extended by the mutual consent of the parties for an additional five (5) years, 8, Effective Date; Notices, This Agreement shall be effective on the date of the last execution below. Notices required under this Agreement shal! be sent to the following addresses unless written notice of change of address has been previously given: To the County: John Hofstad Okaloosa County Director of Public Works 1759 S, Ferdon Blvd Crestview, FL 32536 Page 2 of 4 To Bank: Ken Daniel Asset Manager; Synovus Bank Post Office Box 1747 Athens, GA 30603 With a copy to: William J, Dunaway Clark, Partington, Hart, et al, 125 W, Romana St., Suite 300 Pensacola, FL 32502 IN WITNESS WHEREFOR, the parties hereto have executed this Agreement on the day and year set out below, Signed, sealed and delivered In the presence of, (or Deedly Lek OKALQOSA- Print Name: Title: _ ? eA aed! Date: “yy SS, das3 STATE OF FLORIDA COUNTY OF Mi Mehdi. _: ' lane, AND SUBSCRIBED to before me this BE ay ot Beare, oa2013 by Ceernan 4 UC Lon behalf of OKALOOSA COUNTY, FL, who is: (notary must check applicable life) 7! “is personally known to me. ptoduced a current driver's license as identification. produced as identification. alii, MARY L. CARSON Lay. LA ‘e Me, * 1 Ni Pubke te B) Eye Dooenbir 2016 1 Comcrech Toa Expltes Oocam 78,2018 sf Commissioh/No.: My Commission Expires: [SEAL] Page 3 of 4 Signed, sealed and delivered SYNOVUS BA ae In the presence of ied 7775 Y ie pecee Qk PrintName_ A. 70 Aeweie Deuiet Q Cheney ‘Ovaly Title: Spesiel) leaneks Olkete. Ct/ Date: 10 fa Le STATE OF Geena : COUNTY OF _ “Trees : —? INE, SWORN TO AND SUBSCRIBED to before me this 23 tay of Ocho bathe. , 2013, by nw enzie MAdsicf on behalf of SYNOVUS BANK, who is: (notary must check applicable line) we is personally known to me, produced a current _ driver's Hcense as identification, ISBAL] produced as identification. pro, Oudices Notary Public Commission No.: tei, Page 4 of 4 Composite Exhibit "C" Original & Amended Traffic Impact Analysis Southern Traffic Services, Inc. Gulf Bronze, Florida Tallahasses, Morids Tampn, Horldn Baton Rouge, Louisiana Goorgetown, Toxas Frankfort, Kentucky Atlania, Georgia July 15, 2014 Joe P, Poole, P.E. 2943 Golden Eagle Drive Tallahassee, Florida 32312 Ms, Marissa L. Martinez Okaloosa County Department of Growth Management 1804 Lewis Turner Boulevard, Suite 200 Fort Walton Beach, Florida 32547-1285 RE: Revision - Kelly Plantation Parcels Traffic Mitigation, Okaloosa County Project on Commons Drive, Destin Project Number: 13-12-0K, Dear Ms, Mattinez: On May 8, 2013, Edwin Sanguyo and I had a telephone discussion about the total project trip calculation for the Kelly Plantation Parcels project, Mr. Sanguyo clarified the County’s position regatding vested trips, The total project trip value is the critical one in determining the total vested trips for a project not the entering or exiting trlp values for each parcel, Based on this information the project trip generation summary was revised as follows; Previously Submitted Trip Generation Summary Ms, Martinez Kelly Plantation Parcels - Revision July 15, 2004 Page 2 of 2 Revised Trip Generation Summary The change results in less trips than reflected in the study dated May 1, 2013, Since the revised total project trip generation value is less than the previous one and the submitted SYNCHRO tesults show US 98 would operate at an acceptable level of service, we agreed no additions to the report are necessary, Due to the design impact of the westbound right turn lane on US 98 for Parcel 3B-2 the construction of this turn lane is not feasible, This change does not have any impact on the traffic impact analysis, except the trip distribution diagram was revised to reflect the re-distribution of the 5 project trips using this access. The trips would now enter the access for the adjacent parcel (to the west), If you have any questions, please contact me at (850) 449-0807, Sincerely, C200 Joe P, Poole, P.E, Transportation Engineer Joe P;-Poole, BLE /. BU PR #42038 Southern Trafe Services, Inc, i FL License No.: 00007809 DEV 4. Southern Traftle Servives, fie, 2943 Golden Eagle Delve, Tallahassee, Florida 32312 Telephone (850) ag 725 rx (850) 681-6726 peor Pproy Ssswoy Proxy ssaoay wae ina nonemetd Ane St aALigy saomTMED, SL aasag siourno:) n Zz peoy qemu a as <_— _ oH —_ HO — si — — — — — a 0% Sz Z i ea fea iP a li , ir £ - ——t: rid addoys a j ¥ UrUReR A /SSPILA vom, : t 6 wonsenu0: tL anya, al _ 46 . act > 0 aa = Zo aa LE v fi, fc; & a 3 . — al ad GC «tt <—_ ¥ td — +— — pe si __t — tf__4 4 — C a zt zw Ly se /z 6z Zz LF o saquap Surddoyspeqseyy ysary yodeqi emoyy | 230 Coke PLOT “Or Ame eplioyy ‘Syunop esoopeyo. ALI SHOUMO: *F 36 SA nonequepy Ayony Je sporng Semyrey wosi4ey DouRGLOSiC dey Moy yerg HAL Southern Traffic Services, Inc. Gulf Breoze, Florida Tallahassee, Florita . Tampa, Florida Baton Rouge, Loulslana Georgetown, Texas Frankfort, Kentucky Adanta, Georgia May 16, 2013 Joa P, Poole, P.E. 2943 Golden Eagic Drive Tallahassee, Florida 32312 Ms, Marissa L, Martinez Okaloosa County Department of Growth Management 1804 Lewis Turner Boulevard, Suite 200 Fort Walton Beach, Florida 32547-1285 RE: Kelly Plantation Parcels Traffic Mitigation, Okaloosa County Project on Commons Drive, Destin Project Number: 13-12-0K Dear Ms, Martinez: On May 8, 2013, Edwin Sanguyo and I had a telephone discussion about the total project trip calculation for the Kelly Plantation Parcels project. Mr. Sanguyo clarified the County’s position regarding vested trips. The total project trip value is the critical one in determining the total vested trips for a project not the entering or exiting trip values for each parcel, Based on this information the project trip generation summary was revised as follows: Previously Submitted Trip Generation Summary Ms. Martinez Kelly Plantation Parcels May 16, 2013 Page 2 of 2 Revised Trip Generation Summary The change results in Jess trips than reflected in the study dated May 1, 2013. Since the revised total project trip generation value is lesa than the previous one and the submitted SYNCHRO results show US 98 would operate at an acceptable level of service, we agreed no additions to the report are necessary, If you have any questions, please contact me at (850) 449-0807, Sincerely, e P, Pools, P.E, trector of Transportation Engineering Southettt Traffic Services, Inc, FL License No,: 00007809 1h a Southern Trafflo Services, Ino, 2943 Golden Bagle Drivo, Tallahassee, Florida 32312 Telephone (850) 681-6725 Fax (850) 681-6726 4407 vaLIC MsonDIy, Pag Avg ERED PROS SRT peoy pioaary 1 er0NS IO a 81 a g 9 s Ld <_ + <q —_ + + << 36S | —> —_> — _ — —> — a6s0\ gy at é | 9 ri z 9 wg 86 SQ) pue prog —_— w el z + <_ <. 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IS HEREBY GIVEN that the Okeloosa County Board of Adjustment has granted a varinnce from Sectlons 6,03,08 (A); Section 6.08.03 (B) and Section 6.08.03 (G) Okaloosa Counly Land Development Code, Ordinance 91-1, as amended, Section 6.03.08 {A) Access points shall be located no closer than six hundred sixty (660) feet apart measured from center Iine to center line of the driveway, from 660" to 319.54" front the now “Comunons Drive Comnection #1" lo the new “Commons Drive Connection #2” and thal the allawable connection distance be decreased ftom 660' to 280.23 ‘from the new “Commons Drive Connection #2 ta the exit lanes of the Home Depot, from 660° to 346,64" from the entrance lanes of the Home Depot lo the new "Commons Drive Connection #3" and from 660° to 315.24* ftom the new “Commons Drive Connection #3” to the existing Commons Drive Access Rond (east of the existing Osaka Restaurant), Irom 660° fo 241.81* from the existing Commons Drive Access Road (cast of the oxisting Osaka Restaurant) to the new “Commons Drive Connestlon #4" and from 660° to 319,62' from the new “Commons Drive Connection #4” to the existing Kelly Plantation One- Way Exit Drive; Section 6.08.03 (B) Median cuts hall be located no closer than 1,320" apart measured from center line to center Ine of the roadway, from 1,320° to 536.04" from the Triumph Road Access Road (roundabout west of Home Depot) to a new “Commons Drive Connection #1" and from 1,320° to 599.77" from the new “Commons Drive Connection #1" to the exit lanes of the Home Depot; Scetton 6.08.03 (Q) This ordinance is new intended to deny access to any existing lot, parcel or tract of fand for which the only means of access to tho same would be by the limited access road, but Is intended to limit further divisions Into parcels or lots unless compliance herewith is accomplished, to subdivide the five existing parcels into a total of 8 parcels, The property is zoned RESIDENTIAL GENERAL DEVELOPMENT DISTRICT (RGD} and the Future Land Uso Map Designation is Mixed Use-2 (MU-2). A general location of the property is Parkway Parcels 1A-1, LA-2, [B, 1C, 2A, Osaka Restaurant, 3A & JB on Commons Drive between Trumph Road Accoss Road and Kelly Plantation Exit Lanes, within Kelly Plantation, Destits, Florida, On that certain real property desertbed as: 00-28-22-0000-0001-A220 & 00-2S-22-0000-0001- ALlIW LEGAL: Seo Attached “Exhibit A” ‘The Board of Adjustment has Found that this relaxation of the terms of the zoning ordinance will nol be contrary (a the public interest and the Comprehensive Plan and owing to conditions peculfar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result In unnecessary and undue hardship, Snid variance ts granted subject fo the following conditions and safeguards: Cross Access agreements shall be required between Parkway Parcels 1A-1, 1A-2, IB and IC, Parkway Parcel 2 and the Osaka Restaurant and between Parkway Parcels 3A and 3B, ‘The cross access casement shall be a blanket easentent, This vartance does not constitute approval of any connectlou to State Highway 98. This varlance does not grant a subdivision of the property, PASSED AND ADOPTED the 11 Qornay 2007, we & “Ch airman Board of Adjustment The foregoing Instrument wag acknowledged before me this ? day of buguate 2007 by Bhenat Caw) who [s personally known to me and who did not take an oath. hte Lables 89h, Teresa A. Mulling NOTARY PUBLIC H is Gommisslon # 00515202 x 1 2010 2//2a0 Yl Expos February & 2010 My Commission Expires: Exhibit "E" Site plans & Roadway improvements MEMORANDUM TO: Marissa Martinez, Planner III Growth Management Dept. FROM: Edwin S, Sanguyo, P.E., Engineer III Public Works Department DATE: July 24, 2014 SUBJECT: Transportation Safety Upgrade @ Kelly Plantation SR cS Plans reviewed with the following comments and/or conditions: 1, Traffic concurrency requirements of the commercial parcels (1A-2, 1B-1, 1B-2, and 3B) are met through the Okaloosa County BCC approval of the proposed transportation infrastructure agreement (Nov. 5, 2013), The Transportation Infrastructure Agreement and/or potential traffic impact of the proposed project has been approved by the City of Destin (Okaloosa County/City of Destin Interlocal Agreement, July 2002), Stormwater Management Plans demonstrating conformance with Chapter 6, Section 6.06.00 of the Okaloosa County LDC and all appropriate construction drawings shall be provided for the development plan review and approval of each phase of construction, All roadway improvements that will be dedicated to Okaloosa County are required to enter the eighteen (18) month warranty period and must meet the requirements of Section 6.01.053 and Section 6.03.14 of the Okaloosa County LDC. The minimum right-of-way width shall be fifty feet (50’). Okaloosa County BCC approval of the proposed transportation safety upgrade amendment (removal of FDOT #5) shall be required prior to the development approval of Phase 3B, Permits required by the FDEP, FDOT, and any other agencies exercising jurisdiction shall be obtained prior to start of construction of each phase of development. Plans APPROVED 7/24/14, fess Ce: Matthew R, Parker, P.E., JP Engineering Jason T, Autrey, P.E., County Engineer a pete r ot ‘ VME AUNIDIA She 20 ALND SOLOW 20 EAOH ZU Nee SALA WHEON OL KMG AP TES Sa TE oe Bol TON TI ANIA MEN Dee Annas aowriens mise SER ewes Sey meee mone el sere ore aneo arm id E on See snout Sanat Ow Avacvee foes ‘sez son hone rane HL = e sromermn nausea Fae NIN Sha Do a IT Oe GEN oh Pt ede le uno amioweg ATEN Senet ea, Hoe (05 aA} O 3S BTN OS AVRIDIY “ST ONOTY EA ONY ASV JONG IHD IHL oe SRRLNCO NOSOKG ANDES cat et SENS —ae coneThT 8 Fn GatacOs ROMS SENG OR eauven wens GN NaEAD Joon mt Bae sens amen EE pigpen meine Be ay sawzry dias muy zo ver once onl, H seyamnne ow cower 39 ume. 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Saeeee Tree ST . aa a, (oLaaankgic A } = bog BEI - ae ee opal el PP : ze im ee Oe SS ge Wy _ MeL BT PP het Le zs sisseomofal [oman nore PAG | b nent mid sg Sen Paemenenmy ‘al? ES Ee : if ff ~ g NESE CO 1 i At la soxsgaeny Res, BNOrosH poesia ae ) overran SUG dor yy ) a at S&S TTT Exhibit "F" City of Destin Approval of Traffic Plan > Community Development Planning Division 4200 Indian Bayou Trall | Destin, FL 32541 | Phone: 850-337-3123 | Fax: 850-837-7949 |www.cityofdestin.com September 17, 2013 Ms. Marissa L. Martinez Okaloosa County Department of Growth Management 1804 Lewis Turner Boulevard, Suite 200 Fort Walton Beach, Florida 32547-1285 Subject: Kelly Plantation Parcels Traffic Mitigation an Okaloosa County Project, Commons Dr Destin Project Number: 13-12-OK Dear Ms. Martinez: The Planning Division has reviewed the revised Transportation Infrastructure Agreement dated July 30, 2013 and received by the City of Destin on September 4, 2013, The City of Destin Planning Division approves this profect and has no objection to the revised Transportation Infrastructure Agreement and the potential traffic impacts of the proposed project as presented in the May 1, 2013 Traffic Analysis by Southern Traffic Services, Inc. The City of Destin offers the following comment regarding the Traffic Analysis: The ITE Trip Generation Manual “Users Guide and Handbook” (9" Edition) establishes a pass-by rate for Land Use Code 932 (High-Tumover (Sit-Down) Restaurant) at 43%, The applicant is using a maximum pass-by rate of 25% based on the Okaloosa County Land Development Code and Inter-Governmental Technical Review Committee (ITRC), So long as the 25% pass-by rate is an acceptable figure within established County requirements, then the City of Destin has no objection with the applicant using this rate, The City of Destin has been paid in full for the cost of our traffic consultant reviewing this project, Ifyou have questions or need further assistance, please do not hesitate to call me at (850) 337-3130. Sincerely, be efi David M, Forstrom, CFM Planner & Stormwater/Flood Plain Manager cet Project File & Letter Log