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

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,