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

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