Okaloosa County BOCC — April 1, 2014 — Development Agreement

DEVELOPMENT AGREEMENT - _ THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into this of May of July, . 2013, by and between the Okaloosa County Board of County Commissioners (the “Courity”) and Nature Lake of NW Florida, LLC a Florida limited liability company ( the “Developer”) for the purpose of establishing development rights of the Developer for certain real property located within the - ~ ‘unincorporated area of Okaloosa-County, Florida, as more patticularly described herein; providing’ _ __assurances to the Developer that it may proceed with the Project i in accordance with existing laws and policies subject to the conditions of this Agreement; and, insuring that this Agreement is in compliance - with applicable provisions of Sections 163, a 163. 3243, Florida Statutes, and bs Okaloosa County Comphennye: Plan. » ARTICLE L RECITALS WHEREAS, the intent of the Florida Local Government Development Agreement Act (the “Act”) is explicitly provided in Section 163.3220(2), Florida Statutes, which states as follows: (2) The Legislature finds and declares that: (a) The lack of certainty in the approval of development can result in a waste of economic and _ land resources, discourage sound capital investment planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. b) Assurance to a developer that upon receipt of his development order(s) he may proceed with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development. (3) In conformity with, in furtherance of and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972. it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. (4) This intent is effected by authorizing local governments to enter into development agreements with developers, subject to the procedures and requirements of ss. 163.3220- 163.3243. (5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. WHEREAS, the Okaloosa County Land Development Code has been adopted by Ordinance No. 91-1, as amended, and does contain Section 1.11.05 “Development Agreement” which specifically authorizes the County to enter into development agreements with developers; and Instr # 2870343 BK: 3107 PG:3784,Page 1 of 32 Recorded 07/23/2013 at 09:44 AM, CONTRACT # C13-2055-PW RECORDING: $145.50 RECORDING ARTICLE V: $128.00 NATURE LAKE OF NW FLORIDA, LLC. TRANSPORTATION INFRASTRUCTURE AGREEMENT EXPIRES: INDEFINITE DEPUTY CLERK KSCHOOLCRAFT DON W. HOWARD CLERK GF COURTS OKALOOSA COUNTY. FL WHEREAS, the Developer chin to develop.a 160-lot single family residential deviopmen project : which will be comprised solely of residential and ovegsory uses; and : wile g WHEREAS, the Devlager has control of a ont acre patel of; oe (the “Projpenty”) tocateil as more particularly described in Exhibit A, which possesses the required characteristics to accommodate the -' proposed general plan for development of the Property which has been. submitted by! the Developer under : the name of Nature Lake ( the ‘Project”); and . a can WHEREAS, the Property is currently zoned by the Coinity fox residential use ae the rolahonaed tas submitted a development order application with the County, which seeks to develop to an extent which is less than the maximum development density allowed for the zoning district; and : WHEREAS, the Project will be developed i in up to three (3) phases over a period of years rim therefore the Developer is desirous of agreeing upon and mensordallzing its development tants with regard to the Property in contractual terms; and - 2 WHEREAS, it is in the best interests of the County aad its citizens that the development of the Property be completed in a planned and orderly fashion giving consideration to the subjects addressed by this Agreement; and WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits to the County and its citizens which are acceptable to the Developer and acceptable to the County, and the Developer and the County have deemed it appropriate that the terms and conditions of their agreements be reduced to written form; and WHEREAS, the benefits to the County as a result of entering into this Agreement are unique to the particular circumstances of this Agreement; and WHEREAS, the Act provides a means for the Developer and the County to document the assurances sought by each and commitment to the terms and obligations of this Agreement; and WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes, the County has held two public hearings with respect to this Agreement, those being held on June 13, 2013 and July 2, 2013 respectively, with due public notice provided for each as required by law. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the Developer and the County enter into this Development Agreement and do hereby agree as follows: ARTICLE I. DEFINITIONS The following definitions shall apply to the terms and conditions of this Agreement. If a word, term or phrase is not defined in this Article, its meaning shall be as defined in the Okaloosa County Land Development Code. 2.1 “Comprehensive Plan” means the adopted Okaloosa County Comprehensive Plan, Ordinance No. 90-1, as subsequently amended. 2.2 “County” means Okaloosa County, a political subdivision of the State of Florida. 2.3 “Developer” means, Nature Lake of NW Florida, LLC Hine limited aby company, and its ~~ lawful successors in title and i interest, . 25 “Land Development Code” means the Okaloosa County Land Developinent Code, Ordinance No. 91-1, as subsequently amended. 2.6 “Maintenaince” means servicing, support, and upkeep of all snthiytrohure socviolig the Project. 2.7 “Owners Association” means the non-profit corporation established as a mandatory owners association for the governance of the usc of the property subject to this Agreement, 2.8 “Project” means the proposed reeldential development, Reinie Lake, ant alls suppoiting uses and amenities authorized by this Agreement, as more particularly described herein.” 2.9 “Property” means the real property more particularly described as Exhibit A upon which the .- Project will be developed. 2.10 _ “Right-of-way” means the area which may be dedicated to the County or such other governmental entity allowing access for public works, utilities, and public access, or to the community association for members’ use and access, ARTICLE I. ESSENTIAL REQUIREMENTS The essential requirements of law for this Agreement as prescribed by Section 163. 3227, Florida Statutes, are addressed as follows: a4 Legal Description - A legal description of the property to be developed subject to the terms and conditions of this Agreement is attached hereto as Exhibit A, and incorporated herein by reference. 3.2 Duration of Agreement - The duration of this 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. 33 Development Uses (a) The parties do hereby agree that the Developer intends to develop a residential development consisting of a maximum of 160 single family units and all associated roadways, stormwater treatment, landscaping, and other improvements as may be required by the Land Development Code; and could, but are not obligated to, build and develop accessory uses and structures including storage arcas, parking lots and/or garages. Building density shall be'no more than 4 units per acre, and building height shall not exceed 45 feet. (b) The Project described in section 3.3(a) may be developed in up to three phases through the term of this Agreement. Prior to the development of each phase, the Developer shall submit to the County all notices and/or contributions provided for in this Agreement. Development authorized by this Agreement shall be in conformance with the terms of this Agreement. The proposed phasing includes ninety two (92) lots for Phase 1, forty (40) lots for Phase 2 and twenty eight (28) lots for Phase 3. 3.4. - Public Facilities and Public Capaci ity Reservation - The Developer, at its expense, will supply adequate public facilities and services to serve the Project concurrent with the impact which creates the need for the following services: : @) Solid Waste Disposal - Collection service for the Project will be in accordance we the ‘franchise agreement between Okaloosa County and the mranel ave hauler,’ : : . (b) Stormwater Management — The Developer shall design and construct or cause to be _ constructed at its expense, a stormwater management system to serve all parcels within the project . boundary. All stormwater management system improvements located within the Project will be: (1) | designed and constructed to County and State standards and (2) all improvements located outside the boundaries of individual parcels which are not dedicated to the County will be maintained as common elements by the Owners Association. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Project unless it is dedicated as a public facility and formally accepted after the completion of the required bonding and warranty period. The project-wide system is intended to provide the primary treatment capacity for all development within the Project. . 3.5 Consistency - The development authorized by this Agreement is consistent with the goals, objectives, and policies of the Comprehensive Plan, and applicable development regulations in effect at ~~ aid time of the execution of this Agreement. 3.6 Required Permits - Developer shall obtain, or cause to be obtained, all requisite County permits © and authorizations to allow construction of the development contemplated herein including, but not limited to, an Okaloosa County Development Order, Okaloosa County Stormwater Permit, and an Okaloosa County Underground Utility Permit. Failure of this Agreemént to addiess a particular permit, condition, term or restriction, including permits or authorizations issued by agencies other than Okaloosa County, shall not relieve the Developer fiom the necessity of complying with the laws governing such permit requirement, condition, term or restriction. 3.6 Additional Conditions - The Developer, its successors and assigns, agree to provide all necessary facilities and services required for development of the Property in accordance with the terms of this Agreement, 3.8 The parties hereto do agree that the Developer may act in reliance upon this Agreement. Nothing herein, however, is intended to preclude the County from exercising its proper regulatory powers to protect the health, welfare, and safety of the public. ARTICLE IV, INFRASTRUCTURE CAPACITY 4.1 The Developer has submitted to the County a comprehensive Traffic Impact Analysis for the Project prepared by Innerlight Engineering Corporation, Inc. including land use and transportation capacity analysis data for the purpose of determining the impact the Project will have on the local roadway network, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. 4.2 The proposed trips resulting from the development of the Project exceeds the capacity available along segments of SR 85 and Airport Road. The parties have agreed that the Developer may address the capacity constraints in the impact area through an in-kind contribution of turn lane/roadway improvements along Lake Silver Road, as more fully set forth in section 4.4(a) below, and cash contr’ ibutions which the County will apply directly to the ongoing Fairchild Road Project, as set forth in _ section 4.4(b) and (c) below (collectively, the “Mitigation Payment”).. : 43 Th aiaateanutlbe of the Mitigation Payment, which provides value and capacity enhancement to the County roadway system, the County agrees to reserve a total trip capacity of 53 P.M. Peak’ Hourtrips ... - and 37 P.M. Peak Hour trips, respectively, in relation to the segment of State Road 85 (from Stillwell Boulevard to Old Bethel Road) and Airport Road which are to be primarily impacted by said tee 4.4 The ‘total budgeted constiuction cost of the Fairchild Road project is $2.5 million, which will’ create one thousand four hundred and forty (1440) trips. Based on the proportionate share of the total budgeted construction costs for the Fairchild Road project, the parties agree the Developer’s total Mitigation Payment amount is One Hundred Fifty Four Thousand and Eighty Dollars ($154,080), which ~ shall be paid as follows: a) Prior to the recording of the final plat for Phase 1, the Developer shall dedlge construct and dedicate a deceleration/turn lane from Lake Silver Road into the main entrance road of the development, The agreed upon value of this in-kind contribution is Fifty Thousand dollars ($50,000). b) Prior to the recording of the final plat for Phase 2, the Developer shall submit to the County payment in the amount of Sixty One Thousand Two Hundred Twenty Four dollars ($61,224), c) Prior to the recording of the final plat for Phase 3, the Developer shall submit to the County payment in the amount of Forty Two Thousand Eight Hundred Fifty Six dollars ($42,856). d) In the event the Developer chooses to develop the Project in less than shiv (3) phases, the payment due to the County will be pro-rated based on a ratio of the number of lots - requested to be developed. 4.5 The Developer shall provide improvements required to satisfy all traffic related operational considerations associated with the development, 4.6 The Developer shall construct or cause to be constructed a roadway system that will either be private or dedicated to the County within the Project, which will be available to serve all primary and accessory uses. As such, the roadway system shall either be owned and maintained as a public roadway system by the County or as a private common element of the Project by the Owners Association. The County will not be responsible for any construction or maintenance costs associated with the internal roadways of the Project unless they are dedicated to the County and formally accepted after the completion of the required bonding and warranty period. The roadway will be designed and constructed to County standards. As all roads will be low speed and low volume, all roads within the development shall be considered local roadways as defined in Section 6.03.03 C of the Okaloosa County Land Development Code. 47 The terms of this agreement shall not be construed to imply approval for water, wastewater, stormwater or solid waste concurrency nor shall it relieve the developer from complying with all applicable rules and/or regulations pertaining to this development. This agreement is applicable to only the specific items expressed herein and the Developer shall comply with all other requirements of the Okaloosa County Land Development Code in their effort to obtain development approval. ARTICLE V. AGREEMENT AND COVENANT. 5.4 By execution hereof, the County acknowledges and agrees that this particular Agreement will encourage proper use of the Property, promote economic use of land resources of the County, provide for public facilities and use, and encourage private participation i in the comprehensive planning process. The County acknowledges and agrees that it is exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits that are particular and unique to the circumstances underlying ~ aig Agreement. : . Oak This Agreement i is assignable by the Developer and shall be binding upon, and inure to the . benefit of, all heirs, successors and assigns of the parties hereto, - 53 To the extent that ‘is Developer fails to perform any of the actions or requirements contained in _ this Agreement, the County shall provide written notice to the Developer of his failire to comply with the terms of this Agreement: Within thirty (30) days of the receipt of such notice, and in the event that the Developer fails to cure such failure within thirty (30) days after receipt of such notice, the County shall _suspend and hold in abeyance all applications for or issuance of any development orders or building permits for the Project until the failure is cured and no further phases of the Project shall be reviewed, permitted, or otherwise approved. At such time as the Developer cures the performance failure then the review and processing of applications for a development order may resume. 5.4 Any notices required to be given or elected to be given by either of the parties pursuant to the terms of this agreement shall be deemed effective provided when placed in the United States Mail, certified return receipt requested, or placed in the hands of an overnight delivery service. “As to the Developer: (Name and Address) Nature Lake of NW Florida, LLC 4399 Commons Drive East Suite 300 Destin, FL 32541 As to the County: (Name and Address) Elliot Kampert Growth Management Director Okaloosa County, Florida 1804 Lewis Turner Bivd., Suite 200 Ft. Walton Beach, Florida 32547 And a copy to: (Attorneys) Steve Hall 4399 Commons Drive East, Suite 300 Destin, FL 32541 John Dowd 901 Eglin Parkway Shalimar, FL 32579 (SIGNATURES ON FOLLOWING PAGE) IN WITNESS WHEREOF, the parties have set their hands and seals this Hf Bey of July, 20 13 OKALOOSA COUNTY BOARD OF: ma es OF Signed, sealed and delivered in the presence of: Ao p.-Safed STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this _/ j his, of , 2013, by Daal fe Anas as Chairman of the OKALOOSA COUNTY BOARI) OF COUNTY COMMISSIONERS, on behalf of the Board, who is personally known to me. Hy, MARY L. CARSON tate of Florida é Gonmission E igsi ires: ie Ener he hd a woe My Commigsion Expires: j Bs Tv Te Fares oa Signed, sealed and delivered DEVELOPER in the presence of: . Nature Lake of NW Florida, LLC, a Florida limited liability company By: eet M Steven K. Hall, Esq. as agent for Craig J. Kru mber of Carson Holdings of Northwest Florida LLC, Manager ° STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this 3rd day of July, 2013, by Steven K. Hall as authorized agent for Craig J. Kruse, authorized member of Carson Holdings of Northwest Florida, LLC as Manager of Nature Lake of NW Florida, LLC who is personally known to me to be the person described in and who executed the foregoing instrument as a manager for a limited liability corporation organized under the laws of the State of Florida and authorized to transact business m the State of Florida. He has acknowledged before me that he executed the foregoing instrument as such office in the name and on behalf of the corporation. VICKISPRAY MY COMMISSION # EE 15117 EXPIRES: February 6,2016 {8 My Commission Expires: Donded Th Netay Pubts Under