Southern Trace
SOUTHERN TRACE DEVELOPMENT AGREEMENT
This Development Agreement is entered into this day of January 20, 2009 by and between
the City of Okeechobee, a municipal corporation under the laws of the State of Florida,
having its principal office at 55 S.E. 3rd Avenue, Okeechobee, Florida 34974 hereinafter
("City"); and InSite Development Group, a Florida Corporation, hereinafter ("Developer"),
a Florida corporation, whose address is 3201 South Ocean Boulevard, Apartment 1202,
Highlands Beach, Florida 33487-2571.
WHEREAS, the City of Okeechobee is authorized to enter into a Development Agreement
to promote certainty in the development approval process, strengthen the public
planning process, encourage sound capital improvement planning and financing,
assist in ensuring that there are adequate capital facilities for the development,
encourage private participation in comprehensive planning, and reduce the
economic costs of development; and
WHEREAS, the Developer owns a 25.11 acre development located in Section 15,
Township 37 South and Range 35 East in Okeechobee, Florida, legally described
on the attached Exhibit "A", on which the developer intends to develop a multi-family
residential project known as Southern Trace (hereinafter "Property"); and
WHEREAS, the City acknowledges that the proposed development of the property will
benefit the City's residents and is an appropriate use of the property; and
WHEREAS, the Parties wish to establish by agreement the terms under which the property
may be developed; and
NOW, THEREFORE, in consideration of the covenants and conditions contained herein
and of benefits accrued to each party, the City and Developer agree as follows:
1. Recitals. The foregoing recitals are assumed correct and are hereby
incorporated herein by reference. All exhibits to this Agreement are hereby
deemed a part hereof.
2. Property Subject to this Agreement. The property described on the attached
Exhibit "A" is subject to this Agreement.
3. Ownership. InSite Development Group/Irving Haase, a Florida Corporation,
represents that it is the fee owner of the property and as such may lawfully
enter into this Agreement.
4. Consistency with the City's Comprehensive Plan. The City has adopted an
amendment to the Future Land Use Map to redesignate the Property from
Single Family to Multi-Family. Since the Amendment has become effective,
the development permitted by this Agreement is consistent with the City's
comprehensive plan.
5. Consistency with the City's Land Development Regulations. Since the City
has rezoned the property from RSF1 to RMF, this Agreement shall entitle the
Developer to develop on the property all uses permitted by right in the RMF
Zoning District.
6. Development of the Property. The Developer has prepared a revised site
plan dated 12-17-08 which demonstrates the Developer's design of the
overall project and which has been approved by the Technical Review
Committee (TRC). Developer agrees that final development will be in
substantial compliance with the approved site plan as attached hereto as
Exhibit "B."
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7. Development Obligations. In consideration of this Development Agreement
and to assure that the change in the Comprehensive Plan classification is
suitable, the Developer hereby voluntarily contributes and the City of
Okeechobee accepts, the following terms for development.
a. Transportation Obligations. To mitigate the impacts of the
development of the property on the City's transportation network, the
Developer has agreed to enhance the City's transportation network by
making a voluntary contribution to the City.
(1) Prior to the issuance of building permits, the Developer shall
pay to the City, a voluntary contribution in an amount equal to
its "fair share" of all costs associated with the installation of a
traffic signal or other needed traffic control devices at the
intersection of NW 9th Street and US 441. In the alternative,
the developer may post a bond sufficient to cover the
Developer's "fair share" of the cost of said improvements.
(a) The City shall deposit all monetary contributions into an
interest bearing account until such time as installation
of the traffic improvements is needed.
(b) The amount of the monetary contribution for traffic
signals or other traffic control device or intersection
improvements shall be computed in the following
manner and shall be based on the assumption of full
occupancy of the development and the most recent
traffic counts:
i. Traffic Signal and Turn Lanes at NW 9th Street
and U.S. 441; and NW 9th Street and NW 9th
Avenue.
[0] The Developer's "fair share", stated as a
percentage, shall be computed by
dividing the PM Peak Hour traffic volumes
generated by the development by the
capacity increase resulting from
installation of the traffic signal and any
turn lane improvements.
[i.2] The Developer shall, within 30 days of the
approval and execution of this
Agreement, submit to the City for its
concurrence and approval a good faith
estimate of the costs associated with the
a traffic signal and its installation, and any
other needed improvements associated
therewith, at the intersection of NW 9th
Street and U.S. 441; and NW 9th Street
and NW 9th Avenue.
[i.3] The Developer's contribution shall be the
estimated cost of the traffic signals and all
other needed intersection improvements
multiplied by the Developer's "fair share"
percentage.
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[i.4] The City shall deposit the calculated "fair
share" monetary contribution into an
interest bearing account until such time
as the need for the signal is warranted.
[i.5] The Developer shall conduct a traffic
study, to determine whether or not a
signal is warranted according to the
Florida Department of Transportation's
(FDOT) Warrant Criteria or if turn lanes
are necessary when the City of
Okeechobee deems it necessary.
0.6] If no improvements are warranted, the
Developer's monetary contribution and all
accrued interest will be returned to the
Developer and/or the bond shall be
released.
(c) If the actual cost of installed devices and improvements
is less than the amount of the escrow deposit and
accrued interest, the difference shall be returned to the
Developer.
b. Open Space/Recreation Obligations.
(1) The Developer shall ensure that the two park areas shown on
the site plan shall be, in perpetuity, dedicated to open
space/recreation use available for use by the general public
and that there shall be no signs posted limiting accessibility to
said parks to residents of the project.
(2) The Developer shall maintain said parks in a clean, visually
pleasing and safe condition until such time as the maintenance
responsibility is transferred to the homeowner/condominium
association with a provision in the agreement requiring the
continued maintenance by the homeowner/condominium
association in perpetuity.
(3) The Developer shall assure that upon the transfer of its
interests in this project to a home owner's association (HOA),
it shall require that the articles of incorporation for the HOA
contain provisions for collection of sufficient homeowner's fees
or assessments to annually meet the expenses of upkeep and
maintenance required in this section.
8. Vested Rights. If the Developer fulfills its obligations for the voluntary
contribution for transportation impacts and voluntary allocation and continued
maintenance of open space/recreation lands, the project shall be deemed
concurrent as to transportation and recreation/open space and shall have no
other obligations under the City's Concurrency Management Plan as to
transportation facilities or recreation/open space facilities.
9. Applicable Land Use Regulations. Pursuant to Florida Statutes §163.3223,
development within the property shall be subject to the City's land
development regulations and policies governing development at the time the
Agreement is executed by the City, except as may be modified by the
Agreement. The City may apply subsequently adopted regulations and
policies only in accordance with that Statute. The failure of this Agreement
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to address a particular permit, condition, term or restriction shall not relieve
the Developer of the necessity of complying with the law governing said
permitting requirements, conditions, terms or restriction.
10. Duration of Agreement. This Agreement shall remain in full force and effect
for ten (10) years from its effective date unless terminated earlier as provided
in this Agreement. The duration of this Agreement may be extended with the
Party's mutual consent in accordance with Florida Statutes §163.3229.
However, the termination of this Developer's Agreement shall not affect the
zoning or uses on those portions of the Property if any portion of the Property
has been improved or if any portion of the Development has been
constructed, including the two park areas and their maintenance obligation.
11. Amendments and Termination. This Agreement may only be amended by
mutual agreement of the parties, or as otherwise permitted under F.S. 163
part II.
12. Notices. All notices required are permitted under this Agreement shall be in
writing and shall be mailed by certified mail, return receipt requested to the
following addresses or to other such persons or addresses as any Party may
designate from time-to-time in writing.
If to the Developer: Irving Haase
3201 S Ocean Boulevard Apt 1202
Highlands Beach, FL 33487-2571
If to the City: City of Okeechobee
City Administrator
55 SE 3rd Avenue
Okeechobee, FL 34974
13. Remedies. Any material breach of this Agreement may be enforced by either
Parry as against the other in an appropriate action in law or equity filed in a
Court of competent jurisdiction; provided, however, no such action may be
brought until the defaulting Party has been given notice and thirty (30) days
in which to cure the default. If the default cannot be reasonably cured within
the thirty (30) day period, such period shall be extended if the cure is
commenced within such thirty (30) days and the defaulting Party is
proceeding with due diligence for such period of time reasonably required to
complete the cure. If such material breach should occur prior to issuance of
final Certificate of Occupancy, the City retains the right to withhold the
issuance of the Certificate of Occupancy until the resolution of the alleged
breach.
This development agreement shall be reviewed for compliance every twelve
months of its existence by the city council. Such review shall include the
status of compliance with all terms of the agreement, and what enforcement
actions, if any, are necessary to obtain such compliance.
14. Governing Law. This Agreement shall be construed and interpreted
according to the laws of the State of Florida, and venue with respect to any
litigation between the Parties related to this Agreement shall be exclusively
in Okeechobee County, Florida.
15. Severability. If any part, term, or provision of this Agreement is held to be
illegal, void, or unenforceable, the remaining portions or provisions of this
Agreement shall not be affected or impaired. Each remaining provision shall
remain in full force and effect and the rights and obligations of the Parties
shall be construed and enforced as if the Agreement did not contain the
particular part, term or provision held to be invalid.
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16. Entire Agreement. This Agreement embodies the whole Agreement of the
Parties. There are no promises, terms, conditions, or obligations other than
those contained herein; and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written,
regarding the development of the property between the Parties.
17. Conflicts of Law. If State or Federal laws are enacted subsequent to the
execution of this Agreement which are applicable to and preclude either
Party's compliance with the terms of this Agreement, this Agreement shall
be modified as is necessary to comply with the relevant state or federal laws.
18. Covenants Running with the Land, its Successors and Assigns. The
obligations imposed and entitlements created pursuant to this Agreement
shall run with and bind the property as covenants running with the land and
this Agreement shall be binding upon and enforceable by and against the
Parties hereto, their personal representatives, heirs, successors, grantees
and assigns.
19. Effective Date. This Agreement shall become effective upon its adoption.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the
day and year first above written.
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Irving Haase ~Jaes E. Kirk, Mayor
Insite Develop e t Group City of Okeechobee
ATTEST:.
Lane Gamiotea,'.CMC, City Clerk
REVIEWED FOR LEGAL SU FICIENCY:
John R. Cook, City Attorney
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