Park Street Business Center
PARK STREET BUSINESS CENTER
Development Agreement
This Development Agreement is entered into this day of October, 2008 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. 3`d Avenue, Okeechobee, Florida 34974 hereinafter (hereinafter the "City"); and William R. Grigsby,
Jr., whose address is 518 Bear Road, Lake Placid, Florida 33852 (hereinafter the "Developer").
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 13.96 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 commercial business park known as Park Street Business Center (hereinafter the
"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. The Property herein described and attached (Exhibit "A") is subject to this Agreement.
3. Ownership. The Developer represents that he 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 Property is within the Commercial land use
classification of the City's Comprehensive Plan and therefore a platted commercial business park will be
consistent with the City's adopted comprehensive plan.
5. Consistency with the City's Land Development Regulations. The property is currently zoned CHV -
Heavy Commercial, which is consistent with the establishment of a platted commercial business park which
will in turn allow development of the platted lots in accordance with the City codes and regulations for
permitted principal uses established for a CHV zone as provided by the City's Land Development
Regulations.
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6. Development of the Property. The Developer has prepared site plan which demonstrates the
Developer's design of the overall project and which has been approved by the City's Technical Review
Committee (TRC). The Developer has selected the "Without bond" option under section 86-73(f) and agrees
that the Developer's engineer shall U Don completion of the entire work on the subdivision or on one or more
units of the subdivision as approved by the city council furnish the city administrator with a written
certificate of such completion, accompanied by the records and data as prescribed in the City of Okeechobee
Code of Ordinances. Upon receipt of the required information and certificate the city administrator, or
authorized representative. shall recheck the plat and the work done and if the same shall be found to comply
with City of Okeechobee Code of Ordinances the city council shall on the recommendation of the city
administrator, approve or accept the final plat The Developer agrees that final development will be in
substantial compliance with the approved site plan (hereinafter the "Site Plan") as attached hereto as Exhibit
"B". The Developer shall commence construction upon receipt of all necessary governmental permits and
approvals and complete construction within twenty-four months thereafter.
7. Exceptions/ Participations. There are no exceptions or waivers to requirements of the City's Code
requirements and no participation expected from the City. Therefore, there is no lien requirement for this
Agreement.
8. Upon final plat approval, the Developer shall convey to the applicable governmental agency all water,
wastewater and storm lines installed within the dedicated public right-of-way.
9. The Developer shall maintain and repair the dedicated streets within the subdivision for a period of
one year following completion and prior to the Developer's request for the City to accept maintenance. Upon
such request, assuming the streets have been certified and approved by the City engineer, the City will accept
such streets for maintenance thereafter.
10. Concurrency. Based upon the Site Plan, water and sewer requirements will be met by establishment
of water and sewer connections to the Okeechobee Utility Authority municipal facilities. As this is a only
a six lot commercial project, recreation/open space requirements are inapplicable and there is no appreciable
impact upon the City's transportation system.
11. Vested Rights. Provided the Developer fulfills its obligations under this agreement, upon final plat
approval and upon final certification and acceptance of the road dedication, 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. Upon
completion of the project, the Developer shall furnish the City Engineer with "as built" plans for any
improvements being dedicated to the public.
12. 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 to address a particular permit, condition, term or restriction shall not relieve the Developer ofthe
necessity of complying with the law governing said permitting requirements, conditions, terms or restriction.
13. 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 ofthis Agreement may
be extended with the Party's mutual consent in accordance with Florida Statutes § 163.3229. However, the
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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.
14. Amendments and Termination. Except as provided by paragraph 19, below, this Agreement may only
be amended or terminated with the Party's mutual consent.
15. 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: William R. Grigsby
518 Bear Road
Lake Placid, Florida 33852
If to the City: City of Okeechobee
55 S.E. 3' Avenue
Okeechobee, Florida 34974
16. Remedies. Any material breach ofthis Agreement may be enforced by either Party 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 ifthe cure is commenced within such thirty (30) days and the defaulting Party is proceeding with
due diligence for such period oftime reasonably required to complete the cure. If such material breach should
occur prior to issuance of final Plat approval, the City retains the right to withhold the approval of the final
Plat until the resolution of the alleged breach.
17. Governing Law. This Agreement shall be construed and interpreted according to the laws ofthe State
of Florida, and venue with respect to any litigation between the Parties related to this Agreement shall be
exclusively in Okeechobee County, Florida.
18. Severability. If any part, term, or provision of this Agreement is held to be illegal, void, or
unenforceable, the remaining portions or provisions ofthis 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.
19. 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.
20. 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.
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21. 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.
22. Effective Date. This Agreement shall become effective upon execution by both parties, provided
however, that until preliminary plat approval by the City and commencement of construction, the Developer
may elect to terminate this agreement and abandon or reconfigure the project.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals the day and year
first above written.
t
igsby J E. Kirk, ayor
ity of Okeechobee
Attest:
Lane Gamiotea, MC, City Clerk
Countersigned:
Brian W iteh , ity Ad nistrator
Infrastructure Certification
(to be completed prior to final plat approval)
The undersiened does hereby certify that the Developer chose the "Without Bond" alternative to
infrastructure improvements pursuant to section 86-73(f) ofthe Citv ofOkeechobee Code ofOrdinances and
the Developer as of the date of this certification has complied with the requirements of that option and the
protect referenced in this agreement is efiaible for final plat approval by the city council.
Certification dated:
Brian Whitehall City Administrator
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Exhibit "A"
Legal Description
PARCEL I (PER O.R.B. 527, PGS. 869-870):
THE WEST HALF (W ''/Z) OF THE EAST HALF (E 'h) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE
SOUTHEAST QUARTER (SE 1/4) LYING NORTH OF STATE ROAD NO. 70 (FORT PIERCE ROAD), IN
SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE FOLLOWING:
BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF (E -/2) OF THE SOUTHWEST QUARTER
(SW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 15, RUN NORTH 594 FEET, EAST
186.3 FEET, SOUTH 594 FEET; WEST 186.3 FEET TO THE POINT OF BEGINNING.
ALSO LESS THE NORTH 50 FEET WHICH IS RESERVED FOR ROAD PURPOSES.
ALSO LESS: A STRIP OF LAND 7 FEET WIDE SITUATE ADJACENT TO AND NORTHERLY OF THE
EXISTING 66 FOOT RIGHT OF WAY OF STATE ROAD 70, LYING, WITHIN THE WEST''/2 OF THE EAST
'/2 OF SW 1/4 OF SE 1/4, SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE WEST 186.3
FEET THEREOF; CONTAINING.02 OF AN ACRE, MORE OR LESS.
PARCEL 2 (PER O.R.B. 528, PGS. 1342-1343):
ALL OF LOTS 1 THROUGH 12, INCLUSIVE, LYING NORTH OF NORTH PARK STREET (A/K/A S.R. 70
F/K/A FORT PIERCE ROAD) AS NOW CONSTRUCTED, IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE
CITY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS
OF OKEECHOBEE COUNTY, FLORIDA.
PARCEL 3 (PER O.R.B. 528, PGS. 1342-1343):
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE RUN SOUTH
00°18'26" EAST ALONG THE EASTERLY LINE THEREOF, 668.71 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00°18'26" EAST, 276.28 FEET TO THE NORTHEAST CORNER OF PRICE
ADDITION TO OKEECHOBEE CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK
2, PAGE 17; THENCE RUN SOUTH 89°50'34" WEST, ALONG THE NORTHERLY LINE THEREOF, 336.76
FEET TO THE NORTHWEST CORNER OF SAID PRICE ADDITION; THENCE RUN NORTH 00° 17'46" WEST,
ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 15, A DISTANCE OF 273.38 FEET;
THENCE RUN NORTH 89°20'47" EAST AND PARALLEL WITH THE NORTHERLY LINE OF PREVIOUSLY
MENTIONED SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, A DISTANCE OF
336.71 FEET TO THE POINT OF BEGINNING.
PARCEL 4 (PER O.R.B. 528, PGS. 1342-1343):
THE ALLEY IN BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA, LYING BETWEEN LOTS 1-6 AND 7-12.
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PARCEL 5 (PER O.R.B 528, PGS 1342-1343:
THE STREET KNOWN AS NORTHEAST 2ND STREET (F/K/A CENTER STREET) AS IT RUNS EAST FROM
NORTHEAST 12TH AVENUE TO NORTHEAST 13TH AVENUE, PARTICULARLY LOCATED NORTH OF
BLOCK 4, PRICE ADDITION TO OKEECHOBEE CITY, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
PARCEL 6 (PER O.R.B 554, PG 338):
ALL THAT PART OF THE NORTH 668.71 FEET OF THE E '/2 OF THE E 'h OF SW 1/4 OF SE 1/4 OF
SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 50 FEET
THEREOF.
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