The URL can be used to link to this page

Home My Public Portal AboutBenchmark Extension Request 12.07.19 Memorandum To: Wayne Steele, Director of Public Works, City of Crestview From: Lowell Larson CC: John Rehak, The Benchmark Group; Scott McCormick, Beach Community Bank Date: December 7, 2019 Re: Extension Request The Benchmark Group (“Benchmark”) respectfully request an extension of the attached Special Utility Service Agreement for Water and/or Wastewater Service (“Agreement”) dated January 16, 2012 between Beach Community Bank (“Beach”) and the City of Crestview (“City”) which was subsequently extended pursuant to a prior request at the February 8, 2016 city council meeting. Benchmark and Beach have entered into a Land Purchase and Sales Agreement for approximately 40 acres of the land subject to the Agreement and the rights and benefits of the Agreement are being convey with the land. Benchmark is presently pursuing due diligence to close on approximately 20 acres of the land later this month and will be making application to the City for development approval for a multi-user retail/restaurant development in 2020. Accordingly, Benchmark requests an extension of the required date of construction commencement to January 15, 2021. Thank you. ABANDOMENT AGREEMENT v7+ THIS AGREEMENT is made and entered into this %4 day of ,Ju-t^i 2011, by and between the City of Crestview, a governmental body, corporate and politic, of the State of Florida, and Beach Community Bank (the "Developer"); WHEREAS, the Developer owns certain land in Okaloosa County, Florida, more particularly described in Exhibit "A" to this Agreement (the "Property") and intends to construct on the Property a Commercial Development to be known as (Unnamed Development) (the "Project"); and WHEREAS, the Developer desires the City of Crestview to abandon a utility easement as recorded in Official Book 1088 page 1417 of the public records. WHEREAS, the Developer proposes to grant to the City of Crestview a Substitute easement generally along the North property line of "Developer's" property more particularly shown in the attached survey. The City of Crestview does agree to abandon said easement( OR 2138,pg 136) within 120 days from the execution of this Document This Agreement may not be amended except by a writing executed by the Developer and the City. This Agreement shall be governed by the laws of the State of Florida. Dated as of the date and year first above written. Witn-s n�a L, %kart Witness DEVELOPER p 10± BY: /0 4 ��/� Title: -€120-- 11� 7re��cti BY SPECIAL UTILITY SERVICE AGREEMENT for WATER AND/OR WASTEWATER SERVICE Invoice # LATSL-01092012-01 .((L THIS AGREEMENT is made and entered into this /G day of 3A,w-4 ° 7, 2012, by and between the City of Crestview, a governmental body, corporate and politic, of the State of Florida, and Beach Community Bank (the "Developer"); WHEREAS, the Developer owns certain land in Okaloosa County, Florida, more particularly described in Exhibit "A" to this Agreement (the "Property") and intends to construct on the Property a Commercial Development to be known as (Unnamed Development) (the "Project"); and WHEREAS, the Developer desires the City of Crestview to provide to the Project: (check whichever is applicable) A. Water Service -- Projected average daily flow: 57,200 gallons per day day; and B. Wastewater Service -- Projected average daily flow: 51,400 gallons per WHEREAS, the City of Crestview is willing to provide such service upon the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained the Developer and the City of Crestview hereby agree as follows: 1. The Developer shall, at the sole cost and expense of the Developer: A. Construct or cause to be constructed such mains, laterals, lift stations, force mains, fire hydrants and other facilities as may be necessary for the City to provide such service to the Project. Laterals to serve each lot or parcel within the Project shall be stubbed out to the property or easement line. B. Construct or cause to be constructed such other facilities outside the Property as are generally described in Exhibit "B" to this Agreement. 2. The Developer shall commence construction of such facilities within 60 months after the date of this Agreement and shall complete construction of such facilities within 120 months after the date of this Agreement. Provided, however, that the time for completion of construction may be extended by the City once for twenty four (24) months if construction was 50% or more complete within 120 months of the date of this agreement and the Developer can demonstrate to the satisfaction of the City that failure to complete construction within such time was due to cause beyond the reasonable control of the Developer. 1 of 3 3. The City acknowledges receipt from the Developer of $114,751 in payment or partial payment of sewer connection fees for the Project. In consideration for such payment, the City agrees to credit the Developer the number of sewer taps equal to the above dollar amount. This dollar amount may also be applied toward various tap sizes as may be required for the Developer's Project(s). The City explicitly grants to the Developer the right to sell, transfer, or otherwise dispose of granted`sewer taps to other parties. The granted parties will receive all rights, benefits, and privileges as if they (granted parties) had purchased the same from the City of Crestview. A. It should be understood that the City cannot reserve water or wastewater system capacity until the Developer enters into a standard Utility Service Agreement with the City and commits to a payment of the system impact fees — which are separate from system connection fees. B. The payment of the above dollar amount will be used by the City to construct a new 15" gravity sewer line on or near the Property, under the City Project name: "Lowe's Area Trunk Sewer Line". C. It is understood that the cost of construction of the 15" gravity sewer line may exceed the estimated cost; in this event, the Developer agrees to pay 43.5% of the excess cost to the City of Crestview. 6. The Developer agrees that, if the Developer fails to commence or complete construction of such facilities within the times specified by Section 2 of this Agreement, any sewer connection credits for the Project shall be terminated, and any fees paid by the Developer shall be retained by the City as liquidated damages for the breach of this Agreement. 7. The Developer shall pay all Project costs of any kind, including the cost of any necessary relocation of existing utilities, and shall secure such permit and easements as may be required. The Developer may receive credit for a portion of the cost of construction of other off -site facilities in accordance with the policies and procedures of the City. 8. All such design and construction shall be in accordance with the City Water Sewer Manual and those criteria set forth in Chapter 90 of the City Code. 9. No such construction shall be commenced until plans and specifications therefore have been submitted to and approved in writing by the City and other agencies or permitting authorities having jurisdiction. 10. This Agreement may not be amended except by a writing executed by the Developer and the City. 2 of 3 11. This Agreement shall be governed by the laws of the State of Florida. Dated as of the date and year first above written. DEVELOPER: 3 v! c'u.� 1✓. By 6J $tF S7 ��lhK� c1c' Title �e�voc VVcs rsr-yam r By CITY OF CRESTVIEW: By David Cadle, Mayor Betsy Roy, City Clerk 3 of 3 CITY OF CREST W . OFFICE OF THE CITY CLERK P.O. DRAWER 1209, CRESTVIEW, FLORIDA 32536 Phone # (850) 682-1560 Fax # (850) 682-8077 February 8, 2016 6:00 P.M. Council Chambers EGULAR AGENDA 1. Call to I) rder 2. Invocation / Pled e of Alle lance 3. Open Policy making and legislative session 4. Special Presentations 5. Approval of Minutes 6. Public Hearings: 7. Public Opportunity on Council. propositions 8. Consent Agenda a. Approval of 1 year extension of PolyEngineering contract - Public Services Director. b. Approval of 1 year extension of CH2M Hill contract - Public Services Director. c. Approval of Invoice from Ben Holley for $3710.00. d. Approval of Invoice from Allen, Norton and Blue for $781.50. e. Approval of the Site Development Plans for Jimmy Johns Crestview, a 1150 S.F restaurant located in the plaza addressed as 3301 Ferdon Blvd. South, (PIN #29- 3N-23-0000-0025-0010) -- Growth Management Director. f. Approval of the Site Development Plans for Express Oil Crestview, a 5100 S.F. in Auto Repair and 4500 S.F. in Retail area located at 2053 Ferdon Blvd. South (PIN # 20-3N-23-0000-0145-0000) -- Growth Management Director. g. Approval of the Site Development Plans for Crestview Crossing, with 11,850 S.F in Retail and 8,200 S.F. in Restaurant, located north of 2150 Ferdon Blvd. South, (PIN #20-3N-23-0000-0150-0000, 20-3N-23-0000-0150-0010 and 20-3N-23- 0000-0151-0000) -- Growth Management Director. h. Approval of the Site Development Plans for David's Catfish House, a 4,800 sf restaurant with 190 seats, to be constructed on the 4.02 plus or minus acre parcel located on the property behind McDonald's and CCB Community Bank on Ferdon Blvd. North, (PIN # 04-3N-23-0000-0026-0000) -- Growth Management Director. 9. Resolutions 10. Committee Reports 11. Scheduled Presentations from the Public 12. Project Reports and Comments from Mayor and Council 13. Staff Reports and Recommendations a. Approval of Interlocal agreement with Okaloosa County — City Clerk b. Approval of the Engineering Services for Utility Relocates in conjunction with the widen of P. J. Adams Pkwy - Public Services c. Extension of the Special Utility Service Agreement for Water/Wastewater Service with Beach Community Bank (1-16-2012) d. Declaration of Assurances Regarding Management of CRA Funds as Authorized by Ordinance 1598 -- Growth Management/CRA e. Main Street Crestview Association Update f. Shiloh Place Development -- Growth Management Director 1. Shiloh Place -- Planned Unit Development 2. Shiloh Place Subdivision -- a Replat of Shiloh Place Townhomes II 3. Ordinance 1599 - Rezoning of Shiloh Place 14. Comments from the Audience 15. Adjournment Note: Citizen Business is business that was submitted by a citizen or group of Citizens no later than the Wednesday prior to the meeting to the Clerk's office for approval. Supporting documents must be submitted at this time to be on the regular agenda. All New Business is for staff and elected officials only, a:ad must be submitted for approval no later than the Wednesday prior to the meeting. Those not listed on the regular agenda who wish to address the council should fill out a yellow card. The Card must be submitted to the City Clerk. Speaking time should be three minutes or less, large groups may designate a spokesperson. All remarks should be addressed to the Council as a whole and not to individual members. All meeting procedures are outlined in the Meeting Rules and Procedures brochure available outside the Chambers. If any person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City Council of the City of Crestview, Florida does not discriminate upon the basis of any individual's disability status. Anyone requiring reasonable accommodation as provided for in the American With Disabilities Act to insure access to and participation in the meeting should contact the Office of the City Clerk at (850)682-1560 prior to the meeting to make appropriate arrangements. Any invocation that is offered before the official start of the City Council meeting shall be the voluntary offering of a private person, to and for the benefit of the City Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the City Council or the city staff and the City is not allowed by law to endorse the religious beliefs or views of this, or any other speaker. Persons in attendance at the City Council meeting are invited to stand during the opening invocation and Pledge of Allegiance. However, such invitation shall not be construed as a demand, order, or any other type of command. No person in attendance at the meeting shall be required to participate in any opening invocation that is offered. A person may exit the City Council Chambers and return upon completion of the opening invocation if a person does not wish to participate in or witness the opening invocation. c. Extension of the Special Utility Service Agreement for Water/Wastewater Service with Beach Community Bank (1-16-2012) 1.1..--r=mw Barnhill Barnhill, and Barnhill LLC Professional Engineers • Land Planning • Environmental 4639 Gulf Starr Drive, Destin, Florida 32541 Darrell J. Barnhill • President January 15t, 2016 Mr. Wayne Steele, Public Service Director City of Crestview Department of Public Services 715 N. Fcrdon 131v'd. Crestview, Fl. 32536 Dear Mr. Steele; Parcel ID 11's-29-3N-23-0000-0015-0000 2941N-23 -0000-0025-0010 29-3N-23-0000-0025-0160 Beach Community Bank has advised me that they are planning to continue pursuing commercial development options for the above listed parcels of land, located in the City of Crestview. As you may recall, back on January 16'11, 2012, Beach Bank and The City of Crestview entered into a Utility Service Agreement for Water and/or Wastewater Service, (copy enclosed) wherein Beach Community Bank (referred to as Developer) paid to the City of Crestview $1 14,751 to be granted certain entitlements including, but not limited to... "crediting Developer the number of sewer taps equal to the this dollar amount. This dollar amount may also be applied toward various tap sizes as may be required for the Developer's Project(s)". The City also...." explicitly grants to the Developer the right to sell, transfer or otherwise dispose of granted sewer taps to other parties. The granted parties will receive all rights, benefits and privileges as if they (granted parties) had purchased the same from the City of Crestview" Under section 2 of the terms of agreement, the Developer has 60 months to commence construction and that means construction would have to be initiated by Jan 15'1', 2017. Beach Bank is continually working toward getting purchasers to develop this project for commercial uses and believes that the above recited entitlements will need to be extended for an additional period of 60 months (five years), because of the size of the parcels and costs associated in finding a suitable builder and developer for these parcels. Please let me know what needs to be done so that these entitlements can be extended so that Beach Bank does not lose the $1 14,751 it has deposited with the city, and is able to retain these "tap" entitlements. Trusting I will hear back from you shortly, 1 remain, Sincerely Yours, Darrell J. Barnhill, President CFM #13-07148 DJ B/rs Civil Engineering Land Planning Environmental Services Phone: 850-71.4-4285 Email: Darrell@Waltoncountyfl.com Certificate of Authorization 26457 SPECIAL UTit_ETY SERVICE AGREEMENT for WATER AND/OR WASTEWATER SERVICE Invoice if LATSL-01i)f?2012-O i THIS AGREEMENT is made and entered into this ' day of. _�': '� 2012. by and between the City of Crestview, a governmental body, corporate and fxaliti,,. of the; State of Ronda, , anc.i a` cmm unity; Bank (the "Developer"); ); WHEREAS, the Developer owns certain land in Okaloosa County. Florida, more particularly described in Exhibit "A" to this Agreement (the "Property") and intends to :or)sstrl.Jct on the Property a K..`,ommc'rciai � C:ilelgpfl'ient to be known as Qt.)nrF��:1' ed �)c veic �rnent) (the "Project"); and WHEREAS. the Developer desires the City of Crestview to provide to the Project: (check whichever is applicable) A. Water Service •• Prolected average daily flow: fiZ.200 gallons per day 3. Wastewater Service -- Projected average daily flow: 51,4Q0gallons per day; and WHEREAS, the City of Crestview is willing to provide such service upon the terms and conditions hereinafter set forth; NOW THEREFORE; in consideration of the premises and the mutual covenants herein contained the Developer and the City of Crestview hereby agree as follows: 1. The Developer shall, at the sole cost and expense of the Developer: A. Construct or cause to be constructed such mains, laterals, lift stations, force mains, fir hydrants and other facilities as may be necessary for the City to provide such service to the Project. Laterals to serve each lot or parcel within the Project shall be stubbed out to the property or easement line. EL Construct or cause to be constructed such other facilities outside the Property as are generally described in Exhibit "B" to this Agreement. 2. The Developer shall commence construction of such faci itie s within 6(' ! noriths after the date of this Agreement and shall complete construction of such facilities within 120 months after the date of this Agreement. Provided, however, that the time for completion of construction may be extended by the City once for twenty four (24) months if construction was 50% or more complete within 120 months of the dale of thisagreement and the Developer can demonstrate to the satisfaction of the City that failure to complete construction within such time was due to cause beyond the reasonable control of the Developer. 3 or 3 3. The City t c cnowlec ges receipt from the Developer of S114,151 in paynment or partial payment of sewer connection fees lot the Project, In consideration for such payment, the City agrees to credit the Developer the number of sewer taps equal to the above dollar amount. Thiti dollar amount may also be applied toward various tap sizes 05,1 may be required for the Developers Project(s), The City explicitly grants to the Developer the right to sell, transfer, or otherwise dispose of granted sewer taps to other parties. The greeted parties wit: receive all rights, benefits, and privileges as if they (granted par'tics) had purchased the same from the City of Crestview. A. It shouid be understood that the City cannot reserve water or wastewater system: capacity until die Developer renters into a standard Utility Service Agreement with the City and commits to a payment of the system impact fees which are separate from system connection fees. B. The payment of the above dollar amount will be used by the City to construct a now 15" gravity sewer litre on or near the Property, under the City Project name: "Lowe's Area Trunk Sewer Line'. C, It is understood that the cost of construction of the 154 gravity sewer tine may exceed the estimated cost; in this event, the Developer agrees to pay 43.5% of the excess cost to the City of Crestview. 6. The Developer agrees that, if the Developer faiis to commence or com► fete construction of such facilities within the times specified by Section 2 oaf this Agreement, any sewer connection credits for the Project shall he terminated, and any fees paid by the Developer shall be retained by the City as liquidated damages for the breach of this Agreement. 7. The Developer shall pay all Project costs of any kind, including the cost of any necessary relocatiufn of existing utilities, and shall secure; such permit and easements as may be required. The Developer may receive credit for a portion of the cost of construction of other off -site facilities in accordance with the policies and procedures of the City. 8. All such design and construction shall be in accordance with the City Water Sewer Manual Rinriteic-ia rtt forr.h,ir)_rhrar_ter OSIcif the Qi y :caclf . 9. No such construction shah be commenced until plans and specifications therefore have been submitted to and approved in writing by the City and other agencies or permitting authorities having jurisdiction. 10. This Agreement may not be amended except by a writing executed by tulle ►ace>.veloper and the City. ''of3 II *I Agree:nent shall begovernedfry ,r . , by the laws �s the +t�11 of Florida. Dated as of the date and year first above ?written. DEVELOPER. _. B i'.........._..r_:_....._..._.. CMOF RESTVIE\Ai- f %/ °/ : 1 _...`.z' :...,.j...._ Davki Carle, Mayor By , ft p rt _t( /1 / _� .. . _ .. _..__._. _ ._...et .�..... Betsy Roy, City Clerk l' 1 '\ . �..� �... tileE 5S `.., . • j 1„orsie1/4 (...: (L{Q( I 1