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Home My Public Portal AboutAbandonment Agreement Beach Community BankABANDOMENT AGREEMENT THIS AGREEMENT is made and entered into this i<, day of,11-,a4-1 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. V.AZV)v 1.3 ),) Witness L tAart Witness DEVELOPER z,9„(� � y BY: /v` z Title:- //7-1 BY SPECIAL UTILITY SERVICE AGREEMENT for WATER AND/OR WASTEWATER SERVICE Invoice # LATSL-01092012-01 I THIS AGREEMENT is made and entered into this /(} day of -\µ-4" 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. 1of3 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 ,u By �J -5eo 6-t<d..cfc Title ew;ac, (E By CITY OF CRESTVIEW: By /(4/-1dL David Cadle, Mayor By � u:16:t �7G1 Betsy Roy, City Clerk 3 of 3 Wit vN+J WitnesSonic, L, d Director Brona D. Steele City of Crestview Department of Public Services 715 Ferdon Boulevard North Crestview, Florida 32536 PROJECT MEMORANDUM TO: Beach Community Bank FROM: Fred Cook, City Engineer DATE: January 23, 2012 COPY: Darrell Barnhill, Agent for Bank SUBJECT: Special Utility Service Agreement for Lowe's Area Trunk Sewer Line Invoice # LATSL-01092012-01 Telephone No. (850) 682-6132 Fax No. (850) 682-7359 E-Mail: psengineerOcvflomgccoxmail.com Today we received a check in the amount of $114,751.00 as payment on the subject project. a 2-3 ^ 2c) t2 he14 wSc •- k da i %eas^ to F RiEc.ie-J s rJ GIEEL` tc. 3+-Ecic N 12 C. nn ?"-)EeltCI-E- e w„nn .s ns .1'•! 1` ,q.ns RECEIVED l /33/1 c). 03Vt3o3A 3EACH COMMUNITY BANK - FORT WALTON BEACH, FL 32549 34995 LATSL0109201201/19/2012 Svc Agreemnt Area Trnk Sewer Line 4-7919 114,751.00 7O VERIPY AUTHENTICITY, SEE REVERSE SIDE FOR DESCRIPTION OF THE 11 SECURITY FEATURES 15eachTM Community bank P.O. BOX 4400 - FORT WALTON BEACH FL 32549 PAY TO THE ORDER OF DATE 63-1513 631 34995 AMOUNT 01/20/2012 ***114,751.00* CITY OF CRESTVIEW PO BOX 1209 CRESTVIEW FL 32536 ii'0 3499 SP 1:06 3 L L 5 L 3D: 3999999130