PLANNING COMMISSION MEETING CITY OF NICEVILLE, FLORIDA JUNE 3, 2024  Members present: Judy Byrne Riley  Suanne Wilson Doug Tolbert Jared Bradley Wade Fludd Ed Espinoza  Present were:  Frankie Revell, Recording Secretary Ammy Hanson, CFM  Meeting was called to order by Judy Byrne Riley, Chair, at 6:00 p.m. Suanne Wilson made the motion to approve the May 6, 2024 minutes as presented. Seconded by Wade Fludd.  Minutes approved.  AGENDA  1. First public hearing regarding a proposed Development Agreement fort the installation of an aerial sewer pipeline system serving Deer Moss Creek Phase 11. Deer Moss Creek Phase 11 was approved on December 20, 2022 for 102 single family residential lots. The proposed aerial sewer pipeline system is located on the north side of Rocky Bayou Drive and can be identified as parcel 10-15-22-0330-0001-0000. A second and final public hearing regarding this Development Agreement will be held on June 11, 2024 atthe  regular City Council meeting.  Kristen Shell explained that when the development was approved all specifications were met. After further review Public' Works decided that concrete piers for thel bridge would be better in the long run for maintenance reasons. The agreement states the city will pay for the upgrade to concrete piers. Also, the city will review its specifications and make some Suanne. Wilson. made the motion to approve the request. Seconded by' Wade Fludd. Vote: Byrne Riley, no; Tolbert, yes; Fludd, yes; Bradley, yes; Wilson, yes; Espinoza, yes. Motion Ed Espinoza made the motion to adjourn. Seconded by Wade Fludd. All voting yes.  updates.  carried.  Meeting adjourned at 6:47 p.m.  Frankie Revell Recording Secretary  Judy Byrne Riley Chair    DEVELOPMENT AGREEMENT  This DEVELOPMENT AGREEMENT is entered on this 11th day of June, 2024, by the CITY COUNCIL OF THE CITY OF NICEVILLE, FLORIDA (herein City), and RUCKEL PROPERTIES INC. (collectively herein Developer), for the purpose ofinstallation of an aerial sewer system to be  maintained by the City of Niceville.  WHEREAS, the developer has applied and received approval on December 20, 20221 to develop Phase 11 oft the Deer Moss Creek development consisting of 102 single family  residential lots; and  WHEREAS, this development will require the construction of an aerial sewer pipeline in WHEREAS, current city of Niceville: Standard Specifications for Developers (July 1, 2021) have been met fori the proposed aerial sewer pipeline project and construction to these  ane environmentally. sensitive area that is prone to flooding; and  standards willl be the financial responsibility oft the developer;  WHEREAS; it is in thel best intèrests of the City and the citizens oft the City that the aerial sewer: system installation necessary to serve this development be resilient and fortified due to the environmental sensitivity of the area and increasing severity of storm events; and WHEREAS, the City desires lower long-term maintenance costs of the aerial sewer WHEREAS, fortification of the aerial sewer system will cost an additional $192,851.82 fori fourteen (14) piers; or $13,775.13 per proposed wooden supporting pier system converted  pipeline system; and  toas supporting concrete pier system; requirement for aerial sewers be exceeded;  WHEREAS, the City desires that the Standard Specifications for Developers (July 1, 2021) WHEREAS, the City's Standard Specifications for Developers (July 1, 2021) Section 02725- Above Ground Sewers only requires concrete piers when the pipe invert distance to the  ground is more than 61 feet;  WHEREAS, the Dèveloper is not financially responsible for construction of sewer systems WHEREAS, the City of Niceville held two advertised public hearings on this agreement the first of which occurred on. June 3, 2024 and the second of which occurred on June 11, 2024;  ine exceedance of the City's Standard Specifications for Developers;  Page 1 of4    NOWT THEREFORE, in consideration oft the mutual covenants and conditions set forth herein, 1. The City of Niceville shall pay the Developer $192,851.82 fori the construction costs 2. Within two (2) years, the Developer is required to construct the aerial sewer system installing only concrete piers (23 concrete piers) that also meets all other applicable City sewer system specifications found ini the City's Standards Specifications for Developers 3. The Developer will reimburse the City in the amount of$192,851.821 if the aerial sewer  and other good and valuable considerations, the Developer and the City agree:  incurred toi install an all concrete aerial sewer system.  (July 1, 2021).  system is not constructed within two (2) years.  SECTION 1: STATUTORY REQUIREMENTS of the Act, are hereinafter addressed asi follows:  Required provisions to. be included within this Agreement, as set forth in Section 163.3227  1. The land subject to this agreement is attached as Exhibit A.  2. Duration ofthe Agreement. The Term of this Agreement shall bei ten (10) years from the Effective Date, unless otherwise terminated or extended by mutual consent oft the parties or. in accordance with either applicable law ort the provisions oft this Agreement. 3. The development uses permitted, including population densities, and building intensities and heights are as approved in the Deer Moss Creek CPUD.  4. Permits Required. by State or Federal Agencies. Any state or federal permits required to commence. development of the Property shall be obtained prior to the start of  construction.  5.: : Consistency with the City Plan and Ordinances. The City! hereby finds and confirms that this Agreement is consistent with the City of Niceville Comprehensive Plan and the uses 6. Compliance with All Applicable Permit and Approval Requirements. The Owner hereby acknowledges and agrees that the failure of this Agreement to address a particular permit condition, term, restriction, approval, or requirement with respect to the development of the Projects, shall not relieve the Owner of the necessity of complying with thel law governing said permitting requirement, condition, term, or restriction, or obtaining any applicable permit or approval prior to initiating any part or phase of the development oft the Properties for which such permit or approval may be required subject in all respects to Owner's right to complete the full development authorized by  permitted by the City Land Development Code.  this Agreement.  Page 2of4    SECTION 2: ASSIGNMENT OF DEVELOPMENT RIGHTS AND OBLIGATIONS  1. The City acknowledges that the Owner hasi the right at any time, upon written consent of the City, to assign all, but not less than all, oft this Agreement, together with the development rights and obligations established herein, to at third-party owner and developer of the Property, provided that any such assignee third party owner and developer shall be bound to develop the Property in accordance with the provisions oft this Agreement. Provided, further, that by executing this Agreement the City consents in advance that Owner may assign all, but not less than all, of this Agreement to any assignee as to which a party to this Agreement is an equity  owner in the assignee without prior written consent oft the City.  2. The City and the Owner acknowledge that, in accordance with Section 163.3239, Florida Statutes (2013), the burdens oft this Agreement and the benefits oft this Agreement: shall inure toi the benefit of and be binding upon all of the successors in 3. Drafting. Both parties have participated in the drafting and preparation oft this Agreement and the provisions hereof shall not be construed for or against any party by 4: No Waiver. No waiver of any of the provisions oft this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, unless otherwise expressly provided. Neither the failure or any delay by any party. hereto in exercising any right or power under this Agreement nor any course of dealing between the City, ont the one hand, and the Owner ori its permitted assignee, on the other. hand, will operate as a waiver of such right or power, and no single or partial exercise of any such right or power will preclude any other ori further exercise of such  interest to the parties to this Agreement.  reason of authorship.  right or power or the exercise of any other right or power.  Page 3 of4    SECTION 3: RECORDING AND EFFECTIVE DATE  Within fourteen (14) days aftert the City executes this Agreement with the Owner, the City shall cause this Agreement to be recorded int the Official Records of Okaloosa County, Florida. This Agreement shall not be effective until it has been recorded in the Official Records of Okaloosa The parties hereto have caused this Agreement to be executed by their appropriate authorized  County, Florida.  representative on the dates below: CITY OFN NICEVILLE, FLORIDA By:.  Daniel Henkel, Mayor  ATTEST: Dan Doucet, City Clerk STATE OF FLORIDA COUNTY OF( OKALOOSA  DEVELOPER, Hu and CEO, Ruckel Propérties Inc.  Ruckel Skalicky, President  Malbglelp  Page 4of4