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Last modified
1/7/2016 4:50:44 PM
Creation date
10/1/2015 2:06:26 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/16/2010
Control Number
2010-074
Agenda Item Number
13.A.
Entity Name
Fellsmere Estates LLC Stipulated Settlement Agreement
Subject
Fellsmere Joint Venture, Fellsmere Community Affairs
Bernard A Egan Groves, Inc.
Fellsmere Estates, LLC.
Supplemental fields
SmeadsoftID
9617
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ATRUE COPY <br /> EXHIBIT "B " CERTIFICATION ON LAST PAGE <br /> J . K . BARTON , CLERK <br /> B . <br /> Strikethrough and underline based upon the adopted version of Ordinance 08- 14 , May 21 , 2009 ( Final SSA Exhibit B , March 18 , 2010) <br /> CITY OF FELLSMERE CHAPTER 1 : FUTURE LAND USE ELEMENT <br /> The City understands that one or more community development districts ( " CDD " ) may hereafter be <br /> established , or the boundaries of an existing CDD may hereafter be modified , or any combination of the <br /> foregoing , by each Developer to provide services to any portion of the FJV Properties owned by such <br /> Developer. Any such CDD established by a Developer may plan , finance , acquire and construct <br /> community infrastructure that may benefit all or portions of the FJV Properties owned by such Developer. <br /> The City further understands that any CDD that may hereafter be established with respect to the FJV <br /> Properties may have the right to exercise the powers enumerated under Chapter 190 , Florida Statutes . <br /> The City will consider supporting special legislation to expand the powers of the Fellsmere Water Control <br /> District , a Florida Statute 298 Special District . <br /> Policy 21 . 7 . 10 . To the extent development provides land and constructs municipal facilities consistent <br /> with the demands of any developments of the property , the cost of all such facilities , including the market <br /> value of the land , creditable toward any current or future impact fees to the extent that such costs are <br /> legally eligible for impact fee credits . The City will work with the Applicant toward receiving a credit . This <br /> Infrastructure shall be built to the City and permitting agencies ' reasonable and customary standards . <br /> The City shall have the right to require the Infrastructure be oversized by the Applicant to serve other <br /> property , provided a mutually agreeable cost recovery system is in place to reimburse the Applicant for <br /> the over- sizing . <br /> Improvements necessitated by development of the FJV Properties shall be in place and available to <br /> serve new development no later than the issuance of a certificate of occupancy unless otherwise <br /> addressed by an executed Proportional Share Agreement , an executed Developer' s Agreement , an <br /> executed Impact Fee Agreement , or posting of a surety equal to 125 % of an engineer' s estimated cost <br /> as provided in the Land Development Code . <br /> Policy 21 . 7 . 11 . City will consider Interlocal service agreements with proximate service providers such as <br /> the City of Palm Bay and Indian River County in lieu of the construction of additional redundant facilities <br /> for the provision of potable water , reuse water , and wastewater treatment . The City agrees to <br />work <br /> cooperatively with the Applicant in identifying the provider for such services . The City shall not be <br /> required or obligated in any way to construct or maintain or participate in the construction or maintenance <br /> of any improvements for the Development ( except for maintenance of improvements dedicated to and <br /> accepted by the City at its sole discretion ) . The Owner its grantees , successors or assigns in interest or <br /> Comprehensive Plan Goals , Objectives and Policies - Future Land Use Element 1 -26 <br />
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