Common use of Transportation Improvements Clause in Contracts

Transportation Improvements. (a) The COUNTY agrees, and will strive to work with the CITY, to construct or cause to be constructed the off-site transportation improvements listed below in connection with development of the Site and the Airport Commerce Centre, in locations as generally depicted on Exhibit “D”. Said improvements to CITY streets shall be constructed to CITY standards, and require CITY approval pursuant to the CITY’s standard regulation, which approval will not be unreasonably withheld. The improvements are: 1. The construction of a modified northbound right hand turn lane on Belle Terre Boulevard at the driveway/road entrance prior to a Certificate of Occupancy being issued on the Armed Forces Reserve Center or the issuance of a Certificate of Occupancy resulting in the occupancy of over 40,000 square feet of space within the Airport Commerce Centre, whichever shall occur first. 2. The enhancement of the modified northbound right hand turn lane on Belle Terre Boulevard at the driveway/road entrance into a full right-hand decel lane, to the extent physical design conditions permit, prior to the issuance of a Certificate of Occupancy resulting in the occupancy of over 80,000 square feet of space within the Airport Commerce Centre. 3. The construction of a full southbound left hand turn lane on Belle Terre Boulevard at the driveway/road entrance prior to a Certificate of Occupancy being issued on the Armed Forces Reserve Center or the issuance of a Certificate of Occupancy resulting in the occupancy of over 40,000 square feet within the Airport Commerce Centre, whichever shall occur first. 4. If right-of-way is available, or through cooperation with the CITY additional right-of-way can be made available at no cost to the COUNTY, the construction of a full northbound right hand turn lane on Belle Terre Boulevard on the south side of SR 100, at the intersection of SR 100 and Belle Terre Boulevard within 36 months of either a Certificate of Occupancy being issued for the Armed Forces Reserve Center or the issuance of a Certificate of Occupancy resulting in the occupancy of over 40,000 square feet of space within the Airport Commerce Centre, whichever shall occur first. If both the Armed Force Reserve Center and 40,000 square feet of space or more within the Airport Commerce Centre are issued a Certificate of Occupancy, the full northbound right hand turn lane shall be in place no later than 12 months following the issuance of the Certificate of Occupancy, providing that the required right of way is available, or through the cooperation with the CITY additional right of way can be made available, at no cost to the COUNTY. If the right-of-way is not available during this timeframes indicated above, but later becomes available, the full northbound right hand turn land shall be in place no later than 18 months from when the right-of-way becomes available. (b) The above transportation improvements shall be sufficient transportation mitigation for all the potential development on the Site and up to 80,000 square feet at the Airport Commerce Centre. For additional development, if and when, the level of service on Belle Terre Parkway from US1 to SR100 or the intersection of Belle Terre Parkway and SR100 is failing, the COUNTY shall provide a traffic analysis for ultimate build-out of the Airport Commerce Centre, including development already constructed. The COUNTY and the CITY shall jointly determine if additional traffic analysis/study is necessary and determine whether additional improvements are necessary based on the calculated impacts from the ultimate build-out of the Airport Commerce Centre. The COUNTY and CITY should jointly cooperate to plan and fund improvements identified in the traffic analysis/study and necessitated by the impacts created from the build out of the Airport Commerce Centre. Both Parties acknowledge that developments located in unincorporated Flagler County are not subject to CITY concurrency requirements.

Transportation Improvements. (a) The COUNTY agrees, and will strive to work with the CITY, to construct or cause to be constructed the off-site transportation improvements listed below in connection with development of the Site National Guard Readiness Center and the Airport Commerce CentreIndustrial Park, in locations as generally depicted on Exhibit “D”” attached hereto and by reference made a part hereof. Said improvements to CITY streets shall be constructed to CITY standards, and require CITY approval pursuant to the CITY’s standard regulationapproval, which approval will not be unreasonably withheld. The improvements are: 1. : and further described below: The construction of a modified northbound right hand turn lane on Belle Terre Boulevard BoulevardParkway at the driveway/road entrance entrance. This is proposed to be constructed by the National Guard prior to a Certificate of Occupancy being issued on the Armed Forces Reserve Center or building per the issuance of a Certificate of Occupancy resulting COUNTY’s lease agreement with the National Guard. The National Guard will receive COUNTY transportation impact fee credits for these improvements. The COUNTY agrees to make the improvement contemplated in the occupancy of over 40,000 square feet of space within the Airport Commerce Centre, whichever shall occur first. 2. The enhancement of the modified northbound right hand turn lane on Belle Terre Boulevard at the driveway/road entrance paragraph above into a full right-hand decel lane, lane to the extent physical design conditions permitpermits, prior to upon the issuance of a Certificate certificate of Occupancy occupancy permit resulting in the occupancy of over 80,000 20,000 square feet footage of industrial space within upon the Airport Commerce Centre. 3southern portion of the airport utilizing Belle Terre Boulevard as its primary access. The construction of a full southbound left hand turn lane on Belle Terre Boulevard BoulevardParkway at the driveway/road entrance entrance. This is proposed to be constructed by the National Guard prior to a Certificate of Occupancy being issued on their building per the Armed Forces Reserve Center or the issuance of a Certificate of Occupancy resulting in the occupancy of over 40,000 square feet within the Airport Commerce Centre, whichever shall occur first. 4. If right-of-way is available, or through cooperation COUNTY’s lease agreement with the CITY additional right-of-way can be made available at no cost to the COUNTY, the National Guard. The National Guard will receive COUNTY transportation impact fee credits for these improvements. The construction of a full northbound right hand turn lane on Belle Terre Boulevard on the south side of SR 100, at the intersection of SR 100 and Belle Terre Boulevard within 36 months Boulevard. This shall be the responsibility of either the COUNTY. The CITY hereby agrees to a Certificate of Occupancy being issued canal crossing for the Armed Forces Reserve Center or South Airport entrance road/driveway, along with the issuance conveyance of a Certificate of Occupancy resulting in the occupancy of over 40,000 square feet of space within the Airport Commerce Centrenon-exclusive ingress/egress, whichever shall occur first. If both the Armed Force Reserve Center utility and 40,000 square feet of space or more within the Airport Commerce Centre are issued a Certificate of Occupancy, the full northbound right hand turn lane shall be in place no later than 12 months following the issuance of the Certificate of Occupancy, providing that the required right of way is available, or through the cooperation with the CITY additional right of way can be made available, at no cost drainage easement to the COUNTY, subject to an engineering technical review/approval by CITY staff, which shall not be unreasonably withheld. If In addition to the right-of-way is not available during this timeframes indicated improvements above, the COUNTY agrees to provide to the CITY all privately generated COUNTY impact fees generated on the Airport property that accesses the South Airport entrance road/driveway, to the CITY with the exception of the National Guard Facility. The COUNTY may modify the timing of payment of these fees, but later becomes available, may not otherwise waive these fees except with the full northbound right hand turn land shall be in place no later than 18 months from when concurrence of the right-of-way becomes available. (b) CITY. The above transportation improvements and transportation impact fees shall be sufficient transportation mitigation for the all the potential development on the South Airport Industrial/Business Park and on the Site that will access the South Airport entrance road/driveway and up to 80,000 square feet at the Airport Commerce Centre. For additional development, if and when, the level of service on ultimately Belle Terre Parkway from US1 to SR100 or the intersection of Belle Terre Parkway and SR100 is failing, the COUNTY shall provide a traffic analysis for ultimate build-out of the Airport Commerce Centre, including development already constructed. The COUNTY and the CITY shall jointly determine if additional traffic analysis/study is necessary and determine whether additional improvements are necessary based on the calculated impacts from the ultimate build-out of the Airport Commerce Centre. The COUNTY and CITY should jointly cooperate to plan and fund improvements identified in the traffic analysis/study and necessitated by the impacts created from the build out of the Airport Commerce Centre. Both Parties acknowledge that developments located in unincorporated Flagler County are not subject to CITY concurrency requirementsBoulevard.