MEETING AGENDA PLANNING AND ZONING COMMISSION

Transcription

1 CALL MEETING TO ORDER: CLERK TO CALL ROLL: READING OF MINUTES: April 23, 2018 MEETING AGENDA PLANNING AND ZONING COMMISSION Monday, May 14, :30 P.M. (EST) or As Soon Thereafter As Possible 450 North Wilson Avenue, Bartow, Florida CONSIDERATION OF QUESTIONS FROM THE FLOOR, PETITIONS, COMMUNICATIONS: 1. Public Comment: Matters not appearing on this agenda or matters appearing on this agenda but not scheduled for separate public hearing. NEW BUSINESS: 1. Application #DA Review and recommendation to the City Commission of a request by KMT Farm and Timber Company, LLC, a Florida limited liability corporation, and Tampa Electric Company, a Florida Corporation, to enter into a Development Agreement with the City of Bartow to allow a Utility-owned Renewable Generation System (e.g. Solar Farm) on approximately 358 acres of property currently owned by KMT Farm and Timber Company, LLC, a Florida limited liability corporation. The site is located on the south side of Smith Lane, west of U.S. Highway 98 North, and east of E.F. Griffin Road, in Sections 24 and 25, Township 29S, Range 24E, Polk County Florida. (Public Hearing Required) PROJECT UPDATES: NEXT MEETING: June 25, 2018 ADJOURNMENT:

2 CITY OF BARTOW PLANNING AND ZONING COMMISSION MONDAY, APRIL 23, 2018 AT 5:30 P.M. (EST) 450 N. WILSON AVENUE, BARTOW, FL MINUTES The Planning and Zoning Commission of the City of Bartow met on Monday, April 23, 2018 at 5:30 p.m. in the Commission Chambers located at City Hall, 450 N. Wilson Avenue, Bartow, FL Notice of this meeting was posted at City Hall, Bartow Public Library and on the City's website 1. CALL TO ORDER Chairperson Miller called the meeting to order at 5:30 p.m. 2. ROLL CALL Assistant City Clerk Donna Clark called the roll and attendance was as follows: Commissioners Present: Commissioners Absent: Staff Members Present: Planning Commissioner Michael Bryant Planning Commissioner Cliff Daniels (arrived at 5:33 p.m.) Planning Commissioner Keith Miller, Chairperson Planning Commissioner Sharon Casey, Vice Chairperson Planning Commissioner Steven Johannsen City Planning Director Bob Wiegers City Attorney Sean Parker Assistant City Clerk Donna Clark Planning Director Wiegers stated that Planning Commissioner Johannsen notified staff that he would not be able to attend tonight s meeting. He stated the Planning Commissioner Daniels indicated that he would be attending and is running late. 3. APPROVAL OF MINUTES: March 26, 2018 Regular Meeting MOTION was made by Commissioner Bryant seconded by Vice Chairperson Casey to approve the March 26, 2018 Regular Meeting minutes as presented. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Bryant, Daniels, Miller, Casey NAY: None

3 Planning and Zoning Commission minutes April 23, 2018 at 5:30 p.m. Page 2 of 4 Motion carried. 4. CONSIDERATION OF QUESTIONS FROM THE FLOOR, PETITIONS, COMMUNICATIONS: a. PUBLIC COMMENT: 1. Matters not appearing on this agenda or matters appearing on this agenda but not scheduled for separate public hearing. Chairperson Miller opened and closed the public comment period for matters not appearing on this agenda or matters appearing on this agenda but not scheduled for separate public hearing. There were no comments. 5. NEW BUSINESS 1. Application #SDP Mary Tramel Johnson, Renewing The Hope Empowerment Church, applicant, requests review and action on a Site Development Plan application to permit a church in the C-2, Community Commercial zoning district. The property is owned by Quang Nguyen and is located at 1255 East Main Street. (Review and Action Required) Planning Director Wiegers stated this application is for a Site Development Plan approval to allow a church in a C-2, Community Commercial zoning district. He stated this is located at 1255 East Main Street, on the south side of Main Street about 300 feet west of Highway 17. The building at this location is split into two (2) sections and the applicant would be leasing the east side of the building. He stated that Pastor Johnson is relocating her church from 160 South Wilson Avenue. He stated a public hearing is not required on this application so it was not advertised as such. General notice of the meeting was performed by posting the meeting agenda on the City s website and City Hall bulletin board. He stated he is not aware of any problems with the request. He stated that he mentioned to the applicant that she should contact the abutting property owner to the east of her location to see if they would allow her to use the parking lot. He stated that the property owner submitted in writing that they will allow Pastor Johnson and her congregation to utilize the parking lot. He stated that the hours of operations will be two evening services during the week and one service on Sunday mornings and this will not interfere with the normal business hours of the professional building. He continued to go through his staff report. (A copy of the staff report is attached to these minutes and is described as Exhibit A.) MOTION was made by Commissioner Daniels and seconded Vice Chairperson Casey to approve Application #SDP to review and take action on a Site Development Plan application to permit a church in the C-2, Community Commercial zoning district.

4 Planning and Zoning Commission minutes April 23, 2018 at 5:30 p.m. Page 3 of 4 VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Bryant, Daniels, Miller, Casey NAY: None Motion carried. 2. Application #SDP Verna Graham s Learning Academy II, LLC, applicant, requests review and action on a Site Development Plan application to permit a child care facility in the C-2, Community Commercial zoning district. The property is owned by Joshua Adams and is located at 1165 East Main Street. (Public Hearing Required) Planning Director Wiegers stated this application is for a Site Development Plan to allow a child care facility in a C-2, Community Commercial zoning district. He stated this is located at 1165 East Main Street, four properties west of the previous site. He stated that this location was used as a child care facility known as New Beginnings Pre- School of Bartow, LLC. He stated that the previous daycare facility did receive approval from the board but they never opened because they did not complete the improvements that were required by the Fire Marshal and Building Department. He stated that the applicant has experience in child care since she runs Graham s Learning Academy I, located on the corner of Georgia Street and Gulfview Avenue. He stated a public hearing is not required on this application so it was not advertised as such. General notice of the meeting was performed by posting the meeting agenda on the City s website and City Hall bulletin board. He continued to go through the staff report. (A copy of the staff report is attached to these minutes and is described as Exhibit B.) MOTION was made by Vice Chairperson Casey and seconded Commissioner Bryant to approve Application #SDP to review and take action on a Site Development Plan application to permit a child care facility in the C-2, Community Commercial zoning district. VOTE TO THE MOTION WAS AS FOLLOWS: AYE: Bryant, Daniels, Miller, Casey NAY: None Motion carried. 6. PROJECT UPDATES - None There were no updates.

5 Planning and Zoning Commission minutes April 23, 2018 at 5:30 p.m. Page 4 of 4 7. NEXT MEETING: Monday, May 14, 2018 Planning Director Wiegers stated the next meeting will be May 14, 2018 due to the fourth Monday on May is Memorial Day. Planning Commissioner Daniels informed the board that he will not be able to make the May 14 th, 2018, meeting due to high school graduation commitments with his family. 8. ADJOURNMENT Chairperson Miller adjourned the meeting at 5:47 p.m. Chairperson Keith Miller Attest: Assistant City Clerk Donna Clark (seal)

6 Case #DA / Silver PD Solar Development Agreement Planning Department Staff Report P & Z Hearing Date: May 14, 2018 City Commission Dates: June 4, 2018 GENERAL INFORMATION Request: Applicants: Owner: Location: Review and recommendation to the City Commission of a request to enter into a Development Agreement with the City of Bartow to allow a Utilityowned Renewable Generation System (e.g. Solar Farm) within the Silver Planned Development (PD). KMT Farm and Timber Company, LLC Tampa Electric Company, a Florida Corporation KMT Farm and Timber Company, LLC South side of Smith Lane, west of U.S. Highway 98 North, and east of E.F. Griffin Road, in Sections 24 and 25, Township 29S, Range 24E, Polk County Florida. Project Size: 358 acres (+/-) Approval Authority: Sections through , Florida Statutes, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the City. The Act authorizes local governance by ordinance to establish procedure and equitable requirements to consider and enter into development agreements, to encourage a stronger commitment to comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, to reduce the economic cost of development, and to provide certainty to developers in the approval of development and assurances that they may proceed in accordance with existing laws and policies subject to the conditions of such development agreements. Pursuant to Section of the Act, the City has adopted Section of the Uniform Land Development Code (ULDC), establishing procedures and requirements to consider and enter into development agreements and further sets forth the requirements and standards to be used in the application, approval, and implementation of development agreements. STAFF ANALYSIS: The Development Agreement ( Agreement ) was prepared and submitted (See Attached) by Bart Allen, Peterson & Myers, P.A., P.O. Box 7608, Winter Haven, Florida 33883, on behalf of KMT Farm and Timber Company, LLC and Tampa Electric Company, a Florida Corporation. It was prepared for the purpose of satisfying Condition of Approval #16(H) of the Amended Land

7 Case #DA / Silver PD Solar Development Agreement May 14, 2018 Page 2 of 3 Use Plan approved by the City Commission on January 2, 2018 and Policies 1.1.8(b) and 2.7.2(k) of the Comprehensive Plan Future Land Use Element which requires the incorporation of an Agreement to further the development interests of all parties when consideration is given to incorporating a Utility-owned Renewable Generation Systems (URGS) in this project. The Silver Planned Development (PD) was approved by the City in 2004 to accommodate the owner s desired to establish a project with a mix of uses that would provide for orderly, infillgrowth, consistent with established objectives and policies. It was subsequently amended in June 2006 to add 9.8 acres, revise the LUP and modify specific Conditions of Approval. In September 2008 it was again amended to modify a specific COA to reflect payment in lieu of site dedication for a fire station, allow senior living as permitted use in Land Bay 8 and reflect a new plan received date. A Preliminary Subdivision Plan was approved in February 2005 and the Development Review Committee approved the Phase I Construction Plans in January During this time the owner also transferred property title to the Polk County School Board for the construction of Spessard Holland Elementary School and the Polk County Board of County Commissioners for the construction of Smith Lane and associated stormwater retention areas. Physical construction within the project commenced in 2008 when the developer constructed a lift station in the northern portion of the project to accommodate the flows received from the new school and future flows from the balance of the project. In June 2015 the PD was again amended to include Institutional land uses as a permitted use; modify Conditions of Approval to reflect land use changes and alter the intensity of land uses throughout the development and adjust acreages to reflect the proposed development layout. The most recent amendment occurred in January 2018 when the City Commission approved the addition of Utility-owned Renewable Generation Systems (e.g. URGS) as a permitted use. Once this Development Agreement is finalized, TECO plans to construct a URGS on the property with a maximum capacity not exceed 74.9 MW (AC). The City s Planning Director and City Attorney met with the project s representatives in January 2018, to discuss the submittal. The DA addresses items such as land use compatibility, development timeframes, operating standards, system maintenance, length of service expectations, decommissioning timeframes, and site restoration. The DA is intended to last 30 years at which time it will expire. It may be extended by mutual consent of the parties, subject to the results of a public hearing. Public notice of the request was published in the local newspaper. Seventy-four properties were identified within the 500 notification radius and the owners were noticed of the request. IMPACT ANALYSIS The Agreement and the development authorized by its execution must be consistent with the City's Comprehensive Plan and Unified Land Development Code. Subject to the review and consideration given to Future Land Use Element Policies 1.1.8(b) and 2.7.2(k) and the Amended Land Use Plan approved by the City Commission on January 2, 2018, it is the Planning Department staff s opinion that these requirements have been satisfied.

8 Case #DA / Silver PD Solar Development Agreement May 14, 2018 Page 3 of 3 If approved the City will inspect the project at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. Each annual review shall be incorporated into a written report which shall be submitted to the parties to the agreement and the state land planning agency. The report shall be limited to the information sufficient to determine the extent to which the parties are proceeding in good faith to comply with the terms of the development agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the City. This request is consistent with and assists the City in meeting Strategic Planning Goal #1 Financially Sound, High Performing City Organization; Goal #3 - Diverse, Expanding Local Economy Increasing Community Prosperity and Wealth and; and Goal #5 - Redevelop and Grow the City. STAFF RECOMMENDATION The terms of the Development Agreement are consistent with the City s Comprehensive Plan and ULDC as they relate to the review and approval of the URGS. It is the Planning Department staff s opinion that the standards to approve this application as requested by the applicant have been satisfied and that the Planning and Zoning Commission may recommend approval of this request to the City Commission. PLANNING AND ZONING COMMISSION RECOMMENDATION To be inserted prior to City Commission Hearing.

9 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT is made and entered into this day of February, 2018 (the Effective Date ), by and among KMT FARM AND TIMBER COMPANY LLC, a Delaware limited liability company, whose address is 1001 East Telecom Drive, Boca Raton, Florida (the Owner ), or its successor or assigns, and TAMPA ELECTRIC COMPANY, a Florida corporation, whose address is 702 North Franklin Street, Tampa, Florida ( TECO ), or its successor or assigns, and THE CITY OF BARTOW, a political subdivision of the State of Florida, whose address is 450 South Broadway Avenue, Bartow, Florida (the City ) pursuant to the authority of Sections , Florida Statutes (2017), the Florida Local Government Development Agreement Act (the Act ). WITNESSETH WHEREAS, the Act authorizes local governance by ordinance to establish procedure and equitable requirements to consider and enter into development agreements with any person having a legal or equitable interest in real property located within its jurisdiction, to encourage a stronger commitment to comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, to reduce the economic cost of development, and to provide certainty to developers in the approval of development and assurances that they may proceed in accordance with existing laws and policies subject to the conditions of such development agreements; WHEREAS, the Act provides that the local government s laws and policies governing the development of the land at the time of the execution of the Development Agreement shall govern the development of the land for the duration of the Development Agreement until and unless subsequently adopted laws and policies are applied to the Development Agreement, but only after a public hearing has been held and specific determinations made as provided for in such Act; WHEREAS, the City of Bartow Unified Land Development Code (the ULDC ) provides, or will provide, for certain materials and information to be included in and made part of the Development Agreement, and further sets forth the requirements and standards to be used in the application, approval, and implementation of the Development Agreement; WHEREAS, Owner is the owner in fee simple of the lands located south of Smith Lane, west of U.S. Highway 98 South, and east of E. F. Griffin Road, within Section 25, Township 29, Range 24 East, located within City s jurisdiction (the Property ); WHEREAS, the Property is subject to that certain planned development, the Silver Planned Development Amended Land Use Plan dated Received December 13, 2004, as amended April 19, 2006, June 26, 2008, February 23, 2015, and October 16, 2017 (the Silver PD ); WHEREAS, TECO desires to construct a Utility-owned Renewable Generation Systems (URGS) on the Property (the Development ); Page 1 of 16

10 WHEREAS, Owner, TECO, and City desire to enter into this Development Agreement to establish the respective rights of Owner, TECO, and City in accordance with the terms and conditions of this Development Agreement; and WHEREAS, the Development and the Development Agreement are consistent with the City of Bartow 2030 Comprehensive Plan (the Comp Plan ). NOW THEREFORE, in consideration of the mutual terms, covenants, and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is mutually agreed as follows: ARTICLE I RECITALS AND DEFINITIONS 1.1 Recitals. The foregoing recitals are incorporated herein by reference as if recited in full and serve as factual stipulation upon which the parties agree is the basis of this Development Agreement. 1.2 Definitions. The capitalized terms contained herein and not otherwise defined herein shall have the meanings assigned to them in the ULDC and Comp Plan. The terms herein, hereof, and hereunder and words of similar import shall be defined as set forth in the above recitals or as specified in the following paragraphs. ARTICLE II CONDITIONS OF DEVELOPMENT AGREEMENT 2.1 Legal Description of the Development. A Land Use Plan for the overall Silver Planned Unit Development (the LUP ) is attached as Exhibit A and a copy of the legal description for the area of the URGS project area is attached as Exhibit B, respectively. 2.2 Duration of Agreement. This Development Agreement shall terminate thirty (30) years from years from Commercial Operation Date of the facility. This Development Agreement may be extended by mutual consent of the parties, subject to a public hearing in accordance with the notice requirements of the ULDC and as allowed in Sections and , Florida Statutes. 2.3 Land Use Designation and Permitted Development Uses. The land use designation of the Development is a Planned Development with Single Family Residential, Multi- Family Residential, Commercial, and Institutional mixed uses. 2.4 Public Utilities Water and wastewater services shall be provided to the Development by City of Bartow Utilities to serve the Single Family Residential, Multi-Family Residential, Commercial, and Institutional aspects of the Development. Page 2 of 16

11 2.4.2 Prior to issuance building permits, TECO shall dedicate to the City of Bartow the necessary utility easement, not to exceed twenty (25 ) feet in width, to allow the construction of up to two (2) wastewater lines as part of the project site, to allow the extension of the existing wastewater facilities owned by the City of Bartow located along the western property line in the E. F. Griffin Road right-of-way to the eastern property line lying adjacent to U.S. Highway Satisfaction of Concurrency Requirements. Due to the limited impacts to infrastructure anticipated from URGS, the Development, will be developed in accordance with the applicable provisions of the Comp Plan, ULDC, and this Development Agreement, and is anticipated to satisfy the Transportation concurrency requirements, as described in the ULDC, Comp Plan, and Florida Statutes. 2.6 Development Permits. Owner shall be required to secure all applicable local development permits for any proposed construction of the Development on the Property. Owner shall also obtain all necessary City, region, state, and federal approvals in connection with the construction of the Development on the Property. 2.7 Consistency with City of Bartow Comprehensive Plan. This Development Agreement and the proposed Development are consistent with the Comp Plan and ULDC. 2.8 Insufficiency of Agreement. In the event that this Development Agreement fails to address a particular permit, condition, term, or restriction, Owner shall not be relieved of the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions. 2.9 Compliance with Applicable Standards. Any public facility, including water, wastewater, or transportation facility, designed and constructed by Owner shall be in compliance with all applicable City standards and requirements, and applicable region, state, and federal standards and requirements Consistency with Florida Statutes. This Development Agreement meets the requirements of applicable Florida Statutes. ARTICLE III AGREEMENTS BY CITY AND OWNER Pursuant to the terms and conditions set forth in this Development Agreement, City and Owner hereby consent and agree as follows: 3.1 General Provisions Any and all existing approvals for the Development, as may be subsequently modified, and any conditions associated therewith, approved by City subsequent to this Development Agreement, shall remain in full force and effect during the term of this Agreement. Page 3 of 16

12 3.1.2 Development shall conform to the Silver PD and to the following conditions of approval. Development based upon this approval shall comply with all other applicable federal, state, and local laws, ordinances, and regulations, which are incorporated herein by reference, except to the extent the applicable laws, ordinances, and regulations are expressly waived or modified by these conditions, or by action approved by City Financial/Ad Valorem Tax Provisions TECO will commit to maintaining the ad valorem tax revenue at minimum as generated under the current exemption levels established Fla. Legislature in the event the exemption is increased. Sean Parker can work through this language with the City Manager George Long. 3.3 Land Development Provisions Utility-owned Renewable Generation Systems (URGS) are permitted only in areas designated for low density residential and Parcel 4 subject to the following: A. Ground-mounted URGS that generate less than 75 megawatts as provided in the Power Plant Siting Act ( PPSA ), Chapter Sections , may be permitted subject to the standards of the ULDC, as may be amended; B. The PUD approval for the Commercial PV System shall expire shall expire 30 years from Commercial Operation Date of the facility or January 31, C. Within 30 days of the beginning of each calendar year, the TECO shall provide a report demonstrating the URGS was operational and the system meets TECO s requirements as an operational unit by the Florida Public Service Commission for the prior calendar year.; D. If TECO notifies the City that the URGS did not meet the operational unit status of the Florida Public Service Commission, TECO shall provide a Facility Recovery Plan within 60 days E. At the earlier of either (1) the expiration of approval of the URGS or (2) within one year from TECO s notification to the City that the URGS did not meet the operational unit status of the Florida Public Service Commission and TECO intends to decommission the facility, the property owner shall decommission the facility and remove all panels, poles, or other equipment from the property within 180 days.; F. Upon decommissioning the site, the Property shall revert to the residential development approvals shown on the Silver PD; and G. Any modification to the conditions for the URGS or the addition of land to the Silver PD shall require a major modification to the Silver PD which shall be approved by the City Commission for the City of Bartow. Page 4 of 16

13 3.3.2 Prior to construction plan approval for any portion of the Development, TECO shall dedicate sufficient right-of-way to facilitate future expansion needs for E. F. Griffin Road. Said right-of-way dedication shall be consistent with standards established by Polk County for collector roadways. KMT shall be responsible for all access improvements associated with the project s southern two entrances to US Highway 98 South. Improvements may include but not be limited to turn lanes, median improvements, and traffic control devices. All such improvements shall be permitted through the State Department of Transportation prior to approval of site construction plans that rely on individual access points to US Highway 98 South Roadways/driveways utilized for emergency access to E. F. Griffin Road shall be stabilized in a manner that will support City emergency rescue equipment. Details and specifications shall be reviewed and approved concurrent with construction plan review and approval The landscape berms and buffers required by the terms and conditions of the settlement agreement reached in Frost v. Silver Companies, et. al. shall be constructed concurrently with site development activities associated with the adjoining land bays. Specific planting and irrigation plans shall be provided either prior to or submitted concurrently with construction plan review and approval. City shall not be responsible for enforcing the terms and conditions of the settlement agreement reached in Frost v. Silver Companies, et. al., with regards to tree preservation, landscape installation, and maintenance Existing billboards on the KMT s Property shall be removed by KMT prior to the issuance of a certificate of completion for the first phase of residential construction Future roadway and multi-model improvements shall be consistent with the long range transportation plans of Polk County and City The development of a Commercial PV System does not impact the density or intensity of the Silver PD and the property retains its low density residential approvals. At such time as the Commercial PV System is decommissioned, the subject property shall be recognized as low density residential. 3.4 Operational Provisions The Development s Commercial PV system shall be installed in a manner which minimizes adverse impacts of the system through appropriate design, siting, and screening in order to accommodate the growing need for such systems, while promoting and encouraging the growth of alternative energy sources Development Standards. A. Height. The Development s Commercial PV System shall not exceed fifteen (15 ) feet, as measured from the finished grade of the site to the highest projection of the system or supporting structure. Page 5 of 16

14 B. Setbacks. The Development s equipment, structures, and access roads shall be set back a minimum distance of twenty-five (25 ) feet from the boundary of the project site, unless otherwise required by Section hereof. The minimum setback shall be increased to accommodate a buffer yard consistent with Section of the ULDC. Stormwater management facilities and underground utility corridors may be located within the setback yard. C. Security Barrier and Signage. The Development shall be enclosed by a six (6 ) foot high security barrier, consisting of a fence, wall, or a combination of both, and include warning signage consistent with applicable industry standards. The security barrier shall be installed on the inside of required landscape and buffer areas. When adjacent to residentially designated property, the security barrier shall be black, green, or brown in color. D. Landscape Buffers. The perimeter of the Development shall include landscape buffers consistent with the requirements of (G) of the ULDC, except that it shall be installed on the outside of the security barrier. E. Access. Internal access roads shall be constructed in a manner that is consistent with the City s Infrastructure Development Standards, including the ability to utilize alternative paving methods. F. Interconnection. Connection to the transmission line shall be made to the closest available point and as close to the eastern boundary of the project area as commercially practicable Operation and Maintenance. A. The Development s Commercial PV System shall be maintained throughout its working life in a manner consistent with industry practices and standards. An annual operating report shall be submitted to the City in a format that is mutually agreed upon prior to the system being placed in service. B. TECO shall implement a repair/recovery plan within 90 days for system components that are damaged or otherwise cease to function.. If the system ceases to function properly or is abandoned for more than one hundred twenty (120) days, without a recovery plan as provided Paragraph (D), it shall be decommissioned and all components disposed of according to industry practices and standards and the development site shall be restored to the condition that existed immediately following the initial site clearing and grading. C. TECO shall prepare an Emergency Response Plan and work with the City to establish the appropriate procedures in the event the City is required to respond to an emergency situation at the Commercial PV system Decommissioning. Upon the end of the term of operations, unless terminated earlier or extended pursuant to the terms of this Agreement, Owner shall be responsible for the decommissioning of the project. Decommission shall be completed within 180 days following the end of the term of operations. Decommissioning shall include the removal and disposal of all Page 6 of 16

15 material and equipment from the development site in a manner consistent with industry standards and practices and the restoration of the site to the condition that existed immediately following the initial site clearing and grading. ARTICLE IV MISCELLANEOUS PROVISIONS 4.1 Notice. Owner, TECO, and the City hereby consent and agree to comply with all standards and requirements for notices and hearings concerning this Development Agreement, as set forth in Chapter 9 of the ULDC City. Notices to the City shall be provided as follows: Mayor City of Bartow 450 N. Wilson Ave. Bartow, Florida Attn: City Manage, City Planner, City Clerk Owner. Notices to Owner shall be provided as follows: KMT Farm & Timber Company LLC Attn: Larry D. Silver 1001 E. Telecom Dr. Boca Raton, Florida with a copy to: John B. Bart Allen Peterson & Myers, P.A. P.O. Box 7608 Winter Haven, Florida TECO. Notices to TECO shall be provided as follows: Tampa Electric Company Attn: General Counsel 702 N. Franklin St. Tampa, Florida Amendment or Cancellation. This Development Agreement may be amended or canceled by mutual written consent of the parties to this Development Agreement, or by their successors in interest, in accordance with the provisions of Section the ULDC. Page 7 of 16

16 4.3 Recordation. Pursuant to Section , Florida Statutes, within fourteen (14) days after City approves and executes this Development Agreement, the Owner shall record the Development Agreement in the public records of Polk County. Owner shall pay the costs of recording this Development Agreement. Within fourteen (14) days after this Development Agreement is recorded, City shall submit this Development Agreement to the Florida Department of Economic Opportunity. If this Development Agreement is amended, canceled, modified, extended, or revoked, the Clerk of the City shall record notice of such action in the public records of Polk County and such recorded notice shall be submitted by the Clerk to the Florida Department of Economic Opportunity. 4.4 Applicable Law, Enforcement, Jurisdiction, and Venue. This Development Agreement shall be subject to the following provisions: This Development Agreement and the rights and obligations of City, TECO, and Owner hereunder shall be interpreted, governed by, construed under, and enforced in accordance with the applicable laws of the State of Florida, and the Laws of City pursuant to the ULDC, Comp Plan, and City Utilities Code, and any amendments thereto in effect on the effective date of this agreement. This Agreement may be enforced as provided in Section , Florida Statutes Venue for any litigation pertaining to the subject matter hereof shall be exclusively in the state courts in and for Polk County, Florida, or Federal Court in the Middle District of Florida, located in Tampa, Florida If any section, phrase, sentence, or portion of this Development Agreement is, for any reason, held to be invalid by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof The fact that this Development Agreement does not detail all laws, rules, regulations, permits, conditions, terms, and restriction that must be satisfied to complete the Development shall not relieve the Owner, TECO, City, or their respective successors in interest, of the obligation to comply with the law governing such permit requirements, conditions, terms and regulations, except as otherwise provided herein. 4.5 Captions and Paragraph Headings. Captions and paragraph headings contained in this Development Agreement are for convenience and reference only, and in no way define, describe, extend, or limit the scope of intent of this Development Agreement, nor the intent of any provision hereof. 4.6 Merger. This Development Agreement constitutes the entire understanding of the parties and the parties agree that no representation was made by or on behalf of either that is not contained in this Development Agreement and that in entering into this Agreement neither relied upon, or was entitled to rely upon, any representation not herein specifically set forth. It supersedes any prior understandings, agreements, or obligations between them upon the subjects covered in this Agreement. Page 8 of 16

17 4.7 Attachments. All attachments attached hereto contain additional terms of this Development Agreement and are incorporated herein by reference. 4.8 Counterparts. This Development Agreement may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and same Development Agreement. 4.9 Successors and Assigns. This Agreement may be assigned by Owner or TECO, or its successors, subject to the written consent of the City, which consent shall not be unreasonably withheld Effective Date and Duration. This Agreement shall become effective after it has been recorded in the public records of Polk County and thirty (30) days after it is received by the Florida Department of Community Affairs (the "Effective Date"). This Development Agreement shall remain in effect for a period of thirty (30) years from the Effective Date, accordance with Section , Florida Statutes. The parties hereto further acknowledge that the Development Agreement may be further extended by mutual agreement of the parties and in accordance with the notice requirements of Sections through of the ULDC, and as allowed under Section , Florida Statutes. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Development Agreement on the day(s) and year set forth below. [SIGNATURES ON FOLLOWING PAGES] Page 9 of 16

18 CITY SIGNATURE PAGE CITY: MAYOR, CITY OF BARTOW ATTEST: Jacqueline Poole, Clerk By: By: Date: Approved for Legal Sufficiency: By: City Attorney s Office Page 10 of 16

19 OWNER SIGNATURE PAGE OWNER: KMT FARM AND TIMBER COMPANY LLC, a Delaware limited liability company Print Name: Witness #1 Print Name: Witness #2 By: Silver Capital Advisors, Inc., a Delaware corporation, its Manager By: Larry D. Silver, its President Date: STATE OF FLORIDA CITY OF POLK The foregoing instrument was signed, sealed, delivered and acknowledged before me this day of February, 2018, by Larry D. Silver, as President of Silver Capital Advisors, Inc., a Delaware corporation, as the Manager of KMT FARM AND TIMBER COMPANY LLC, a Delaware limited liability company, on behalf of the company. Such person is personally known to me or produced as identification. (NOTARY SEAL) Notary Name: My Commission Expires:

20 TECO SIGNATURE PAGE TECO: TAMPA ELECTRIC COMPANY, a Florida corporation Print Name: Witness #1 By:, its Date: Print Name: Witness #2 STATE OF FLORIDA CITY OF POLK The foregoing instrument was signed, sealed, delivered and acknowledged before me this day of February, 2018, by, as of TAMPA ELECTRIC COMPANY, a Florida corporation, on behalf of the company. Such person is personally known to me or produced as identification. (NOTARY SEAL) Notary Name: My Commission Expires:

21 List of Attachments Exhibit A Exhibit B Exhibit C Land Use Plan of the Development Property Legal Description Border Site Plan 13 of 16

22 EXHIBIT A Silver Planned Development Amended Land Use Plan

23 EXHIBIT B Silver PD Solar Legal Description PARCEL 1: A parcel of land being a portion of Sections 24 and 25, Township 29 South, Range 24 East and Section 30, Township 29 South, Range 25 East, all in Polk County, Florida, being described as follows: Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 24; thence South 89 52'52" East, along the North line of said Southeast 1/4 of the Northwest 1/4, a distance of feet to the Westerly right-of-way line of State Road 700 (West. U.S. Highway 98); thence South 30 47'58" East, along said Westerly right-of-way line, feet to the Point of Beginning; thence South 30 51'26" East, along said Westerly right-of-way line, feet; thence South 40 30'10" West, feet; thence South 50 13'50" West, feet; thence South 23 00'19" East, feet to a point on a non-tangent curve to the left, having a radius of feet, a central angle of 32 06'50", a chord bearing of North 75 11'59" East, and a chord distance of feet; thence Easterly along the arc of said curve, feet to the point of tangency; thence North 59 08'34" East, feet to said Westerly rightof-way line; thence South 30 51'26" East, along said Westerly right-of-way line, feet; thence South 59 08'34" West, feet to the point of curvature of a curve to the right, having a radius of feet, a central angle of 23 45'25", a chord bearing of South 71 01'16" West, and a chord distance of feet; thence Westerly along the arc of said curve, feet; thence South 26 59'24" East, feet; thence South 76 22'18" East, feet; thence North 54 57'35" East, feet; thence North 72 09'18" East, feet to said Westerly right-of-way line; thence South 30 51'26" East, along said Westerly right-of-way line, feet; thence South 63 25'33" West, feet; thence South 28 20'44" West, feet; thence South 00 00'00" West, feet; thence South 89 45'58" East, feet to said Westerly right-of-way line; thence South 30 51'26" East, along said Westerly right-of-way line, feet to the North line of the South 1/2 of said Section 30; thence North 89 59'32" West, along said North line, feet to the East line of said Section 25; thence South 00 33'46" East, along said East line, feet to the South line of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 25; thence North 89 54'36" West, along said South line, feet to the West line of said North 1/2 of said Southeast 1/4 of the Southeast 1/4 of Section 25; thence North 00 34'02" West, along said West line, feet to the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 25; thence North 89 51'47" West, along said South line, feet to the Southwest corner of said Northwest 1/4 of the Southeast 1/4 of Section 25; thence North 89 52'32" West, along the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 25, a distance of feet; thence South 00 35'36" East, feet; thence North 89 58'14" West, feet; thence North 00 34'44" West, feet; thence North 89 52'13" West, feet to the East right-ofway line of E.F. Griffin Road; thence North 00 33'20" West, along said East right-of-way line, feet to the North line of the South 264 feet of the Northeast 1/4 of the Northwest 1/4 of said Section 25; thence South 89 40'28" East, along said South line, feet to the West line of the Northwest 1/4 of the Northeast 1/4 of said Section 25; thence North 00 34'19" West, along said West line, feet to the South line of the North 264 feet of said Northeast 1/4 of the Northwest 1/4 of Section 25; thence North 89 34'47" West, along said South line, feet to said East right-of-way line; thence North 00 33'20" West, along said East rightof-way line, feet to the North line of the North 264 feet of said Northeast 1/4 of the

24 Northwest 1/4 of said Section 25; thence South 89 34'47" East, along said North line, feet to the West line of the Southwest 1/4 of the Southeast 1/4 of said Section 24; thence North 00 29'51" West, along said West line, feet to the North line of said Southwest 1/4 of the Southeast 1/4 of Section 24; thence South 89 40'25" East, along said North line, feet to the Point of Beginning. LESS and EXCEPT that portion conveyed to Lakeland Regional Health Systems Inc. recorded in Official Records Book 9589, Page 2. PARCEL 2: A portion of the South 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 24, Township 29 South, Range 24, East, Polk County, Florida. PARCEL 3: A parcel of land being a portion of Section 25, Township 29 South, Range 24 East, Polk County, Florida, being described as follows: Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 24; thence South 89 52'52" East, along the North line of said Southeast 1/4 of the Northwest 1/4, a distance of feet to the Westerly right-of-way line of State Road 700 (U.S. Highway 98); thence South 30 47'58" East, along said Westerly right-of-way line, feet; thence South 30 51'26 " East, along said Westerly right-of-way line, feet to the Point of Beginning; thence South 59 08'34" West, feet to the point of curvature of a curve to the right, having a radius of feet, a central angle of 23 45'25", a chord bearing of South 71 01'16" West, and a chord distance of feet; thence Westerly along the arc of said curve, feet; thence South 26 59'24" East, feet; thence South 76 22'18" East, feet; thence North 54 57'35" East, feet; thence North 72 09'18" East, to said Westerly right-of-way line, feet; thence North 30 51'26" West, along said Westerly right-of-way line, feet to the Point of Beginning. PARCEL 4: A parcel of land being a portion of Section 25, Township 29 South, Range 24 East and Section 30, Township 29 South, Range 25 East, all in Polk County, Florida, being described as follows: Commence at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 24; thence South 89 52'52" East, along the North line of said Southeast 1/4 of the Northwest 1/4, a distance of feet to the Westerly right-of-way line of State Road 700 (U.S. Highway 98); thence South 30 47'58" East, along said Westerly right-of-way line, feet; thence South 30 51'26" East, along said Westerly right-of-way line, feet to the Point of Beginning; thence South 63 25'33" West, feet; thence South 28 20'44" West, feet; thence South 00 00'00" West, feet; thence South 89 45'58" East, feet to said Westerly right-of-way line; thence North 30 51'26" West, along said Westerly rightof-way line, feet to the Point of Beginning. PARCEL 5: The North 1/2 of the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 25, Township 29 South, Range 24 East, Polk County, Florida. PARCEL 6: The Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 25, Township 29 South, Range 24 East, Polk County, Florida. PARCEL 7: The East 25 acres of the Southeast 1/4 of the Southwest 1/4 of Section 25, Township 29 South, Range 24 East, Polk County, Florida; LESS AND EXCEPT the North 1040 feet of the West 535 feet thereof.

25 PARCEL 8: The North 1040 feet of the West 535 feet of the East 25 acres of the Southeast 1/4 of the Southwest 1/4 of Section 25, Township 29 South, Range 24 East, Polk County, Florida. PARCEL 9: A portion of the South 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 24, Township 29 South, Range 24, East, Polk County, Florida.