Resolution approving an agreement between Tomoka Pointe, Tomoka Town Center, and the City of Daytona Beach that will convey specific cross access rights, construction responsibilities, and maintenance responsibilities for Tomoka Town Center Way.  If the POA or its successors in interest fail to maintain TTC Way and the City elects to maintain it, the City can charge the POA or its successors in interest for the cost of the maintenance.  The agreement further provides the City with the ability to lien properties.   

The agreement outlines the following:

• Cross Access:  Tomoka Pointe, as owner of TTC Way will grant cross access as outlined in the agreement to Tomoka Town Center 

• Cross Access:   Tomoka Town Center will grant Tomoka Pointe cross access within the TomokaTown Center as outlined in the agreement. 

• Construction:  Tomoka Pointe shall be responsible for constructing TTC Way upon that tract identified on the Town Center Parcel B Partial Replat.  Construction shall be consistent with the Construction Plans on file with the City of Daytona Beach.   

• Maintenance:  Tomoka Pointe, upon completion of construction of TTC Way shall transfer title of TTC Way to the POA.  The POA shall be responsible for maintaining or causing to be maintained TTC Drive in good condition, including, but not limited to, those maintenance requirements detailed in the Construction Plans, in perpetuity.

Recommendation:  Deputy Public Works Director recommends adoption of the Resolution.