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Commission approves amendment to development agreement with EKS Sooner 1 LLC
Summary
The commission approved an amendment to the development agreement with EKS Sooner 1, LLC to reflect earlier direction about timing of impact‑fee collection for projects far along; staff said the developer's attorney reviewed and accepted the draft.
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The Cocoa Beach City Commission approved an amendment to the development agreement (DA) between the City and EKS Sooner 1, LLC, implementing direction to address timing of municipal impact‑fee collection for projects that were already well advanced in the development process.
Development services director David Dickey explained staff had reviewed prior meeting direction and revised the DA language so projects that were sufficiently progressed would receive the intended timing or exemption for collection of impact fees. Dickey said he had discussed the draft with the developer’s attorney, who indicated he was comfortable with the language.
Commissioners said the amendment meets the commission’s intent to treat long‑standing DA projects consistently and cited examples of projects where credits or timing adjustments were appropriate. The commission voted and approved the amendment 5‑0.
Staff will implement the amendment in the DA records and confirm impact‑fee handling as the projects move forward.

