HomeMy WebLinkAbout2003-001 St. James Golf Club
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JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT - 'SAINT LUCIE COUNTY
File Number: 2255449 DR BOOK 1778 PAGE 943
ReCorded:08/19/03 09:29
RIF 03-001
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A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN
ST. LUCIE COUNTY, FLORIDA AND ST. JAMES GOLF
CLUB LTD., IN CONSIDERATION FOR THE DEDICATION
OF CERTAIN RIGHT-Of·WAY AND CONSTRUCTION OF
A PORTION OF SELVITZ ROAD LYING IN THE CITY
PORT ST. LUCIE ADJACENT TO THE ST. JAMES
COUNTRY CLUB DEVELOPMENT.
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11 THIS AGREEMENT is made and entered into as ot this 21st day of Januarv ,2003, by
12 and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
13 referred to as "SI. Lucie County" and ST. JAMES GOLF CLUB LTD." hereinafter referred to as ·SI.
'4 James".
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WITNESSETH
18 WHEREAS, in 2001,51. James conveyed or dedicated, or caused to be conveyed or dedicated, to the
19 Cily of Port Sl. Lucie, through a deed and plats recorded in the Land Records of SI. Lucie County,
20 certain property for the construciion of Selvltz Road from Peachtree Boulevard to Parkway Elementary
21 School as further aescribed in the altacilad Exhibit A (the "Dedication"), and
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23 WHEREAS, SI. James has provided for the construction of Selvitz Road (rom Peachtree Boulevard to
24 Parkway Elementary School (the "Construction"), and
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26 WHEREAS, the Dedication and Construction by 51. James for, and of, 5elvitz Road provides for excess
27 roadway capacity that is above and beyond the impacts generated by the SI. James Country Ciub
28 Development, and
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30 WHEREAS, the City of pon SI. Lucie required the Dedication and Construction by ·SI. James in a
31 development order; and
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33 WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Ordinance," which Imposes Impact fees
34 relating to public transportation facilities; and
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Road Impact Fee Credit Agreement
Final
RIF·03..o01
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DR BOOK 1778 PAGE 944
WHEREAS, Section '-11-33.1 of the Code of Ordinances of SI. Lucie County provides for credits for Ihe
dedication of non-site related road right-of-way and construction on those roadways that are a pari of SI.
Lucie County's Roads Impact Fee Eligibility network; and,
WHEREAS, the Dedication and Construction are pari of 51. Lucie County's Roads Impact Fee Eligibility
network; and
WHEREAS, based on the provisions of the Section ,-17-33.1 of the Code of Ordinances of $t. Lucie
County, the amount that is eligibie for consideration of road impact fee credit is:
$ 953,193
WHEREAS, $1. James and St. Lucie County are desirous of establishing an agreement concerning the
amount of credit that St. James shall be entitled 10 for the dedication of certain road right-of-way and
construction associated with Selvitz Road from Peacntree Boulevard to Parkway Elementary School.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the parti'es hereto, to
be made and peliormed, and in consideration of the b.enefits to accrue to aach of the parties, it is agreed
as follows:
NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to
be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed
as follows:
Section í.
Incorporation by Reference.
The above recitals are true and correct and are made a part of this Agreement by
reference.
ROild Impact Fee Credit
Final
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B
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Section 2.
Section 3.
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Section 4.
DR BOOK 1778 PAGE 945
Amount of Credit.
SI. James IS enlitled to a credit against Road Impact Fees in the amount of Nine Hundred
Fifty Three Tnousand, One Hundred and Ninety Three ($ 953,193) dollars under the
criteria set forth in Section 1-17-33.1 of the Code of Ordinances of St. Lucie County for
the property legally described in the attached Exhibit B.
Limitation of Credit.
¡he credit established by this Agreement is limited solely to the prOperly legally described
in Exhibit B and is not transferable to any other property owned by St. James in St. Lucie
County. The credil may only be applied against Road Impact Fees and shall not be
transferable as a credit against other impact fees imposed for purposes other than roads.
Assignability 01 Credit.
SI. James may assign all or part of the credit described in Section 2 above to its
successors in title and interest. Such assignment shall be by recordable wrinen
instrument. Before the assignmel'\! is effective, a copy of the assignment shall be
provided by St. James to St. Lucie County and the City of Po" St. Lucie, at the address
set forth below and the original assignment snail be recorded in the public records of St.
Lucie County:
County Administrator
2300 Virginia Avenue
Fort Pierce, Flonde 34982
City Manager
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florid. 34984
with copy to:
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
City Attorney
121 SW Port St. Lucie Blvd.
Po" St. Lucie, Florida 34984
RIf 03-001
P.g. 3
Road Impacl File Credit
Final
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Section 5.
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Section 6.
Sec;tion 7. .
GUNSTER YOAKLEY
DR BOOK 1778 PAGE 946
Recordability of Agreement.
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This Agreement shall be recorded by St. Lucie County in the public records of St. Lucie
County. and shall be binding upon St. James ana any successors in interest and tllle to
the property described in Exhibit B.
Termination of Agreement.
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This agreement shall be effective until all of the Road Impac;j Fee credits authorized
under Section 2 have been consumed through the issuance of building permits, or similar
development approvals.
Requirement for Quarterly Reports.
In consideration for the Issuance of this Road Impact Fee Credit. SI. James agrees to
provide to St. Lucie County and the City of Port SI. Lucie a detailed written report on the
use of the credit approved through this agreement. This report shall Indicate the building
permit numbers, the dales of issuance of those permits and a description of the activity
being permitted on Which the normally required road Impact fee is not being paid. The
first of these reports shall be due on October 15. 2003. and shall be then be due by the
15th day of the month ending eac;h subsequent quarter. These reports shall be sent to
the addresses set forth below,
County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34962
City Manager
121 SW Port SI. Lucie Blvd.
Port SI. Lucie. Florida 34964
with copy to:
County Attorney
2300 Virglnta Avenue
Ft. Pierce. Florida 34982
City Attorney
121 SW Port SI. Lucie Blvd.
Port SI. Lucie, Flonda 34964
Road Impat:\ Fee Credi!
Fin:¡1
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OR BOOK 1778 PAGE 947
2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
3 above written.
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5 Signed, sealed and delivered
_6._. in the presence of:
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ATTEST:
~~. ,'" - .
DEPUTY CLERK)
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BY:
Board of County Commissioners
St. Lucie County, Florida
APPROVED AS TO FORM AND
OQRRECTNESS:
......~............................_.
[ see next page for SI. James Golf Club signatures ]
Road Impacl Fee Ctedll
Final
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WITNESS:
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RJFOJ-D01
Road Impact Fee Credit
Final Page 5
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Gl1NSTER YOAKLEY
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DR BOOK 1778 PAGE 948
FOR: ST. JAMES GOLF CLUB LTD.,
BY: ST. JAMES GOLF CLUB, INC.
"EN?" PARTNER
Paul Rhodes
President
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OR BOOK 1778 PAGE 949
2 ACKNOWLEDGMENT
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STATE OF FLORIDA )
) ss
COUNTY OF )
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BEFORE ME, the undersigned authority personally appeared fb.uJ. Ð1erL6'::,and is
authorized to sign and execute the above Agreement and that the representations
above stated are true and correct to the best of his knowledge, information, and belief.
Jsi-
SWORN TO AND SUBSCRIBED before me this
j.\.ÙJ..\ ,20.Q;¿.
day of
Notary Public
OfaJ.v.1.fi~
State of Florida at Large
My Commission Expires:
ROBa Impac1 Fee Credit
Final Page 7
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OR BOOK 1778 PAGE 950
EXHIBIT "A"
Legal Description
Selvtiz Road Property Dedication
SL James Golf Club Plat. Plat Book 38, Pages 4. 4a through 4e, 51. Lucie
County, Florida
Peachtree Place Plat, Plat Book 41, Pages 11 and 11 a, 51. Lucie County, Florida
Deed from 5t. Andrews Park. OR Book 1435 Page 179, SI. Lucie County,
Florida, described as:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE
PLAT OF "ST. JAMES GOLF CLUB", AS RECORDED IN PLAT BOOK 38, AT
PAGES 4, 4A THROUGH 4F, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA AND THE SOUTH RIGHT-OF-WAY LINE OF THE CANAL
C-105, REFERRED TO AS PARCEL 'B' OF EXHIBIT "C-1", AS RECORDED IN
OFFICIAL RECORD BOOK 754, AT PAGE 807, OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 89°59'38" EAST. ALONG
THE SAID SOUTH RIGHT-OF·WAY LINE, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 00°23'57" EAST, ALONG A LINE 100.00 FEET EAST OF AS
MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE SAID EAST
LINE OF SAID PLAT, A DISTANCE OF 729.97 FEET; THENCE SOUTH
89024'24" WEST A DISTANCE OF 100.00 FEET TO THE EAST LINE OF SAID
PLAT; THENCE NORTH 00°23'57" WEST, ALONG THE EAST LINE OF SAID
PLAT A DISTANCE OF L731.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.677 ACRES, MORE OR LESS
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Road Impac! Fe! Creói! RIF 03..00'
Fin;¡] . Page B
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GlINSTER YOAKLEY
OR BOOK 1778 PAGE 951
EXHIBIT "B"
Legal Description
St. James Country Club
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12 51. James golf Club Plat, Plat Book 38, Pages 4, 4a through 4e, 51. Lucie County,
13 Florida.
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20 WPB 117991.2
R.oad Impact Fee Credil
Final 'þ¡Jge 9
RIF 03·001
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