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HomeMy WebLinkAbout1996-002 SLC Fire District \ RIF 96-002 A REVISED ROAD IMPACT FEE CREDIT AGREEMENT (REPLACING RIF 95-003) BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE ST. LUCIE COUNTY FIRE DISTRICT, FOR THE CONSTRUCTION OF A PORTION OF BECKER ROAD THIS AGREEMENT is made and entered into as of this 23rd day of JULY, 1996, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "SI. Lucie County" and THE ST. LUCIE COUNTY FIRE DISTRICT hereinafter referred to as "Fire". WITNESSETH WHEREAS, on October 17, 1995, "SI. Lucie County" approved Road Impact Fee Credit Agreement 95-003, a copy of which is attached as Exhibit A, granting a Road Impact Fee credit in the amount of one thousand, five hundred and thirty seven 00/100 ($ 1,537.00) dollars to the "Fire" District as the proportionate amount of the Road Impact Fee Credit issued in association with the improvement of Becker Road. WHEREAS, Road Impact Fee Credit Agreement 95-003 was never fully executed and recorded; WHEREAS, the property described in Exhibit "B" of Road Impact Fee Credit Agreement 95-003 will not be the exact location of the new southeast Port SI. Lucie (currently unnumbered) fire station. WHEREAS, "Fire" will be obtaining from the Atlantic Gulf Corporation, a Delaware Corporation, hereafter known as "Atlantic," certain property for the construction of a new southeast Port SI. Lucie (currently unnumbered) fire station within the Becker Road Municipal services Benefit Unit created by "SI. Lucie County" for the purpose of providing construction funing for the improvement of Becker Road. WHEREAS, "Fire" and "SI. Lucie County" are desirous of establishing an agreement concerning the amount of credit that "Fire" shall be entitled to for the construction of road improvements and related costs associated with the expansion of Becker Road; WHEREAS, on September 12, 1995, the SI. Lucie County Board of County Commissioners granted conceptual approval to the issuance of a Road Impact Fee credit to "Fire" in consideration for their contribution towards the construction of Becker Road; 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 1. Incorporation by Reference. The above recitals are true and correct and are made a part of this Agreement by reference. Municipal Services Benefit Unit. Section 7. Amendment of Construction Costs In the event that the final construction bids for the construction of Becker Road are not as described above, either party to this Agreement may request that the credit considerations granted under Section 4, be reviewed so that the final contract costs are properly addressed and the amount of credit adjusted accordingly pursuant to Section 1-17-33.1 and the terms of this Agreement. Section 9. Termination of Agreement. This agreement shall be effective until all of the Road Impact Fee credits authorized under Section 4 have been consumed through the issuance of a building permit, or similar development approval. Section 10. Effective Date. No Road Impact Fee credit that has authorized through this Agreement may be redeemed until the expansion of Becker Road has been completed and accepted by St. Lucie County or their assign. Section 11. Ratification by City of Port St. Lucie. The parties to this agreement acknowledge that the City of Port St. Lucie has entered into an interlocal agreement with the St. Lucie County dated the 21 st day of January 1986, wherein the City of Port St. Lucie has agreed to serve as the collection agent for St. Lucie County for the purpose of collecting County imposed impact fees generated from development within the municipal boundaries of the City of Port St. Lucie. Said interlocal agreement further provides that the City of Port St. Lucie may terminate that agreement upon thirty (30) days notice to St. Lucie County. As further consideration for the entry of this agreement, the City of Port St. Lucie agrees that, in the event it exercises its option to terminate, the City will agree to continue to collect the County's transportation impact fee generated from development within the area described in Exhibit "c" pursuant to the terms and conditions of the January 21, 1986, interlocal agreement. Section 12. Nonwaiver Provision. Neither St. Lucie County nor the City of Port St. Lucie by entering into this Agreement are waiving, compromising, limiting or amending any of their respective rights, privileges, obligations, arguments or positions relating to pertaining to the ability of the City to terminate its collection of the County road impact fee within the City limits, except as otherwise provided in Section 11 herein, the enactment by the City of its own road impact fee ordinance and collection of impact fees or any other such matters affecting the City or the County. In any dispute which might arise between the City and the County relating to these matters, no reference shall be made to this agreement and this Agreement may not be utilized by either party in connection with the resolution of any such potential disputes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. That portion of Tract 'T and Southbend Boulevard lying southerly of the easterly prolongation of the northerly lot line of Lot 2, Block 2684 That area west of Southbend Boulevard lying southerly of that portion of the northerly line of TRACT "W" between the Sunshine State Parkway and Kane Lane and lying southerly of the southerly right-of-way lines of Kane Lane and lying southerly of the southerly right-of-way line of that portion of West Snow Road lying east of Kane Lane, LESS lots 1 through 7 and the drainage right-of-way in Block 2695: TRACT "U" and TRACT "BB" LESS those lands described in official records book 456, Page 2655, of the public records of SI Lucie County, Florida: (IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 40 EAST) That area lying generally southerly of the following described line: beginning at the intersection of the northerly line of a 100 foot wide drainage right-of-way and the west line of said section 27 (as shown in plat book 15, page 30U): run thence southeasterly along said northerly line to the end of said line as shown on the plat thence run southwesterly 100 feet to a point of curvature located on the northerly line of tract "00"; thence run along said northerly line of tract "00," southeasterly, easterly, northeasterly, southerly and southwesterly to a point of reverse curvature and the southerly end of a curve having a radius of 114.18 feet (as shown in plat Book 15, Pages 30U and 30V); thence run southeasterly across a drainage right-of-way to a point of curvature and t.he easterly end of a curve having a radius of 195.00 feet, said point lying generally north of Webb Court (as shown in plat book 15, page 30V); thence run northeasterly along the northerly line of Tract "00" a distance of 30 feet; thence run northwesterly at right angles to the last described lane to the centerline of the Winter's Creek; thence northeasterly along the centerline of said Winter's Creek to the north line of said section 27 (IN SECTION 27, TOWNSHIP 37 SOUTH, RANGE 40 EAST) All that platted area less those lands described in official records book 754, page 791 and official records book 456, page 2655 of the public records of SI Lucie County, Florida. TOGETHER WITH: That portion of Government Lot 4, Section 22, Township 37 South, Range 40 East lying southerly of the centerline of the waters of Winter's Creek. All of the above lying being in the City of Port SI Lucie, SI Lucie County, Florida LESS AND EXCEPTING All that portion of the plat entitled PORT ST. LUCIE SECTION THIRTY EIGHT as recorded in plat book 15, pages 29, 29A through 29X of the public records of SI Lucie County, Florida, lying southwest of Gilson Road within the SW 1/4 of Section 36, Township 37 South, Range 40 East, SI Lucie County Florida. All of the above lying being in the City of Port SI Lucie, SI Lucie County, Florida.