HomeMy WebLinkAbout1995-002 Stuart Property Holdings
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RIF 95-002
A ROAD IMPACT FEE CREDIT
AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA
AND STUART PROPERTY HOLDINGS, INC., FOR THE
CONSTRUCTION OF A PORTION OF BECKER ROAD
THIS AGREEMENT is made and entered into as of this 12th day of September , 1995, by
and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Fiorida, hereinafter
referred to as 'SI. Lucie County' and STUART PROPERTY HOLDINGS, LTD. A FLORIDA LIMITED
PARTNERSHIP, hereinafter referred to as 'Stuart'.
WITNESSETH
WHEREAS, A~lantic Gulf Corporation, a Delaware Corporation, hereafter known as 'Atlantic,' owns a
substantial po(tion of that certain property along the existing and/or proposed aiignment of Becker Road
lying within the! City of Port St. Lucie, in SI. Lucie County, Florida, said property is more particularly
described in the attached Exhibit 'A'; and
WHEREAS, 'Stuart' owns certain property directly east of the property described in attached Exhibit 'N
and along the existing alignment of Becker Road iying within the City of Port St. Lucie, in St. Lucie County,
Florida, said property is more particularly described in the attached Exhibit 'B'; and
WHEREAS, St. Lucie County has adopted a 'Road Impact Fee Ordinance' which imposes impact fees
relating to public transportation facilities; and
WHEREAS, Section 1-17-33.1 (c)(1) of the Code of Ordinances of St. Lucie County provides for credits
for the provision of expanded roadway capacity on those roadways that are a part of the County's Roads
Impact Fee Eligibility network; and,
WHEREAS, 'Stuart,' and its successors in interest and title, a10ng with 'Atlantic' and five other property
owners, their successors or assigns, will fund construction and related costs associated with the
expansion and improvement to Becker Road, through participation in a Municipal Service Benefit Unit,
subject to the approval of 'SI. Lucie County'; and
WHEREAS, the projected expenditures for the expansion and improvement of Becker Road, less bonding
costs are:
$ 1,972,363.00
Road Impact Fee Credit Agreement
September 12, 1995
RIF-95-o02.
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WHEREAS, based on the provisions of the Section 1-17-33.1 (C)(1) of the Code of Ordinances of SI. Lucie
County, the proportionate amount of the total project cost that is eligible for consideration of road impact
fee credit is:
$ 102,345.00
WHEREAS, 'Stuart' and 'SI. Lucie County' are desirous of establishing an agreement concerning the
amount of credit that Stuart shall be entitled to for the construction of road improvements and related
costs associated with the expansion of Becker Road;
WHEREAS, on September 5, 1995, the SI. Lucie County Board of County Commissioners granted
conceptual approval to the issuance of a Road Impact Fee credit to 'Stuart' 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.
Section 2.
Amount of Credit.
'Stuart' is entitled to a credit against Road Impact Fees in the amount of one hundred and two
thousand, three hundred and forty five 00/100 ($ 102,345.00) dollars under the criteria set forth
in Section 1-17-33.1 (C)(1) of the Code of Ordinances of St. Lucie County for the planned
expenditures to the expansion of Becker Road. The actual credit amount for the construction of
the expansion of Becker Road is subject to future adjustment based on the actual cost of
construction in accordance with Section 1-17-33.1, SI. Lucie County Code and Compiled Laws.
Section 3.
Limitation of Credit.
The credit established by this Agreement is limited solely to the property legally described in
attached Exhibit 'B,' and is not transferable to any other property except for those parcels
included within Exhibit 'A' or Exhibit 'B'. The credit 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.
Section 4.
Assignability of Credit.
The credits described in Section 2 above may be assigned as provided in Section 3, provided
that the assignment is to a parcel included within the property described in Exhibit 'A' or 'B'
Road impact Fee Credit Agreement
September 12, 1995
RIF-95-002a
Page 2
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,
attached hereto. Such assignment shall be by recordable written instrument. Before the
assignment is effective, a copy of the assignment shall be provided to St. Lucie County and the
City of Port St. Lucie (if applicable), at the address set forth below and the original assignment
shall be recorded in the public records of St. Lucie County:
Mr. Thomas Kindred
County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
Mr. Donald Cooper
City Manager
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
with copy to:
Daniel S. Mcintyre
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Roger Orr
City Attorney
121 SW Port St. Lucie Blvd.
Port 51. Lucie, Florida 34984
Section 5.
Future Road Impact Fee Agreements.
By signing this agreement, 'Stuart' is not waiving any rights that it may have to claim future credits
for improvements that may be constructed in the future to the extent permitted under the '51.
Lucie County's' Road Impact Fee regulations. By signing this agreement, 'St. Lucie County' is
not granting any credits other than those specified in this agreement and the County is not setting
a precedent in the manner it will handle future credit requests from ·Stuart.'
Section 6.
Recordability of Agreement.
This Agreement shall be recorded by ·St. Lucie County' in the public records of St. Lucie County,
and shall be binding upon 'Stuart's' successors in interest and title to the property described in
Exhibit 'B'.
Section 7.
Requirement for Quarterly Reports.
In consideration for the issuance of this Road Impact Fee Credit, 'Stuart' agrees to provide to St.
Lucie County and the City of Port 51. Lucie a detailed written report on the use of the credit
approved through this agreement. This report shall indicate the building permit number, the date
of issuance of that permit 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 January 1,
1996, and shall then be due by the 15th day of each subsequent quarter. These reports shall be
sent to the addresses set forth below,
Mr. Thomas Kindred
County Administrator
2300 Virginia Avenue, Annex
Fort Pierce, Florida 34982
Mr. Donald Cooper
City Manager
121 SW Port St. Lucie Blvd.
Port SI. Lucie, Florida 34984
Road Impact Fee Credit Agreement
September 12,1995
RIF-95-D02a
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with copy to:
Daniel S. Mcintyre
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Roger Orr
City Attorney
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
The requirements for these quarterly reports shall terminate with laS1 quarterly report following the
final assignment or redemption of the road impact fee credit authorized through this agreement.
Section 8.
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 adjuS1ed 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 been 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
interJocal agreement with 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 generaled 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 SI. 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 'B'
pursuant to the terms and conditions of the January 21, 1986, interlocal agreement.
Road Impact Fee Credit Agreement
September 12, 1995
AIF-95-002a
Page 4
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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 relatied 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.
livered
I
Print Name:-r;:,dA R. ß-....,~( Stuart Property Holdings, LTD. a
~ J.. :ö~ Florida Limited Partnership
Print Name: CII."1f1J 1... AtlJTOI..
by: Stuart Property Management, Ine.
a J!1orida Corporation, General Partner
l./'Zr /
Richard C. RoclÍOn, President
............****.......****..*..
.~
Road Impact Fee Credit Agreement
September 12, 1995
RIF-95-002a
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ATTEST:
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RIF95-02a
Road Impact Fee Credit Agreement
September 12, 1995
Board of County Commissioners
St. Lucie County, Florida
BY:
/----
CHAIRMAN
*****..*******.............***..
Port St. Lucie City Commission
St. Lucie County, Florida
"'~,~
MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
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RIF,95-002.
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OR BOOK 0 9 a "7
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PAGE 1.. 409
ACKNOWLEDGMENT
STATE OF FLORIDA
)
) ss
)
COUNTY OF BROWARD
BEFORE ME, the undersigned authority personally appeared Richard C.
Rochon, President of Stuart Property Management, Inc., a Florida
corportion. General É and is authorized to sign and execute the
Partner, on behalf 0 Stuart Property Holdings, Ltd., a Florida Ii
above Agreement and that the representations above stated are tru~a
ited
tnersh
and correct to the best of his knowledge, information, and belief.
SWORN TO AND SUBSCRIBED before me this
.c-d- day of
October
, 19~.
at Large
My Commission Expires:
/1;;,":..·... JUDY A. MALSAM
~~"¿'f:~ MY COMMISSION' CC 426985
,,;~"':! EXPIRES: Januæy 15. 1999
..".,~,~~"" Bonded Thru Notary Public UndelWt!ters
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Road Impact Fee Credit Agreement
September 12, 1995
RIF-95-()02a
Page 1
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EXHIBIT "A"
8
9
Legal Description for Atlantic
Gulf Communities (River Trace Development Area)
Road Impact Fee Credit Agreement
September 12, 1995
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EXHIBIT 'A'
LEGAL DESCRIPTION:
All of the recorded plat of PORT ST. LUCIE SECTION THIRTY EIGHT as recorded in Plat
Book 15, Pages 29, 29A-29X of the public records of St. Lucie County, Florida, and that
portion of land in Section 34, Township 37 South, Range 40 East, St. Lucie County,
Florida, lying east of the Sunshine State Parkway (Florida's Turnpike) and lying north of
the South Florida Water Management District Canal number C-23, LESS that certain
parcel described in official records book 447, Page 2213, of the public records of St.
Lucie County, Florida.
TOGETHER WITH:
The following portions of PORT ST. LUCIE SECTION THIRTY NINE as recorded in Plat
Book 15, pages 30, 30a-30NN, of the public records of St. Lucie County, Florida.
(IN SECTION 21, TOWNSHIP 37 SOUTH, RANGE 40 EAST)
That portion of Tract "T" and South bend Boulevard lying southerly of the easterly
prolongation of the northerly lot line of Lot 2, Block 2684:
That area west of South bend 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 St. 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 "OQ"; 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 the 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
Road Impact Fee Credit Agreement
September 12, 1995
RIF·95-002a
Paga 9
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EXHIBIT "A"
of Tract "QO" 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 St. 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 St. Lucie, St. 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 St. Lucie County,
Florida, lying southwest of Gilson Road within the SW 1/4 of Section 36, Township 37
South, Range 40 East, St. Lucie County Florida.
All of the above lying being in the City of Port St. Lucie, St. Lucie County, Florida.
Road Impact Fee Credit Agreement
September 12, 1995
RIF·95-0020
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Road Impact Fee Credit Agreement
September 12,1995
RIF-95-0D2a
Page 11
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EXHIBIT 'B'
Legal Description of Stuart Property Holdings, Ltd.
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 st. lucie county, florida, lying southwest of Gilson Road
within the SW 1/4 of section 36, township 37 south, range 40 east, st. lucie
county florida.
LESS AND EXCEPTING:
A 150 wide strip of land centered on the 100 foot wide right-of-way for
Becker Road as portrayed on the above referenced plat of PORT ST.
LUCIE SECTION THIRTY EIGHT.
Road Impact Fee Credit Agreement
September 12, 1995
RiF·gS-Q02a
Page 12
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