HomeMy WebLinkAbout2007-001 Stuart Property Holdings
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Cú1-o1- 340
RIF 07-001
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST.
LUCIE COUNTY, FLORIDA AND STUART PROPERTY
HOLDINGS, LTD., VF I, LLC, AND ST. LUCIE LAND, LTD., IN
CONSIDERATION FOR THE CONSTRUCTION OF A
PORTION OF BECKER ROAD LYING IN THE CITY PORT ST.
LUCIE.
THIS AGREEMENT is made and entered into as of this~day of ;1,,~ ,2007, by and
between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
referred to as "SI. Lucie County" and STUART PROPERTY HOLDINGS, LTD., a Florida limited
partnership, hereinafter referred to as "Sluart Property," VF I, LLC, a Florida limited liability
company, hereinafter referred to as "VF I"., and ST. LUCIE LAND, LTD., a Florida limited
partnership, hereinafter referred to as "SI. Lucie Land."
WITNESSETH
WHEREAS, "Stuart Property", "VF I" and "SI. Lucie Land" collectively own certain real property
located along Becker Road lying within the southeast portion of the City of Port SI. Lucie and a
portion of unincorporated SI. Lucie County, more particularly described as being:
See attached Exhibit A
on which they are developing 3,844, residential units (3,811 Becker PUD and Veranda Falls PUD and
33 units the Floridian) ; 120 unit hotel; 367,057 sq ft non-residential (commercial/office) and 90,000 sf
non-residential (industrial) between the two mixed use projects to be known as the Floridian PUD,
Becker PUD and Veranda Falls PUD and,
WHEREAS, "SI. Lucie Land," received approval for the development of the Floridian PUD on
January 7, 1997, through Resolution 97-010 and,
WHEREAS, "SI. Lucie Land," on behalf of Stuart Property" and "VF I," received site plan approval for
Road ImpaclFee Credit
Final-July24,2007
RtF 07-001
Page 1
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
the development of the Becker PUD on January 24, 2005, through City Ordinance 05-06 and the
Veranda falls PUD on January 22, 2007, through City Ordinance 07-07 and,
WHEREAS, "SI. Lucie Land" is proposing to provide for the following improvements along Becker
Road, from just west of the Florida Turnpike to Gilson Road:
· The construction of the Becker Road/ Florida Turnpike Interchange.
· The construction of two (2) additional through lanes along Becker Road from just west of the
Florida Turnpike to Gilson Road.
· The construction of other capacity and roadway improvement adjustments to Becker Road,
from just west of the Florida Turnpike to Gilson Road, as required by the City of Port SI. Lucie,
including but not limited to signalization adjustments, non-motorized travel facilities, and related
drainage and utility adjustments.
and,
WHEREAS, SI. Lucie County has adopted a "Roads Impact Fee Ordinance" which imposes impact
fees relating to public transportation facilities: and,
WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of SI. Lucie County provides for credits
for the provision of non-site related roadway improvements on those roadways that are a part of the
County's Roads Impact Fee Eligibility network; and,
WHEREAS, the Becker Road is part of SI. Lucie County's Roads Impact Fee Eligibility network; and,
WHEREAS, based on the provisions of the Section 1-17-33.1(c) 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:
$ 10,756.200
WHEREAS, "Stuart Property", "VF I," "SI. Lucie Land" and "SI. Lucie County" are desirous of
establishing the amount of credit that "STUART" shall be entitled to for the construction of certain
Road Impact Fee Credit
Final-July 24, 2007
RIF07-001
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
road improvements along Becker Road; and,
NOW, THEREFORE, in consideration of the mutual covenants entered into be to be made and
performed, and in consideration of the benefits to accrue to agreed as follows:
Section 1
Incorporation by Reference.
The above recitals are true and correct and made a part of this Agreement by reference.
Section 2
Amount of Credit.
"Stuart Property", "VF I" and "St. Lucie Land" are entitled to a credit against Road Impact Fees in the
amount of Ten Million, Seven Hundred and Fifty Six Thousand, Two Hundred ($ 10,756,200) dollars
under the criteria set forth in Section 1-17-33.1(c) of the Code of Ordinances of St Lucie County for
the construction of certain road improvements aiong Becker Road.
Section 3
Limitation of Credit.
The credit established by this Agreement is limited solely to the property legally described in the
attached Exhibit A, and is not transferable to any other property owned by "Stuart Property", "VF I" or
"St. Lucie Land" in St. Lucie County. 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 Ihan roads.
Section 4 Assignability of Credit.
"Stuart Property", "VF I" or "St. Lucie Land" may assign all or part of the credit described in Section 2
above to its successors in title and interest to the property described in Section 3 above. Such
assignment shall be by recordable written instrument. Before the assignment is effective, a copy of
the assignment shall be provided by "Stuart Property", "VF I" or "SI. Lucie Land" to St. Lucie County
and the City of Port St. Lucie, at the address set forth below and the original assignment shall be
recorded in the public records of St. Lucie County:
Road Impact Fee Credit
Final- July 24, 2007
RIF07-OO1
Page 3
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
City Manager
121 SW Port St. Lucie
Port St Lucie, Florida 34984
with copy to:
County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
City Attorney
121 SW Port St. Lucie Blvd.
Port St. Lucie, Florida 34984
Section 5
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 Property", "VF I" and "St. Lucie Land" and any successors in
interest and title to the property described in Section 3 above.
Section 6
Termination of Agreement.
This agreement shall be effective until all of the Road Impact Fee credits authorized under Section 3
have been consumed through the issuance of a building permit, or similar development approval.
Section 7. Requirement for Quarterly Reports.
In consideration for the issuance of this Road Impact Fee Credit, "Stuart Property", "VF I" and "St.
Lucie Land," including any assigns that "Stuart Property", "VF I" or "St. Lucie Land," may so authorize
through Section 4 above, agree to provide to St. Lucie County and the City of Port St. Lucie, a
detailed written report on the use of the credit approved through this agreement. This report shall
indicate the building permit numbers, the dates of issuance of those permits and a description of Ihe
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, 2008 and shall be then be due by the 15th day of the month
ending each subsequent quarter. These reports shall be sent to the addresses set forth below,
County Administrator
2300 Virginia Avenue
City Manager
121 SW Port St. Lucie
Road Impact FeeCredi\
Final-July 24, 2007
RtF 07-001
Page 4
I
2
3
4
5
6
7
8
9
Fort Pierce, Florida 34982
Port St Lucie, Florida 34984
with copy to:
County Attorney
2300 Virginia Avenue
FI. Pierce, Florida 34982
City Attorney
121 SW Port SI. Lucie Blvd.
Port SI. Lucie, Florida 34984
10 IN WITNESS WHEREOF, the parties hereto have executed this of the day and year first above
II written
12
13 Signed, sealed and delivered in the presence of:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
ATTEST:
Board of County Commissioners
St. Lucie County, Florida
BY
********************************
Road Impact Fee Credit
Final-July 24, 2007
RIF07-OO1
PageS
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF
FOR: STUART PROPERTY HOLDINGS, LTD., a Florida Limited Partnership
BY: STUART PROPERTY MANAGEMENT, INC., a Florida Corporation
General Partner
BY:
¿;;£~~
Name:
.r'lLc7>( ¡1;It/J(1) ;¡Z,
/
V,f-
Title:
*******************************************
) S5
BEFORE ME, the undersigned authority personally appeared N,,'-fJi \,\I.i~D , 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,
day of ::j\~\'\.G
,20~
SWORN TO AND SUBSCRIBED before me this \0.\1'0
Notary Public
~ .\(Q/tlCJJ()-;\J{\
State of Florida at Large
My Commission Expires:
~TASH'" M. KlAASSI!It
~Ij. Co",,,,, IÞ0005277T&
,,- , . I!xplr.. 3/1 j/1IHO
u,,1'tded by ilOO) 432..4154
.. '10,," No--.........
Road Impact Fee Credit
Final-July 24, 2007
RIF07-001
Page 6
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
FOR: VF I. LLC
BY: VFI. INC.
BY:
¿:;;;?;J~-~
Name:
,;Jt.cx ,<-1,-,><-" -:n:..
\J:P
Title:
...****************************************
ACKNOWLEDGMENT
STATE OF FLORIDA
) ss
COUNTY OF
BEFORE ME, the undersigned authority personally appeared Ä~'Pk t'v~and is authorized to
sign and execute the above Agreement and that the representations above stated are true and
correct to the best of his knowledge, information, and belief
SWORN TO AND SUBSCRIBED before me this \L\t1\ day of JV~'vð
0\), \C~CV:\:~j'(\
,2ooì .
Notary Public
State of Florida at Large
~ATASHA M. KLAA
~~ Comm. #DDOnTTN
, ~ ExpIr.' 1/13/11>10
"o~ by (IOD) ")1..4154
Gf' 'Ioru;åNota ~.scn;.IftC.
My Commission Expires:
Road Impact Fee Credi\
Final-July 24, 2007
RIF07-001
Page?
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
FOR; ST. LUCIE LAND, LTD., a Florida limited partnership
BY: ST. LUCIE LAND CORP" a Florida corporation, its General Partner
BY:
?J:~2~::~
/!LeX N-'~¡) J}(
tit?
Name:
Title:
***.***************************************
ACKNOWLEDGMENT
STATE OF FLORIDA
) ss
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and
~e County aforesaid éf take acknowledgments, personally appeared
I'J-. 1\ \uXn , \(\ of SI. Lucie Land Corp., a Florida corporation, on
behalf of SI. Lucie Land L TO, a Florida limited partnership, to me known to be the person described
he'fin and who executed the foregoing, and acknowledged before me that he executed same. He is
M personally known to me or [ ] has produced as
identification.
of
WI~~ErY hand and official seal in the County and State last aforesaid this \ Ú, ty) day
-'¡\¡ \l , 200~ 'r
Notary Seal ~\ . \. :tdfJ /;1)/\"'//)
Notary Public . ; . r; .~ . .~. ^
Pnnt Name \\irrtl'ðtl K f;Jh~\r.
My Commission EXPires:~ \')'¡(--X..'\\'J
NATASH"" M. KLAASSEN
."....... Comm. #DDOS1;7776
y A """t. Expires )/1 1/1IHO
'!I.,ø.ß ........ by '000'.........
?otOff" Flor\ÅNoÞ,;:';Aïmo.tna.
Road ImpaclFee Credit
Final-July24,2oo7
RIF07-001
Page 8
2
3
4
EXHIBIT A
GENERAL LOCATION MAP
Road Impact Fee Credit
Final-July 24, 2007
RIF07-OO1
Page 9
Road Impact fee Credit
Final-July24,2007
I
.--.-------
EXHIBIT DESCRIPl10N
111IS IS NOT A SURVEY
PARCEL -A-
THAT POR1l0N OF SECTIONS 34 AND 35, TOWNSHIP 37 SOUTH, RANGE 40 EAST, LYING EAST OF
SUNSHINE STATE PARKWAY (S.R. 91-300 FOOT WIDE RIGHT OF WAY) AND BOUNDED ON THE
SOUTH BY SOUTH FLORIDA WATER MANAGEMENT DISTRICT CANAL NUMBER 23 (C-23) AND "THE
SOUTH UNE OF SAID SECTION 35;
LESS AND EXCEPT TESORO PlAT NO.1, AS RECORDED IN PLAT BOOK 40, PAGE 29, PUBUC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN 1\-IE CITY OF PORT ST. LUCIE;
PARCEL ·B-
l£SS AND EXCEPT ST. LUCIE LAND PLAT NO.1, AS RECORDED IN PLAT BOOK 51, PAGES 17-18,
PU8UC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN THE CITY OF PORT ST. LUCIE;
LESS AND EXCEPT PARCEL RECORDED IN OFfICIAL RECORDS BOOI< 447, PAGE 2313, PUBUC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING IN THE CITY OF PORT ST. LUCIE;
TOGETHER WITH:
PARCEL ·C-
THE SOUTH'ft£ST QUARTER (1/4) OF SECTION 36, BOUNDED ON THE EAST BY 'THE VÆ.STERLY
RIGHT OF WAY UNE OF GtlSON ROAD (80 FOOT 'NIDE RIGHT OF WAY).
TOGETHER 'MTH:
THE SOUlH 641.29 FEET Of THE SOUTHEAST ONE QUARTER (1/4) OF THE SOUTHEAST ONE
QUARTER (1/4) OF SECTION 36, TO'M'olSHIP 37 SOUTH, RANGE 40 E^ST AND CONTAINING
APPROXlt.tAm. Y 19.42 ACRES, AND BEING IN ST. LUCIE COUNTY, FLORIDA.
TOGETHER ..TH,
BEING A PARCEL OF LAND LYING IN GOVERNMENT LOT 4, SECTION 36, TOVtNSHIP 37 SOUTH,
RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS
FOLLOW$:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE RUN NORl1-I 00'49'00·
EAST, ALONG THE EAST UNE Of SAID SECTION 36, A DISTANCE or 641.29 FEET TO THE POINT
OF BEGINNING; l}- ENCE RUN SOUlH 89'5'25- WEST, A DISTANCE OF 1320.65 FEET, TO THE
WEST UNE Of GOVERNMENT LOT 4 OF SAID SECTlON 36; THENCE RUN NORlH 00'47'39- EAST,
ALONG THE WEST UNE OF GO'ÆRNMENT LOT 4, A DISTANCE Of 1956.57 FEET, TO THE
NORTHWEST CORNER OF SAID GOVERNMENT LOT 4; THENCE RUN NORlH 89"05'04- EAST, AlONG
THE NORTH UNE Of GOVERNMENT LOT 4, A DISTANCE Of" 680 FEET, MORE OR LESS, TO THE
WATERS OF THE ST. LUCIE RIVER; THENCE MEANDER SAID WATERS SOUlHEASTERLY ALONG THE
NA1URAL MEAN HIGH WATER UNE, '080 FEET, MORE OR LESS, TO THE POINT Of INTERSECTION
'MTH THE AFORESAID EAST UNE Of SECTlON 36; THENCE RUN SOUlH 00'49'00· WEST. ALONG
SAID EAST UNE, A DISTANCE Of 1200.07 fEET, MORE OR LESS, TO 'THE POINT OF BEGINNING.
TOGE"THER WITH:
ALl Of GOVERNMENT LOT 2, AND ALL OF GOVERNMENT LOT 3 IN SECTION .36, TO~SHIP 37
SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA;
AND:
THAT PART OF THE NORTH HALF (1/2) OF THE SOUTH'NEST QUARl'ER OF OF SECTION 36,
TOVtNSHIP 37 SOUTH, RANGE -40 EAST, ST. LUCIE COUNTY, flORIDA, L VlNG EAST OF l1-IE
EASTERLY RIGHT-OF-WAY UNE OF GILSON ROAD (80.00 FEET'MOE)
CONTAINING 1,054.3 ACRES, MORE OR LESS.
All.. lAND L VlNG ANO..,~~~ I~r: ST. LUCIE COUNTY, flORIDA, AND BEING SUB...ECT TO EASEMENTS
AND/~ '/. W ECORD. Sheet 1 of 2
4'../ ')Çf" -A. ~'::J6·?r--r,7 NOT VALID ..THOUT SHEET 2 OF 2
EXHIBIT DESCRIPTION
I
Tech: MOP
File: 04-006 CREt>llS
Dote: 2- 27-07
r:. CONSUL l1NG EHGlt£ERS
'-T~~ ~~~~
ENI G.1IfC. rOIfT PERŒ. FlOfaDA S4I82
(772) 4ð4-35J7
ŒRlI'ICo\1ION MOo LI 42111
RIF07-OQ1
Page 10
ST. LUCIE LAND PLAT SKETCH OF DESCRIP110N
NO. 1 AS RECORDED IN THIS IS NOT A SURVEY
PLAT BOOK 51, PAGES 17-18 ~ N
(LESS & EXCEP T)"\ St~~ ~~'/ I 0
@"'~ p) CEL DESCRIBED I~ 100 50 0
\ O.~.B. 447, PG. 2313 ~
[LESS & EXCEPT)
<& GRAPffiC SCALE
v, I (IN FEET)
~ PLAT OF iESORO 1 Inch = 100 It
~ AS RECORbED IN
PLA T BOOK-4~, P-AGE 29
(LESS & 'IXCEPT)
I
()
,
tJ3
~
~ ~ '"
'" '" '"
'U
'U 0
0 '"
'" ....
" .... (J) (J)
> -
'" (J) '"
=' '" .- .-
z .- c c
()
() () -¡;¡ "'
0 fii
c () ~ ()
z () 0 ::¡
'" ::¡ c
-< z
~ .-
r ¡¡:
¡¡: ::;
¡;¡ '" (J)
'"
Co> " '"
'" ~ Co> '"
~ Co> '" ~ '"
"'c
'" -0 ~z '"I'"
co"" Q;-I.-%
co," ~If co
0>0 ...,0 '" ....-1 g~
(J)~ (J)~ c
Ou> Ou> ~ ~E n;g
c:¡: c:¡: ¡;jQ g~
'J!'û 'J!'û '" z¡;l
:<0
0
0
~
r
..58 ~
~~
'iE-1<
s'\· I-\JC\£.I<\
LEGEND
O.R.=OFFICIAL RECORDS BOOK
GOVT.=GOVERNMENT
100
I
Sheet 2 of 2
NOT VALID 'NI1HOUT SHEET 1 OF 2
SKETCH OF EXHIBIT
c: CONSUL l1NG ENGINEERS
:PCULPEPPER . LAND S.t.VEYORS
2980 SOUTH 2~th S'lREET
TERPENINGINc. FORT PIERCE. flORIDA 34982
(772) 464-3537
wmCATlON No. L.S 4286
File: 04-006 CREDITS
Dote: 2-27-07
Tech: MDP
Roadlmpac1 Fee Credit
Final-July 24, 2007
RIF07-001
Page 11