Loading...
HomeMy WebLinkAbout1999-004 St. Lucie West Development Corporation ~._-_.-_._~ - -- ~ [. [ ~ f r, '^ i, ;. '. , i [.:1 ~ 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 38 39 40 41 42 43 44 .,.... ., JoAnne Hollan, Clerk of the Circuit Court - St. Lucie County FUe tlJlber:1 761 770 m IOlK 1259 PAGE 2766 Recorded: 11-03-99 00:26 A.H. RIF 99-004 ROAD IMPACf FEE CREDIT AGREEMENT NUMBER EIGHT BETWEEN ST. LUCIE COUNTY, FLORIDA AND THE ST. LUCIE WEST DEVELOPMENT CORPORATION FOR THE EXPANSION OF PEACOCK BOULEVARD, BETWEEN ST. LUCIE WEST BOULEVARD AND UNIVERSITY BOULEVARD IN THE DEVELOPMENT OF REGIONAL IMPACf KNOWN AS ST. LU WEST THIS AGREEMENT II made end entered Inlo 81 of this 21 st September . 199~ by end between ST. LUCIE COUNTY, FLORIDA, 8 poIJlIcaI Florida, hereinafter referred to as 'Wesr. WHEREAS, 'Wear owns cer1ain property Weat, Deo.eIopment of Regional Impact; WHEREAS, 'Wear has agreed 10 between Sl Lucie Weat Boulevard end known . St. Lucie Wast; end, or the four (4) Ianlng of Peacock Boulevard , in the Developmenl of Regional Impact Fee Ordinance," which imposes impact fees Ordinances of 51. l.ucIe County provides for aedits that provide for inaeased capaciIy on ~ Fee Eligibility network; and, WHEREAS, 'Wear II not obligated 10 for the four (4) laning of Peacoc;II: Boulevard between 51. l.ucIe Wilt BoulevlWd and Unlverally BouIevlWd, ea patt of the Final Developmenl Order for the Development of RegionaIlmpacI known 88 5ll.ucle Weal; and, WHEREAS, 'Wear has submitted final c:oIlIIructlon COlt ealimal8l for the four (4) laning of Peacock BouIevlWd between 5l Lucie West Boulevard end Unlvll"lily Boulevard, Iotaling . $ 895.472_..___ WHEREAS, 'Wesr and 'SI. Lucie County" are desirous of establishing an agreemenl concerning the Road I~ Fee CtedIl F'onaI RIF 89-004 Paoe 1 i/:i/~~~ \. " ;~~. " , r. .~ .' r- --...__._-_._._.'~ ~: ft ~ ~ . t , f I. r{ ~, ~ t. " .,..... 00 IOJK 1259 PAGE 2767 amount of credit that 'War IhaIl be entilled 10 for the four (4) laning of Peacock Boulevard between 51. Lucie West Boulevard and UniveRlty BouI8Yard. as part of the Final Development Order for the. Development of Regional Impact known . 5lLucie Wasl; and, WHEREAS, on Seotember 21. 1999 the St. lucie County Board of County CommIsslontn granted approval to the iIIuancI of . Road Impact Fee credit to 'Weer In consideration for their construcllon of the four (4) IanIng of Peacock Boulevard between St. lucie Weet Boulevard and University Boulevard, In the 0tMlI0pment of RegIcNI ~ known ea St. lucie West; and, WHEREAS, 'Wear end "Sl lucie County" are deUous of establishing . final amount of aedit for the four (4) ~ of Peacock Boulevard between Sl lucie Wilt Boulevard end Unlverally Boulevard, in the DeveIclpIMnt of RegIonIIlmpact known . St. lucie Weal; and, NOW, THEREFORE, In COllIiderIItIon of the mutual coyenanll en to be made end pelfonued, and In conslderlItion of the beneIiII to agreed as foIIowa: 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 38 39 40 41 42 43 44 45 46 47 48 49 50 Section 1. Section 2. 5ection 3. Saction 4. Amount of C..-dll InCOfJlOl'ltlon by Referwnce. The above recItalI lI/ll true and COf1' reference. 'Wear II entilled 10 . crecIiI against R ninety live thousand, four hoodred I8V8llty set forth In SecIIon 1-17-33.1 Code of properties legally Exhibit In tha amount of eight hundred 72.(0) dollars under tha criteria of 5lLucie County for the UmltBUon 0' e..-dll solely 10 the property legally described properly owned by 'Wear In St. Lucie my ageNt Road ~ Fees and shall not be It against other ImpacI feN Imposed for purposes other than roads. The credit established by In ExhbIt A end II County. The Iranafer8ble as aedit described in Sectlon 2 above to its SUCC&$SOI'S tlhall be by recordable written insltumenl. Before the essIgnment II ,copy of the assignment ah8Il be provided by "Wesr 10 51. lucie County and the City of Port Sll.ucle, at the address set forth below and the original assignment shall be r8corded in the public records of 51. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 City Manager 121 SW Port 51. Lucie Blvd. Port SI. Lucie, Florida 34984 RIF 89-004 Page 2 Road I~ Fee Ctedit Final " ., > :~ ~~ ~ .~, r---------.-~------ ~ t, r J /~ f' :~ ., 1 2 3 .; 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 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Section 5. Section 6. Section 7. ,.... 00 BOOK 1259 PAGE 2768 With copy to: County Altomey 2300 VlIllinla Avenue FI. Pierce, Florida 34982 City Attorney 121 5W Pori 51. Lucie Blvd. Pori 51. Lucie, Florida 34964 Future Road Impact FH Agreements. By signing thll agreement, 'Wear Is not waiving any rights that it may have to daim future creclita for Improvementa 8Iready constructed or for Improvements that may be constructed In the future 10 the exIInt permItIad under the "County's" Roads Impact Fee reguIatIona. By algnilg thiI agreement, "Sl Lucie County" is not granting any aedita other than thole apecItIed In IhII agreement and the County is not setting a precedent In the IIWIIl8r It wII handle future credit requests from 'Wes Rec:orcIablllty of Agreemenl This Agreementlhal be recorded by "5l L County, and shall be binding upon 'Wesrs" desa1bed In Exhlbll A. lderalion for the issuance of this Road Lucie County and the City of Pori 5l It ed through this agreement. date of issuance of that pennlt Ich the normally requir8d road shall be due on January 1, 1994, sequent quarter. These reports shall City Manager 121 8W Pori 51. Lucie Blvd. Pori 81. Lucie, Florida 34964 with City Attorney 121 SW Pori 51. Lucie Blvd. Port 81. Lucie, Florida 34964 IN WITNESS WHEREOF, the parties hereto have eX8C\Jled this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: Road Impac;l F.. Cnldil Final RI F 99-004 Page 3 . . .'\c " ...:. . \ Ir-~-....-- .)~. . ...' ~. ~'" '.. ,~l ~,: ..'.....'. '.:".-\ "....::. . 1 2 :3 4 5 6 7 e 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 38 39 40 41 42 43 44 45 46 47 48 49 50 ~~ - .,-... .1 ATTEST: DEPUTY ClERK RI'''.OO. R* ~ F.. cn.II FNI ~ . t ~J '.;,'1. lR lOlK 1259 PAIt 2769 velopment Corporation Board of County at lucie County, BY: RlF89-004 Page 4 i' ar---- ,t ~ .......'.. " ., r~'-\ ~.- - j t' ~ 00 IOlK 1259 PAGE 2770 1 ACltHOWLKDGICEN 2 3. STAn: or FLORIDA 4 .. 5 COlJNTY or 6 7 8 9 Barou 0, the undersigned authority personally appeared ~ 11 10 .Pete- Heaener. and is authorized to sign and execute the above stated are true and Dc..1:c.h8t'" Agreement and that the representations abo 12 correct to the best of his knowledge, info 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 10 41 42 43 SWORN TO AND SUBSCRIBID before me this , 19~. at Large "lIY"/I OI'ACULMOfMUEAL 0' ~ IHIlUY I IIIIl1t ~.("I-- ~~ CCII1712 ~ .., a-..- ,. OF itA Y 4 2001 Roed II'1*l F.. Ct.cIII f'IMI RlF89-004 "-oe 5 r- ~ t '- ~: 1 2 3 4 , 5 ! 6 j' 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 38 ii 39 i 40 r' 41 i 42 I 43 I: I -.- -.. -,_..---,-~.:_-y--_____ ,". OR BOOK 1.259 PAGE 2771 EXHIBIT "A" Legal Description St. Lucie West Development of Regional Impact A portion of Sections 23, 26, 34 and 35 and all of Sections 24, 25 and 36, Township 36 South, Range 39 East, and portions of Sections 19, 30 and , Township 36 South, Range 40 East, all in St. Lucie County, Florida, particularly des' as follows: Beginning at the southwest comer of Section 35, Tow hi 3 thence South 89 degrees 59 minutes 48 seconds easterly right-of-way line of 1-95, also known a8 State Road 9, and s Map No. Section 94001-2412, sheet 4 of 14; run East right-of-way line of said 1-95 the followi degrees 34 minutes 44 seconcIs East a dista of a curve concave to the West, having a the arc of said curve 2,241.45 feet throug a seconds; thence North 01 degrees 49 minutes 30 feet; thence continue North 01 degrees inutes 30 right-of-way line of said 1.95 a distan concave to the West and having a of said curve a distance of 1,750.3 15 seconds to a point of tangency; a distance of 1,054.70 feet to the poi a radius of 11,285.16 feet; 1,338.58 feet through a Said point also being the Sou mer of the Plat of Port St. Lucie Section 44 as recorded in Plat Book 16, Page 23, St. Lucie County, Florida, Public Records; run thence North 89 degrees 22 minutes 57 seconds East along said South line of the Plat of Port St. Lucie Section 44 and the North line of said Section 23, a distance of 2,020.07 feet to the North quarter comer of said Section 23; run thence North 89 degrees 46 minutes 24 seconds East a distance of 2,671.27 feet to the Northeast comer of said Section 23; run thence South 89 degrees 44 minutes 41 seconds East continuing along the South line of said Plat of Port St. Lucie Section 44 and the North line of Section 24, Township 36 South, Range 39 East, a distance of 5,282.95 feel 10 the Northeast comer of said Section 24; run R03d Impacl Fee Cfedit Final RIF 89-004 Page 6 f. ! I ;"~_ : _..:lr... _ ___ _ .... ,. " t 00 lOOK 1259 PAGE 2772 tl 1 thence North 89 degrees 43 minutes 32 seconds East along the said South line of the Plat 2 of Port SI. Lucie Section 44 and the North line of Section 19. Township 36 South, Range 3 40 East, a distance of 2,658.50 feet to the North quarter comer of said Section 19 and the' 4 westerly right~f-way line of the Sunshine State Parkway, as shown on the Florida State 5 Turnpike Authority Right-of-Way Map of Section 6, SI. Lucie County, Job and Contract No. 6 6.3, Sheet 8 of 12; run thence southerly along the North/South One Quarter (1/4) line of 7 Sections 19 and 30, Township 36 South, Range 40 East, also being the westerly right-of- 8 way line of said Sunshine State Parkway the following courses and distances: Thence 9 South 00 degrees 02 minutes 01 seconds West a distance of 5,291.20 feet to the South 1 0 quarter comer of said Section 19: thence South 00 degrees 18 minutes 33 seconds East 11 a distance of 2,768.11 feet; thence continue to run South 00 degrees 18 minutes 33 12 seconds East along the said West right-of-way a distance 2.541.48 feet to the South 13 quarter comer of Section 30, Township 36 South, Ra 0 East; thence South 00 14 degrees 15 minutes 12 seconds West along the North/Sou ne-Quarter (114) Section 15 line of Section 31. Township 36 South, Range 40 Ea nd a said West right-of-way 16 line a distance of 5,334.47 feet to the South One- comer of said 17 Section 31 and the North line of the Plat of Port St. Lucie Section, recorded in Plat 18 Book 12, Page 39, SI. Lucie County Public R . run thence rth 89 degrees 48 19 minutes 31 seconds West along the South line 0 ' n31 an the North line of said 20 Plat of Port SI. Lucie Section 9, a distance of 2 1.43 fe to the Southwest comer of said 21 Section 31; run thence South 89 degrees 'nutes seconds West along the South 22 line of Section 36, Township 36 South, Ran 3 d the orth line of the Plat of Port 23 SI. Lucie Section 8, as recorded in Plat Book 12, Pa 0 Id SI. Lucie County Public 24 Records, a distance of 5,314.49 feet to the Southwes er of said Section 36; run 25 thence South 89 degrees 56 minutes est al g the South line of Section 35, ' 2 6 Township 36 South, Range 39 East d the Nortfi e of the Plat of Port SI. Lucie Section 27 20, as recorded in Plat Book 13, P e 21, of sa' I. Lucie County Public Records, a 28 distance of 5,297.97 feet to the So west comer said Section 35 and the Point of 29 Beginning. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Road Impad Fee Credit Final RIF 99-004 P~7