HomeMy WebLinkAbout1999-002 St. Lucie West Development Corporation
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. JoAnne Holman ~ Clerk of HiE Cit.t Court -- St. Lucie County
File NumbE:lr :170651 7 OH BOOK 1211 PAGE 050Li-
Recorded: 03-23-99 09:41 A.M.
C'l'C] -(I 3 -- 3 '-f J
RIF 99-002
INTERIM ROAD IMPACT FEE CREDIT
AGREEMENT NUMBER SEVEN
BETWEEN ST. LUCIE COUNTY, FLORIDA
AND THE ST. LUCIE WEST DEVELOPMENT CORPORATION
FOR ROAD RIGHT-OF-WAY DEDICATIONS ASSOCIATED WITH
VARIOUS PRIMARY ROADWAYS WITHIN THE DEVELOPMENT
OF REGIONAL IMPACT KNOWN AS ST. LUCIE WEST
THIS AGREEMENT is made and entered into as of this ~ day of March , 199~ by and between ST.
LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St.
Lucie County" and ST. LUCIE WEST DEVELOPMENT CORPORATION, hereinafter referred to as "West".
WITNESSETH
WHEREAS, "West" owns certain property in the City of Port St. Lucie generally known as the St. Lucie
West, Development of Regional Impact.
WHEREAS, "West" has agreed to dedicate to the City of Port St. Lucie, for the use and benefit of the
public, certain rights-of-way for the following roadway segments:
roadway seQment
from
JQ
St. Lucie West Boulevard
Cashmere Boulevard
California Boulevard
California Boulevard
Peacock Boulevard
West Virginia Drive
California Boulevard
West Virginia Drive
West Virginia Drive
St. Lucie West Boulevard
University Boulevard
Florida Turnpike
1-95
St. Lucie West Blvd
Heatherwood Blvd
Peacock Blvd
Cashmere Blvd
1-95
WHEREAS, "St. 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)(6) of the Code of Ordinances of St. Lucie County provides for credits
for the dedication of non-site related road right-of-way on those roadways that are a part of the County's
Roads Impact Fee Eligibility network; and,
WHEREAS, "West" has elected not to accept the County's standard method for the determining the value
of right-of-way and has submitted an Independent Property Appraisal for the purpose of determining the
Road Impact Fee Credit
March 2, 1999
RI F 99-002
Page 1
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PAGE 05!
OF~ BOOK 121]_
fair market value of the property proposed for dedication; and,
WHEREAS, the submitted Independent Property Appraisal has established a value for the property to be
dedicated in excess of 120% of the appraisal value as shown on the official property records of St. Lucie
County and the St. Lucie County Property Appraiser; and,
WHEREAS, the County has commissioned, and completed, the required Property Review Appraisal, for
this property, said review appraisal determining that the valuation established by the Independent Property
Appraisal represents a reasonable fair market value for the property to be dedicated, the value of which
has been established at four million, two hundred thirty nine thousand, three hundred and twenty dollars
($4,239,320); and,
WHEREAS, based on the provisions of the Section 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie
County, the proportionate amount of the total project cost that is eligible for consideration of road impact
fee credit is:
$ 4,239,320.00
WHEREAS, "West" and "St. Lucie County" are desirous of establishing an agreement concerning the
amount of credit that "West" shall be entitled to for the dedication of certain road right-of-way internal to
the Development of Regional Impact known as St. Lucie West; and,
WHEREAS, on November 25. 1997 the St. Lucie County Board of County Commissioners granted
conceptual approval to the issuance of a Road Impact Fee credit to "West" in consideration for their
dedication of certain road right-of-way internal to the Development of Regional Impact known as St. Lucie
West; and,
WHEREAS, "West" and "St. Lucie County" are desirous of establishing a final amount of credit for the
dedication of certain road right-of-way internal to the Development of Regional Impact known as St. Lucie
West; and,
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.
"West" is entitled to a credit against Road Impact Fees in the amount of four million, two
hundred thirty nine thousand, three hundred and twenty ($4,239,320) dollars under the
criteria set forth in Section 1-17-33.1 (c)(6) of the Code of Ordinances of St. Lucie County
for the properties legally described in the attached Exhibit A.
Road Impact Fee Credit
March 2, 1999
RI F 99-002
Page 2
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Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
.
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PAGE 0506
OR BOOK 12:1-1
Limitation of Credit.
The credit established by this Agreement is limited solely to the property legally described
in Exhibit A and is not transferable to any other property owned by "West" 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 than roads.
Assignability of Credit.
"West" 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 written instrument. Before
the assignment is effective, a copy of the assignment shall be provided by "West" 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:
County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
City Manager
121 SW Port St. Lucie Blvd.
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
Future Road Impact Fee Agreements.
By signing this agreement, "West" is not waiving any rights that it may have to claim
future credits for improvements already constructed or for improvements that may be
constructed in the future to the extent permitted under the "County's" Roads 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 "West."
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 "West's" successors in interest and title to the property
described in Exhibit A.
Requirement for Quarterly Reports.
Consistent with the terms of RIF-93-01, and in consideration for the issuance of this Road
Impact Fee Credit, "West" agrees 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 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, 1994,
and shall be then be due by the 15th day of each subsequent quarter. These reports shall
be sent to the addresses set forth below,
Road Impact Fee Credit
March 2, 1999
RI F 99-002
Page 3
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Uf\ D r\ L.
PAGE 05.
County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
City Manager
121 SW Port St. Lucie Blvd.
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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
Signed, sealed and delivered
in the presence of:
St. Lucie West Development Corporation
ete" Hegener, President
. '- ~
<-.
(e'
RIF99-002
Road Impact Fee Credit
March 2, 1999
~
RI F 99-002
Page 4
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PAGE 0508
O~: BOOK 1211
1
2 ACKNOWLEDGMENT
3
4 STATE OF FLORIDA )
5 ) ss
6 COUNTY OF )
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10 BEFORE ME, the undersigned authority personally appeared Paul
11 "Pete" Heqener. and is authorized to sign and execute the above
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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
8~ day of
VY)Q~Ctl
, 19!1..:L .
l,J~
at Large
My Commission Expires:
",\< Y Plj-OFFICIAL NOTARY SEAL
0"'" 6l~ SHIRLEY E SMITH
~ ~. t (\ COIIlISSlON NUMBER
il: l)jo
~ '.' ~ CC639712
~~ ...~ MY COMMISSION EXPIRES
OF ~\."" MAY 4,2001
Road Impact Fee Credit
March 2, 1999
RI F 99-002
Page 5
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. DF: BODK 1211. PAGE 05.
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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 31, Township 36 South, Range
40 East, all in St. Lucie County, Florida, particularly described as follows:
Beginning at the southwest corner of Section 35, Township 36 South, Range 39 East, run
thence South 89 degrees 59 minutes 48 seconds West a distance of 460.96 feet to the
easterly right-of-way line of 1-95, also known as State Road 9, and shown on Right-Of-Way
Map No. Section 94001-2412, sheet 4 of 14; run thence in a northerly direction along the
East right-of-way line of said 1-95 the following courses and distances: Thence North 23
degrees 34 minutes 44 seconds East a distance of 1,538.27 feet to the point of curvature
of a curve concave to the West, having a radius of 5,903.58 feet; thence northerly along
the arc of said curve 2,241.45 feet through a central angle of 21 degrees 45 minutes 14
seconds; thence North 01 degrees 49 minutes 30 seconds East a distance of 4,295.10
feet; thence continue North 01 degrees 49 minutes 30 seconds East along the easterly
right-of-way line of said 1-95 a distance of 3,396.92 feet to the Point of Curvature of a curve
concave to the West and having a radius of 11 ,633.16 feet; thence Northerly along the arc
of said curve a distance of 1,750.36 feet through a central angle of 08 degrees 37 minutes
15 seconds to a point of tangency; thence North 06 degrees 47 minutes 46 seconds West
a distance of 1,054.70 feet to the point of curvature of a curve concave to the East having
a radius of 11,285.16 feet; thence Northerly along the arc of said curve a distance of
1,338.58 feet through a central angle of 06 degrees 47 minutes 46 seconds to the point
of tangency; thence North 00 degrees 00 minutes 00 seconds East a distance of 532.68
feet to the intersection point of said easterly right-of-way line of 1-95 and the North section
line of Section 23, Township 36 South, Range 39 East.
Said point also being the South West corner 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 corner of said Section 23; run thence North 89 degrees 46 minutes 24
seconds East a distance of 2,671.27 feet to the Northeast corner 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,
Road Impact Fee Credit
March 2, 1999
RIF 99-002
Page 6
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. m BOOK 1211 PAGE 05~
1 Range 39 East, a distance of 5,282.95 feet to the Northeast corner of said Section 24; run
2 thence North 89 degrees 43 minutes 32 seconds East along the said South line of the Plat
3 of Port St. Lucie Section 44 and the North line of Section 19, Township 36 South, Range
4 40 East, a distance of 2,658.50 feet to the North quarter corner of said Section 19 and the
5 westerly right-of-way line of the Sunshine State Parkway, as shown on the Florida State
6 Turnpike Authority Right-of-Way Map of Section 6, St. Lucie County, Job and Contract No.
7 6.3, Sheet 8 of 12; run thence southerly along the North/South One Quarter (1/4) line of
8 Sections 19 and 30, Township 36 South, Range 40 East, also being the westerly right-of-
9 way line of said Sunshine State Parkway the following courses and distances: Thence
10 South 00 degrees 02 minutes 01 seconds West a distance of 5,291.20 feet to the South
11 quarter corner of said Section 19; thence South 00 degrees 18 minutes 33 seconds East
12 a distance of 2,768.11 feet; thence continue to run South 00 degrees 18 minutes 33
13 seconds East along the said West right-of-way a distance of 2,541.48 feet to the South
14 quarter corner of Section 30, Township 36 South, Range 40 East; thence South 00
15 degrees 15 minutes 12 seconds West along the North/South One-Quarter (1/4) Section
16 line of Section 31, Township 36 South, Range 40 East and along said West right-of-way
17 line a distance of 5,334.47 feet to the South One- Quarter (1/4) Section corner of said
18 Section 31 and the North line of the Plat of Port St. Lucie Section 9, as recorded in Plat
19 Book 12, Page 39, St. Lucie County Public Records; run thence North 89 degrees 48
20 minutes 31 seconds West along the South line of said Section 31 and the North line of said
21 Plat of Port St. Lucie Section 9, a distance of 2,631.43 feet to the Southwest corner of said
22 Section 31; run thence South 89 degrees 44 minutes 44 seconds West along the South
23 line of Section 36, Township 36 South, Range 39 East and the North line of the Plat of Port
24 St. Lucie Section 8, as recorded in Plat Book 12, Page 38, of said St. Lucie County Public
25 Records, a distance of 5,314.49 feet to the Southwest corner of said Section 36; run
26 thence South 89 degrees 56 minutes 26 seconds West along the South line of Section 35,
27 Township 36 South, Range 39 East and the North line of the Plat of Port St. Lucie Section
28 20, as recorded in Plat Book 13, Page 21, of said St. Lucie County Public Records, a
29 distance of 5,297.97 feet to the Southwest corner of said Section 35 and the Point of
30 Beginning.
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Road Impact Fee Credit
March 2, 1999
RI F 99-002
Page 7