HomeMy WebLinkAboutDVA-01-002 Crescent Resources, LLC
DVA 01- OO~
DEVELOPMENT AGREEMENT BETWEEN BOARD
OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA, AND CRESCENT
RESOURCES, LLC
THIS AGREEMENT is made and entered as of this ~ day off1~JUAJ ,
2001, by and between the BOARD OF COUNTY.·COMMISSIONERS OF ST. LUCIE
COUNTY, FLORIDA (the !'Board"), and CRESCENT RESOURCES, LLC., a Georgia Limited
Liability Company (the "Developer").
WHEREAS, the Board and the Developer recognize the following:
A. This Agreement is entered into in accordance with the Florida Local
Government Development Agreement Act, 163.3220-163.3243, Florida Statutes (Act), and
Section 11.08.00 (Development Agreements) of the St. Lucie County Land Development Code
(LDC).
B. The Developer owns certain real property (Property) located in St. Lucie
County, Florida, and described in the attached Exhibit "A" (Property).
C. On June 6, 2000, the Board held a series of public hearings to consider the
creation of three municipal services benefit units to install road, water and wastewater
improvements (the "Improvements"); the Lennard Road 1 Municipal Services Benefit Unit
(road improvements); the Lennard Road 2 Municipal Services Benefit Unit (potable water
improvements); and the Lennard Road 3 Municipal Services Benefit Unit (wastewater
treatment improvements) (collectively hereinafter referred to as the "MSBUs"); and,
D. The property is within the limits of the MSBUs and will derive a non-exclusive
benefit from creation of the MSBUs because the installation of improvements will allow the
Developer to develop the Property; and,
E. The County and the Developer have previously entered into a Road Contribution
and Construction Agreement wherein the Developer agreed to donate right-of-way and
construct road improvements for a portion of Prima Vista Boulevard; and,
F. In order to encourage the County to approve the creation of the MSBUs and
in consideration of the benefits that the Developer will receive from construction of the
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improvements, representatives of the Developer voluntarily agreed to: (1) pay one-half of the
share of the cost of the Improvements attributable to the single family residential
properties within the MSBUs not to exceed $18,000; and, (2) provide a site plan to the
County showing the proposed development of the Property as a commercial shopping center
prior to the County's public hearing to consider the levy of assessments by the MSBUs; and,
G. Based on testimony at the public hearings and in reliance on the commitments
of the Developer, the County adopted Resolutions Nos. 00-103, 00-104, and 00-105 and
created the MSBUs.
..-
H. nf order to -foster comprehensive and sound capital facilities planning and
financing, to ensure the provision of adequate public facilities for development concurrent
with the impacts of development, to encourage the efficient use of resources, to reduce the
economic cost of development, and to afford certainty in the approval of development, the
Board and the Developer desire to establish by agreement the terms under which the
Property may be developed.
I. On , 2001, the Board held the first public hearing on this
Agreement, after publishing notice approximately seven days prior to the first hearing.
Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior
to the first hearing to all property owners, as reflected on the current years tax roll, lying
within 500 feet of the Property.
J. On , 2001, the Board held the second public hearing on this
Agreement, after publishing notice approximately seven days prior to the second public
hearing and after announcing at the first public hearing the day, time, and place of such
second public hearing.
NOW. THEREFORE, in consideration of the mutual covenants entered between the
parties, and in consideration of the benefits to accrue to each, it is agreed as follows:
1. Accuracy of Recitals.
The above recitals are true and correct.
2. Mandatory Provisions.
a. Legal Description and Owner.
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The land that is the subject of this Agreement is described in the
attached Exhibit" A". The owner of legal and equitable title to the Property is CRESCENT
RESOURCES, LLC, a Georgia Limited Liability company.
b. Duration.
This Agreement shall expire ten (10) years after the effective date
provided in Section 11, unless earlier terminated as provided in Section 8.
c. Uses. Densities. Intensities. Height. and Architectural Standards
The development uses permitted on the Property, including densities,
intensities, and height, shall be as follows:
Uses Allowed: As identified in Section 3.01.03(5)(2) of the St. Lucie
County Land Development Code (latest edition).
Density Allowed: The gross density allowed shall not exceed 50'Yo of the
gross site area.
Intensity Allowed: The intensity of the site shall not exceed 134,855
s.f. as indicated on the Site Plan.
Height Allowed: 60 ft. (maximum)
Architectural Standards: See attached
d. Future Land Use Map Designation.
The land use designation of the Property under the future land use
element of the St. Lucie County Comprehensive Plan is COM ("Commercial").
e. Zoning.
The current zoning of the property is CG ("Commercial General").
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f. Site Plan.
The Developer has previously submitted to the Board a final site plan
for the Property consistent with the approved conceptual site plan and the provisions of
Section 2c herein. This Agreement is contingent upon County approval of the final site plan.
g. Public Facility Adequacy.
Development of the property is contingent upon completion of the
improvements financed by the MSBUs. ...
h. Local Development Permits.
The local development permits required for the development of the
Property are:
(1) Comprehensive plan amendment - N/ A
(2) Rezoning - N/ A
(3) Submission to Treasure Coast Regional Planning Councilor Florida
Department of Community Affairs - N/ A
(4) Regulatory permits - surface water management permit(s) from
the South Florida Water Management District. The need for
other regulatory agency permits shall be determined based upon
final site construction plans.
(5) Subdivision plat approval - will be required prior to the sale of
any lots or properties.
(6) Final development order - required prior to commencing
construction.
(7) Site plan approval - required prior to commencing construction.
(8) Building permit - required prior to commencing construction.
I. Responsibility for Local Development Permits.
All local development permits shall be obtained at the sole cost of the
Developer and in the event site plan approval and/or a building permit is/are not received, no
further development of the Property shall be allowed until such time as the Board has
reviewed the matter and determined whether or not to terminate this Agreement or to
modify it in a manner consistent with the St. Lucie County Comprehensive Plan.
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J. Consistency with Comprehensive Plan.
The Board finds that the development of the Property as provided in
this Agreement is consistent with the St. Lucie County Comprehensive Plan.
k. Consistency with LDC.
Provided that the Developer submits and obtains Board approval of a site
plan in accordance with Section 2c of this Agreement that complies with the County's Land
Development Code ("LDC"), the Board finds that the development of the Property as provided
in this Agreement is consistent with the LDC.
I. Compliance with Other Law.
Failure of this Agreement to address a particular permit, condition,
term, or restriction shall not relieve the Developer of the necessity of complying with the law
governing such permitting requirement, condition, term, or restriction; and any matter or
thing required to be done under existing ordinances of St. Lucie County shall not be otherwise
amended, modified, or waived unless such amendment, modification or waiver is expressly
provided for in this Agreement with specific reference to the code provision so amended,
modified, or waived.
m. Necessary Conditions.
The Board reserves the right to impose conditions and requirements on
any development order as necessary to protect the health, safety, and welfare of the public
and the citizens of St. Lucie County.
3. Agreement to Pay Single Family Residential Share. The Developer agrees to
pay one-half of the share of the cost for the installation of the Improvements attributable
to the single family residential properties within the MSBUs as described on Exhibit "B" (the
"Single Family Cost") with Developer's share not to exceed $18,000.00. This cost is currently
estimated to be $36,000.00. The Developer agrees to pay $18,000.00 as its one-half share
of the Single Family Cost within 15 days of the receipt of an invoice from the Board setting
forth the estimated amount due. If the final cost is less than the estimated cost, the
Developer shall be entitled to receive one-half of the difference. This obligation shall survive
the revocation or termination of this Developer Agreement.
4. Final Site Plan Submittal. The Developer has previously submitted a final site
plan (the "Site Plan") to the Board in accordance with the provision of Section 2c of this
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Agreement showing the proposed development of the Property. The Developer further
agrees that the plan for development of the Property as shown on the Site Plan will not be
changed unless approved by the Board in its discretion by action of the Board separate and
apart from any regulatory approvals required for the development of the Property by the
Board or any other regulatory agency.
5. Adequacy of Public Facilities; Continued Reservation of Capacity.
The following items in regard to the adequacy of public facilities in this area
are acknowledged: ...-
a. Drainage: The Property is located in part within the identified 100 year
flood plain. All construction activities will be in accordance with applicable St. Lucie County
and South Florida Water Management District permitting standards and regulations.
b. Potable Water: Subject to completion of Lennard Road 2 MSBU
improvements, the Property will be serviced by Port St. Lucie Utilities (the "City of Port St.
Lucie"). The Developer acknowledges that it is his responsibility to bear the cost of providing
potable water to the Property from the nearest available service location in accordance with
all applicable Port St. Lucie Utility Construction Standards and Specifications.
c. Sanitary Sewer: Subject to completion of the Lennard Road 3 MSBU
improvements, the Property will be serviced by the City of Port St. Lucie. The developer
acknowledges that it is his responsibility to bear the cost of providing sanitary sewer to the
Property from the nearest available service location, in accordance with all applicable Port St.
Lucie Utility Construction Standards and Specifications.
d. Solid Waste: Sufficient capacity exists in the St. Lucie County Landfill
to service the anticipated demands of the Property.
e. Parks: Sufficient capacity exists within all required level of service
categories for the proposed number of residential units.
f. Mass Transit: Not applicable.
g. Roads: Subject to completion of the Lennard Road 1 MSBU
improvements, sufficient roadway capacity will exist to support the proposed development
of this project.
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6. Amendment of Cancellation by Mutual Consent.
This Agreement may be amended or cancelled by mutual consent of the parties,
and shall terminate upon the issuance of the last Certificate of Occupancy for last residential
building as shown on the approved Site Plan. Prior to amending this Agreement, the Board
shall hold two public hearings consistent with the requirements of Section 11.08.02 of the
LDC. No further development permits that would result in the generation of any additional
required Level of Service impacts will be issued until a new Final Development Order has been
issued. Any application for a new Final Development Order, except for a modification to an
existing building, structure, or site facility that does-not require a new concurrency review,
will be subject tõ all applicable standards and regulations in effect at the time the application
is filed. Any application for Final Development Order, for a modification to a building,
structure, or site facility built or constructed in accord with the terms of this development
agreement shall be subject to any applicable St. Lucie County construction standard or code
in effect at the time the application is filed.
7. Involuntary Revocation of Development Agreement.
The Board may revoke this Agreement if the Board determines through its
annual review of this Agreement that the terms and conditions of this Agreement, including
all amendments or extensions thereto, have not been complied with. Prior to any revocation
of this Agreement, the Board shall hold two public hearings consistent with the requirements
of Section 11.08.02 of the LDC. At the public hearing(s), the Developer will be given an
opportunity to rebut the determination that the requirements of this Agreement, or any
amendments thereto have not been complied with. If the Board determines that revocation
of this Agreement is not necessary, the Board may amend the terms of this Agreement to
provide for any reasonable condition necessary to assure compliance with the requirements
of this Development Agreement, and any extensions or amendments thereto. Either party or
any aggrieved or adversely affected person may file an action for injunctive relief in the
Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement.
The provisions of Paragraph 4 requiring Board approval of any change in the Site Plan shall
survive the revocation of the Agreement.
8. Term.
The term of this Agreement shall be ten (10) years from the effective date.
This Agreement may be extended by mutual consent of the Board and the Developer, subject
to public hearing in accordance with Section 11.08.02 of the LDC.
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9. Recording; Submission to Florida Department of Community Affairs.
Within 14 days after the Board enters this Agreement, the Clerk to the Board
shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded
Agreement shall be submitted to the Department of Community Affairs within 14 days after
the Agreement is recorded. If this Agreement is amended, cancelled, modified, extended,
or revoked, the Clerk shall have notice of such action recorded in the public records and such
recorded notice shall be submitted to the Florida Department of Community Affairs.
to.
Effective Date.
...
.
This Agreement shall be effective 30 days after its receipt by the Florida
Department of Community Affairs. Notice of the effective date of this Agreement shall be
provided by the Board to all affected parties to the Agreement.
11. Annual Review.
In accordance with Section 11.08.08 of the LDC, the Board shall review the
development that is subject to this Agreement every 12 months, commencing 12 months after
the effective date of this Agreement. The Board shall begin the review process by giving
notice, a minimum of 30 days prior to the anniversary date for the effective date of this
Agreement, to the Developer of its intention to undertake the annual review of this
Agreement and of the necessity for the Developer to provide the following:
a. An identification of any changes in the plan of development as contained
in the Site Plan, or in any phasing for the reporting year and for the next year.
b. If the Site Plan provided for phasing, a summary comparison of
development activity proposed and actually conducted for the year.
c. Identification of undeveloped tracts of land that have been sold to a
separate entity or Developer.
d. An assessment of the Developer's compliance with each condition of
approval set forth in this Agreement.
e. Identification of significant local, state and federal permits which have
been obtained or which are pending by agency, type of permit, permit number and purpose of
each.
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Any information required of the Developer during an annual review shall be
limited to that necessary to determine the extent to which the Developer is proceeding in
good faith to comply with the terms of this Agreement. For each annual review conducted
during years 6 through 10 of this Agreement, the Board shall prepare a written report in
accordance with rules promulgated by the state land planning agency. The report shall be
submitted to the parties to the Agreement and the State land planning agency. If the County
finds on the basis of substantial competent evidence that there has been a failure to comply
with the terms of the Agreement, the County may revoke or modify the terms of this
Agreement in accordance with the procedures set forth in Paragraph 7.
..-
12. Effect of Contrary State or Federal Laws.
In the event that any state or federal law is enacted after the execution of
this Agreement that is applicable to and precludes the parties from complying with the terms
of this Agreement, then this Agreement shall be modified or revoked as is necessary to
comply with the relevant state or federal law. Prior to modifying or revoking this Agreement,
the Board shall hold two public hearings consistent with the requirements of Section 11.08.02
of the LDC.
13. Enforcement.
Either party, any aggrieved or adversely affected person, or the state land
planning agency, may file an action for injunctive relief in the Circuit Court for St. Lucie
County to enforce the terms of this Agreement or to challenge compliance of this Agreement
with the provisions of the Act or Section 11.08.00 of the LDC. In the event the Board or the
Developer is required to seek enforcement of the provisions of this Agreement, the prevailing
party shall be entitled to recover from the other party all costs of such action, including
reasonable attorney's fees.
14. Notices.
The parties designate the following persons as representatives to be contacted
and to receive all notices regarding this Agreement:
For the Board:
County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
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with a copy to:
County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
For the Developer:
J. Brent Smith
Crescent Resources, LLC
Post Office Box 1003
Charlotte, NC 28201-1003
..
15. Sûccessors ánd Assigns.
This Agreement shall be binding upon the parties and their successors and
assigns. In the event of assignment of this Agreement, the Developer shall provide notice
to:
County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
County Attorney
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982-5652
IN WITNESS WHEREOF, the parties hereto have caused the execution of this
Agreement by their duly authorized officials as of the day and year first above written.
Signed, sealed and delivered in the
presence of:
~j ~~~~
Print ame: mer fogMïy
'Jitss. ,
Print ~:f!r;l~/~YS
Witness
CRESCENT RESOURCES, LLC
a Geor~~::f~i~ity Company
By: tr
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Page 10 of 11
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Deputy Clerk .~
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE "þUNTY, F~DA
,,- ~ v ,/~
BY;... ,
, ~.,I
..~....,r;
STATE OF NORTH CAROLINA
COUNTY OF ~koblJr:5
The foregoing instrument was acknowledged before me this 1~+11 day of
\1\1~lId , 2001, by ffljk~ \D;~~in.s , the \fa'ßL ~re4~t of CRESCENT
RESOURCES, LLC, a Georgia Limited Liability Company, who is ~ personally known to me,
or _ who has produced as identification and who didl ~
not take an oath.
Notary Seal
~~ ~-O-Cl
Notary Public, State of North Carolina
Print Name: ~Qr.en r:de.rQI
My Commission Expires:-=Uttl-SOO.5
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EXHffiIT A
LEGAL DESCRIPTION'OF PRIMA VISTA CROSSING
Lyíng and being in Section 22, Township 36 South Range 40 East, St. Lucie
County. Florida, and more particularly described as follows:
Commence at the southeast comer of Section 22, Township 36
South, Range 40 East; thence, along the East line of said Section 22, N. 00-
15-04 W. 1609.45 feet to an iron rod with plastic cap, the point and place of
BEGINNING; thence, continuing with and along the East line of said
Section 22, N. 00-15-04 W. 776.33 feet to a found 3 x 3 concrete
monument; thence S. 89-46-04 W. 1485.02 feet to a found iron rod with
plastic cap in the eastern margin of the right-of-way of U.S. Highway No.1
(State Road No.5) {l20' right-of~way)~ thence, with and along the eastern
margin of the right-oi-way of U.S. Highway No. l~ S. 27~55-21 E. 745.33
feet to a found iron rod with plastic cap; thence} leaving the eastern margin
of the right-of-way of U.S. Highway No. 1, N. 84-51-00 E. 309,09 feet to a
point; thence S, 27~55-21 E. 272.48 feet to a found iron rod with plastic
cap; thence N. 73-27-31 E. 260.06 feet to a point~ thence S. 27-54-26 E.
80.41 feet to a point~ thence N. 73-27-31 E. 311.59 feet to a found iron rod
\-vith plastic cap; thence S. 27-54.,26 E. 25.00 feet to a found iron rod wìth
plastic cap; thence N. 73-27-31 E. 111.22 feet to a found iron rod \\lith
plastic cap, the point and place of BEGI}J1\¡'1NG. containing 22.75 acres,
more or less, as shown on an ALTNACSM survey prepared for A.G.
Interests, Inc.. (Job No. 22830a), dated February 17, 2000, last revised
January 23, 2001, and prepared by Culpepper and Terpening, Inc., Michael
T. Owen, PSM.
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