HomeMy WebLinkAboutDVA-94-001 Midway Square
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DV A-94-001
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DEVELOPMENT AGREEMENT BE1WEEN BOARD OF
COUNlY COMMISSIONERS OF ST. LUCIE COUNlY,
FLORIDA, AND FLORIDA COAST INVESTORS, LTD.,
RESPECTING A PROJECT KNOWN AS MIDWAY SQUARE
TIJIS AGREEMENT is made and entered as of this ~ day of
~ ' 1994, by and between the BOARD OF COUNTY
CO ISSIONERS OF ST. LUCIE COUNTY, FLORIDA (Board), and FLORIDA
COAST INVESTORS, LTD., a Florida limited partnership (Developer).
WHEREAS, the Board and the Developer recognize the following:
A. This Agreement is entered in accordance with the Florida
Local GoverruÌlent Development Agreement Act, 163.3220-
163.3243, Fla. Stat. (Act), and section 11.08.00
(Development Agreements) of the St. Lucie County Land
Development Code (LDC).
B. The Developer owns certain property at the northwest
corner of the intersection of West Midway Road and South
25th Street, described in the attached Exhibit A
(Property), on which the Board has granted, by Resolution
No. 90-337 attached as Exhibit B, site plan approval for
construction of a shopping center and related
development. The development project is known as Midway
Square.
C. Resolution No. 90-337 further provided that the site plan
would expire on December 11, 1991, unless a building
permit was issued or a site plan approval extension was
granted in accordance with Section 11.02.06 of the LDC.
The Board has granted site plan approval extensions for
the project to December 11, 1992, by Resolution No. 92-
019, and to December 11, 1993, by Resolution No. 92-256.
D. Resolution No. 90-337 imposed certain conditions upon the
development of Midway Square, including a requirement
that the developer provide a drainage easement allowing
the of the project perimeter outfall ditch along
Jorgenson Road.
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 1
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E. In 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 ûnder which
the Property may be developed in accordance wi th the
conditions set forth in Resolution No. 90-337.
F. On July 5, 1994, 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.
G. On July 19, 1994, the Board held the second public
hearing on this Agreement, after publishing notice
approximately seven days prior to the second hearing and
after announcing at the first public hearing the day,
time, and place of such second public hearing, and
continued the public hearing until August 23, 1994.
H. On August 23, 1994, the Board reconvened the public
hearing and again continued final consideration on this
Agreement until September 13, 1994.
I. On September 13, 1994, this Board reconvened the public
hearing on this Agreement and accepted additional public
comment and testimony.
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. Accuracv of Recitals.
The above recitals are true and correct.
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
page 2
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2.
Incorporation of Site Plan Materials.
The application for site plan approval for Midway Square,
all submissions by the Developer in support of such
application, Resolution No. 90-337 granting site plan
approval for the project, and Resolution Nos. 92-019 and
92-256 granting site plan approval extensions for the
project (collectively, Site Plan Materials) be and they
are hereby incorporated by reference into the record of
the proceeding conducted by the Board to review this
Agreement.
3.
Mandatorv Provisions.
a. Leqal Description and Owner.
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 Florida Coast
Investors, Ltd., a Florida Limited Partnership.
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, and Heiqht.
The development uses permitted on the Property, including
densities, intensities, and height, shall be as set forth
in the site plan approved by Resolution No. 90-337,
provided, however, that the Developer may seek adjustment
of such site plan in accordance with Section 11.02.04 of
the LDC without amending this Agreement so long as such
adjustment does not increase the projected traffic
generation for the project as identified in Section 7(g)
of this Agreement.
d. Future Land Use Ma? Desiqnation.
The land use designation of the Property under the future
land use element of the st. Lucie County Comprehensive
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 3
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Plan is COM (Commercial).
..-
e. Zoning.
The current zoning of the property is CG (Commercial
General). Notwithstanding any other provision of this
agreement, the developer acknowledges that in-the future
the Board may proceed to adopt archi tectural review
standards for an area that includes the property. In
such event, the rules and regulations establishing such
standards would govern development of the property.
The Developer agrees that prior to the preparation of
final architectural drawings for any of the proposed
buildings on the Property, the Developer will provide to
the County schematic plans which indicate that the
proposed exterior architecture of the buildings is
generally consistent with the character of any
architectural guidelines adopted for the White City area.
The County agrees that it will not unduly withhold a
certification that the schematic plans are indeed
consistent with the character of any architectural
guidelines adopted for the White City area.
If the Developer proceeds with the first phase of the
project before the County has adopted guidelines for the
White City area, the Developer agrees (reference attached
Exhibit C) to bring architectural plans in to the County
for informal review by County Staff for general
consistency with the architectural guidelines being
considered.
f. Site Plan.
The site plan for the Property shall be the site plan for
Midway Square as approved in Resolution No. 90-337,
subject to such adjustments as may be obtained by the
Developer in the manner described in Section 3 (c) of this
Agreement.
g. Public Facility Adequacy.
The public facilities that will service the development
shall be those described in the Site Plan Materials.
M~dway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 4
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h. Reservation or Dedication of Land.
As provided in Resolution No. 90-337, the Developer will
abide by the terms of Special Condition Number 11, and
provide to the Board a drainage easement allowing use of
the project perimeter outfall ditch for the purpose of
maintaining historic off-site drainage flows along
Jorgenson Road.
i. Local Development Permits.
The local development permits required for the
development of the Property are:
(1) Comprehensive plan amendment - not required.
(2) Rezoning - not required.
(3) Submission to Treasure Coast Regional Planning
Councilor Florida Department of Community Affairs
- not required.
(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.
required only if
(5) Subdivision plat approval
Property is to be subdivided.
(6) Final development order - previously obtained with
site plan approval, described below.
(7) Site plan approval
Resolution No. 90-337.
obtained as provided in
( 8 ) Building permit
construction.
required prior to commencing
j. Responsibilitv for Local Development Permits.
All local development permits shall be obtained at the
sole cost of the Developer and in the event subdivision
plat approval (if required) and/or a building permit
is/are not received, no further development of the
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 5
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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.
k. Consistency with Comprehensive Plan.
The Board finds that the development of the Property as
provided in Resolution No. 90-337 and in this Agreement
is consistent with the St. Lucie County Comprehensive
Plan.
1. Consistency with LDC.
The Board finds that the development of the property as
provided in Resolution No. 90-337 and in this Agreement
is consistent with the LDC.
m. 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.
n. Necessary Conditions.
The conditions and requirements set forth in Resolution
No. 90-337 are reaffirmed as necessary to protect the
health, safety, and welfare of the public and the
citizens of St. Lucie County, except that condition
Number 9 of Resolution 90-337 is hereby repealed.
4.
Authorization to Develop Property.
The Developer may proceed to develop the Property in
accordance with the site plan for Midway Square, as
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 6
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approved in Resolution No. 90-337, and upon submission of
plans meeting technical building ~ode requirements and
payment of applicable fees, the developer shall receive
any and all applicable building permits authorized under
the Site Plan Materials, subject to the terms,
conditions, reservation, and requirements of this
Agreement, and subject to such adjustments as may be
obtained by the Developer in the manner described in
Section 3 (c), provided however, the Developer shall
obtain building permits and complete construction in
accordance with the following schedule (start and
complete dates stated in months after the effective date
of this Agreement):
phase # Minimum cumulative start by complete by
SF to be permitted (month) (month)
I 70,000 42 64
II 125,000 72 94
III 235,237 96 120
If building permits for Phase I of this project have not
been issued and the easement described in Section 3(h)
has not been provided within 42 months of the effective
date of this Agreement, the authorization to develop as
contained herein shall be of no further force or effect.
The dates to complete may only be extended by amendment
of this Agreement or upon extension of the building
permit time limitation in the manner provided in section
11.05.01(A) (2) of the Land Development Code.
In the event that the entire project as described in the
Site Plan Materials is not completed within the effective
period of this Agreement, this Agreement and the
authorization to develop as contained herein shall be of
no further force or effect.
5.
Impact Fees
a. Applicability
No building permit shall be issued for development of the
Property unless and until any and all impact fees
required under then applicable ordinances have been paid
by the Developer or its assigns
b. Credit
DVA-94-001
Page 7
Midway Sq. Dev. Agreement
Adopted 9/13/94
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As provided in Resolution No. 90-337, and if and, to the
extent permitted under Chapter 1-17~ Article III, section
1-17-33.1, St. Lucie County Code and Complied Laws, the
Developer shall be entitled to a credit against roads
impact fees due under such ordinance for all adjacent
roadway improvements that are constructed in excess of
the minimum necessary to provide access to the Property
and Midway Square. Such credit shall be calculated in
accordance with the criteria set forth in Section 1-17-
33.1 of the Road Impact Fee Ordinance. Any Road Impact
Fee credits that are afforded in accordance with this
Agreement shall be applicable only to, but shall be
freely transferable wi th ownership of, the Property
described in the attached Exhibit A.
6.
Temporary Construction Easements.
Upon request of the Board, the Developers shall provide
to the Board temporary construction easements to
facilitate public roadway, drainage and utilities
construction or installation along or adjacent to the
perimeter of the Property. Such Easements shall be no
greater than 20 feet in width and no longer than 18
months in duration
7.
Adequacy of Public Facilities: Continued Reservation of
Capacity.
The following items in regard to the adequacy 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.
The Property is serviced by the
Ft. pierce utilities Authority.
Potable water lines are
adjacent to the property along
the south and east property
Potable Water:
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 8
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lines. The Developer
acknowledges its intent to
connect to this system, or to
such other central water supply
as may be available, as a part
of the development of the
Property.
c.
Sanitary Sewer:
The Property lies within the
planned service area of the Ft.
pierce utili ties Authority. The
Developer acknowledges its
intent to extend all necessary
sewer lines and facilities, to
the requirements of the Ft.
pierce utilities Authority, or
other such central sewer system
as may be available to service
the Property as a part of the
development of Midway Square.
d.
Solid Waste:
Sufficient capacity exists in
the St. Lucie County Land Fill
to service the demands of the
Property.
e.
Parks:
Not applicable
Not applicable
f.
Mass Transit:
g.
Roads:
Midway Square is projected to
generate approximately 12,900
daily trip ends, as reported in
the Site Plan Materials.
The estimated amount of Road
Impact Fees that would be
assessed.against Midway Square
if building permits were to be
issued as of the effective date
of this Agreement are as
follows:
Main Shopping Facility: 219,237 sf @ $1,475/1000 ft2 = $323,375
Outparcel 1: 4,000 sf @ $1,718/1000 fe = $ 6,872
Outparcel 2: 4,000 sf @ $1,718/1000 ft2 = $ 6,872
Outparcel 3: 4,000 sf @ $1,718/1000 ft2 = $ 6,872
Midway Sq. Dev. Agreement DVA-94-001
Adopted 9/13/94 Page 9
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Outparcel 4:
4,000 sf @ $5,632/1000 ft2 = S 22,528
Total
$366,519
In consideration of this
Agreement, the Developer agrees
to prepay Road Impact fees to
the Board in accordance with
the following schedule:
Within 90 days of the recording
of this agreement:
$ 36,652
Annually on or before the first
through the ninth anniversaries
of the effective date: $36,652 (x 9)
$329,868
$366,520
All Roads Impact Fees paid upon
the issuance of building
permits for structures on the
Property, and any credit due as
provided in Section 5 (b) of
this Agreement, shall be
credited against the sums due
in accordance with the schedule
set forth above. All Roads
Impact Fees prepaid in
accordance with such schedule
shall yield a credit calculated
on a per trip basis as provided
for in the fee schedule and
supporting trip generation
analysis in effect at the time
of payment and shall be
nonrefundable except as
provided.in this Section 7(g).
If at the time a building
permit is requested, the
Developer has not prepaid Road
Impact Fees equivalent to the
trips generated by the land use
type involved in such request,
the Developer shall be
responsible for any sum
remaining due under the fee
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 10
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schedule in effect at the time
of such ~request. If this
Agreement expires or terminates
for any reason and prepaid Road
Impact Fees and credits remain
outstanding, the Developer
shall be deemed to hold a road
impact fee credit in the sum so
remaining, which credit shall
be transferable with ownership
of the Property.
8.
Amendment or Cancellation by Mutual Consent.
This Agreement may be amended or canceled by mutual
consent of the parties, and shall terminate upon the
issuance of a Certificate of Occupancy in accordance with
the last building permit authorized under the Site Plan
Materials. Prior to amending this Agreement, the Board
shall hold two public hearings consistent with the
requirements of Section 11.08.02 of the LDC.
Notwithstanding any other provision of this Agreement,
the Developer may, at any time through the effective
period of this Agreement, declare that the project is
completed and that the terms and conditions of the
Agreement shall terminate. Any such declaration shall be
in writing and provided to the County Administrator.
Upon the receipt of any such declaration, the Site Plan
Materials shall be deemed to be modified to reflect only
that portion of the development which has been
constructed. No further development permit that would
result in the generation of any additional required Level
of Service impacts will be issued until an updated
concurrency review has been completed. Any application
for development approval following a voluntary
declaration of completeness will be subject to all
applicable standards and regulations in effect at the
time the application is filed.
9.
Obliqation to Construct Adjacent Roadwav Improvements.
within 36 months of the effective date of this Agreement
contracts shall be let for the construction of the
roadway improvements to South 25th Street and West Midway
Road described in Conditions Number 1, 2 & 3 of
Resolution 90-337. All roadway construction is to be
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 11
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completed within 45 months of the effective date of this
Agreement, except that in no ~instance shall any
Certificate of Occupancy for any portion of this
development be issued until these roadway improvements
are completed. To the extent that Road Impact Fee
credits are applicable to this roadway construction, the
provisions of Section 5 shall apply.
10. Term.
The term of this Agreement shall be ten ( 10) years,
unless earlier terminated as provided in section 8. 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. The term of
anyone (1) extension shall not exceed five (5) years.
11. Recordinq: 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 Florida
Department of Community Affairs within 14 days after the
Agreement is recorded. If this Agreement is amended,
canceled, 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.
12. Effective Date.
This Agreement shall be effective on the date of its
recording in the public records of St. Lucie County, 30
days after its receipt by the Florida Department of
Community Affairs, or upon the Developer complying with
any requirement set forth in section 7, whichever last
occurs. If this Agreement has not become effective within
90 days of recording, it shall be deemed canceled.
13. Annual review.
In accordance with section 11.08.08, of the LDC, the
Midway sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 12
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Board shall review the development that is subject to
this Agreement every 12 months, commencing 12 months
after the effective ~ate of this Agree~e~t. The Board
shall begin the rev~ew process by g~v~ng 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
Materials, or in any phasing for the reporting year
and for the next year.
b. If the Site Plan materials provide 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 Resolution
No. 90-337 and this agreement.
e. Identification of significant local, state and
federal permits which have been obtained or which
are pending by agency, type of permi t, permi t
number and purpose of each.
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.
14.
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.
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 13
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In the event that the Property is annexed, either
voluntarily or involuntarily," into any local
municipality, the terms and conditions effecting any
reservation of service capacity for any required Level of
Service item as set forth in this agreement shall remain
the obligation and responsibility of the Developer.
15. Enforcement.
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 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.
16. Notices.
The parties designate the following persons as
representatives to be contacted and to receive all
notices regarding this Agreement:
For the County: County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, FL 34982-5652
with copy to: County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, FL 34982-5652
For the Developer: Paul Rhodes, General Partner
Florida Coast Investors, Ltd.
251-A Royal Palm Way, Suite 300
Palm Beach, FL 33480
17. Successors and Assiqns.
This Agreement shall be binding upon the parties and
their successors and assigns. In the event of assignment
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 14
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of this agreement, the developer shall provide notice to:
~.
County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, FL 34982-5652
County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, FL 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:
FLORIDA COAST INVESTORS, LTD.
By: RHODES HOLDINGS, INC., a
Florida Corporation,
General Partner
\ C/G.LU.t (¿ ~1-d)LJ
Print Name Sc-z \ I ~ A, À.£.< \-:'0;-.)
By: "~
PAUL ODES, President
Print Name
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-Q01
Page 15
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~~
OR BOOK 0 9 2 5
PAGE
322
Attest:
I
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As Deputy
Approved as to form
and correctness:
&~.~
C nty Attorney
OVA9401b
OJM
Midway Sq. Dev. Agreement
Adopted 9/13/94
BOARD OF COUNTY COMMISSIONERS ;
OF ST. LUCIE COUNTY, ~LORI~~~S'
.:.:.~;;-
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DVA-94-001
Page 16
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STATE OF FLORIDA
COUNTY OF -ST. LUCI-:E 'VA-i)^¡ i?£fìCtt
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The foregoing instrument was acknowledged before me this ~ day of
{c-¡obeí , 199..:i, by PAUL RHODES, President of RHODE"S HOLDINGS,
8
INC., a General Partner, of FLORIDA COAST INVESTORS, LTD., a
9
Florida Limited Partnership, who is
.K personally known to me,
~
who has produced
a~ identification
and who
did/
v
not take an oath.
[Notary Seal]
ß~ a'dav1r-JXJ
Notary Public, State of Florida
Print Name: SPt--L'-{ A 1--AP--'0ðD
My commission Expires:
OFFICIAL NOTARY SEAL
SALLY A LARSON
NafARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC326771
MY COMMISSION EXP. OCT. 28,1997
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 17
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EXHIBIT A
The north 1/2 of the SE 1/4 of the NE 1/4 of Section 5, Township 36S, Range 40E,
excepting all rights-of-way for public roads and drainage canals. Said parcel also being
referred to as Lots 82 & 83, White City subdivision, as recorded in PB 1, Pg 23, Public
Records of S1. Lucie County.
together with:
The south 1/2 of the SE 1/4 of the NE 1/4 of Section 5, Township 36S, Range 40E,
excepting all rights-of-way for public roads and drainage canals. Said parcel also being
referred to as lot 97, White City subdivision, as recorded in PB 1, Pg 23, Public Records
of S1. Lucie County.
less and expecting the following:
Commence at the northwest corner of the above described property; said corner being
also a point on the easterly ROW of Jorgensen Road (a 40 foot ROW); thence S 00 11'
29· E, a distance of 1296.92 feet to a point on the north ROW of Midway Road, said point
being also 60.00 feet north of the centerline of said road; thence N 890 50' 27· E along
said ROW line, a distance of 899.93 feet to the POB; thence N 00 34' 08· W, a distance
of 200 feet; thence N 890 50' 27· E, a distance of 326.70 feet to the west ROW of South
25th Street; thence S 00 15' 05· E along said ROW, a distance of 200.00 feet more or less
to the aforementioned north ROW line of Midway Road, said point being 73.00 feet, west
of the centerline of South 25th Street and 60.00 feet north of the centerline of said Midway
Road; thence S 890 50' 27· W along said north ROW line, of Midway Road a distance of
325.59 feet to the POB, containing 1.50 acres, more or less.
DVA-94-001
page 18
Midway sq. Dev. Agreement
Adopted 9/13/94
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EXHIBIT B
RESOLUTION 90-337
Midway Sq. Dev. Agreement
Adopted 9/13/94
DVA-94-001
Page 19
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10SSS90
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Sc Lucit: Cou Po! \'
VX T:¡_ 5;
Clerk of C;r~u¡1 Coun
By ~
Dcpu~y ied:
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RESOLUTION NO. 90-337 :Tutal ~ ,3?S-"D
A RESOLUTION GRANTING SITE
PLAN APPROVAL FOR A PROJECT
KNOWN AS MIDWAY SQUARE
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WHEREAS, the Board of County Commissioners of st. Lucie
County, Florida, has made the following determinations:
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has been
of the
Street,
1. A 236,054 square foot retail project
proposed for location at the northwest corner
intersection of W. Midway Road and South 25th
which project is to be known as Midway Square.
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Development Review Committee has reviewed the
for the proposed project and'has found it to
technical requirements, and to be· consistent
the existing zoning and the future land ~use
the st. Lucie County Comprehensive Plan,
the conditions set forth in Section A of the
2 . The
site plan
meet all
with both
maps from
subject to
resolution.
3. The developer has provided a transportation
impact report for the proposed project.
4. The proposed project is consistent with -the
__.general purpose" goals, objectives, and standards of the
- st. Lucie County Zoning Ordinance, the st. Lucie County
Comprehensive Plan, and the Code of Ordinances of st.
Lucie County.
not have an undue
the character of the
parking, utility
the public health,
5. The proposed project will
adverse effect on adjacent property,
neighborhood, traffic conditions,
facilities, or other matters affecting
safety and general welfare.
6. All reasonable steps have been taken to
any adverse effect of the proposed project
immediate vicinity through building design, site
landscaping and screening.
minimize
on the
design,
7. The proposed project will be.. constructed, arranged
and operated so as not to interfere with the development
and- use of neighboring property, in accordance with
applicable district regulations.
8. The proposed project will be served by adequate
public facilities and services.
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9. The applicant has obtained from the st. Lucie
County Fort Pierce Fire Prevention Bureau written
confirmation that water supply, evacuation facilities,
and emergency access are satisfactory to piovide adequate
fire protection.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
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A. Pursuant to Section
County Zoning Ordinance, the
project to be known as Midway
hereby, approved as shown on
the project prepared by:
5.1.300 of the st. Lucie
site plan for the proposed
Square be, and the same is
the site plan drawings for
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1. )
Wayne E. Vensel, Architect
SP-3), dated 12/21/89;
11/27/90; and,
(Sheets SP-1 thru
last revised
2. )
Lindahl, Browning,· Ferrari &
Inc., (sheet 1 of I), dated
last revised 12/10/90; and,
Hellstrom,
12/29/89;
3.) Land Design South, (Sheet 1 of 2), dated
6/27/90; last revised 11/27/90,
and date stamped received by the st. Lucie County
Community Deve1opment- -Director on November 29, 1990,
and December 10, 1990 (engineering layouts . only). subject
to the following conditions:
ROADWAY IMPROVEMENT REQUIREMENTS
I. ). West Midwaý Road:- .
Prior to the issuance of any certificate of occupancy for
any portion of the development-parcel described in
Section B, which does include all out parcels, the
developers shall provide for the four laning of West
Midway Road from the intersection of South 25th Street to
the projects central entrance. All construction designs
shall be in accordance with St. Lucie County standards.
2.) South 25th Street:
Prior to the issuance of any certificate of occupancy for
any portion of the development parcel described in
Section B, which does include all out parce1.s, the
developers shall provide for the construction of a
continuous southbound through/right turn lane the length
of this properties east property line (South 25th Street
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RjW Line). This construction shall extend at a minimum
from the northern limits of the property described in
Section B to the intersection of South 25th Street and
West Midway Road. All roadway designs'" shall be in
accordance with minimum County and FDOT standards.
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3.) Signal Modifications
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All signalization modifications, if any, which
from the construction of these roád improvements,
be at the expense of the developer.
result
shall
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4.) Road Impact Fees
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To the extent permitted under Chapter 1-17, Article III,
Section 1-17-33.1, St. Lucie County Code and Compiled
Laws, all adjacent roadway improvements that are
constructed which are in excess of the minimum
necessary to provide access to this property and its
level of proposed development, may be considered for
Road Impact Fee Credit, subject to further review and
approval by the St. Lucie County Board of COÚnty
Commissioners.
SITE ACCESS RESTRICTIONS
5. ) South 25th Street Driveway Access Points:
a.) South 25th Street access to out parcels #1 and #2
shall '--be restricted to a common driveway p·roviding
access to both properties. Individual . driveway
connections from these outparcels shall be
prohibited. At such time as the roadway is six
laned this entrance will be limited to right
in/right out turn only.
b.) Out parcel #3 shall be restricted to a right
in/right out turning movement only. Driveway access
to this site shall be constructed in Such a manner
as to pr~clude the ability to make left turn
movements 'in or out of this driveway.
c.) The northernmost driveway connection along South
25th Street shall be restricted to a right turn
in/right turn out access only. Driveway access to
this site shall be constructed in such a manner as
---1:0 preclude the ability to make left turn movements
in or out of this driveway.
6.) West Midway Road Access Points:
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a.) The western most driveway connection along West
Midway Road shall be restricted to a right turn
in/right turn out access only. Driveway access shall
be constructed in such a manner as tà preclude the
ability to make left turn movements in or out of
this driveway.
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b.) The eastern most driveway connection along West
Midway Road shall be restricted to a right turn
in/right turn out access only. Driveway access shall
be constructed in such a manner as to preclude the
ability to make left turn movements in or out of
this driveway_
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7.) Jorgenson Road Access Points (west property line):
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a.) Any driveway connection to Jorgenson Road is
prohibited.
PEDESTRIAN ACCESS AND SAFETY IMPROVEMENTS
8.) In conjunction with the required roadway alterations
to West Midway Road and South 25th Street, the developer
shall provide for the construction of sidewalks the
length of this development site. Said sidewalks shall be
constructed within the public right-of-way in this area
and shall include that portion of the right-of-way in
front of the 1.5 acre out parcel site at the southeast
corner of this site that was once a part of the· original
development tract. .
REQUIREMENT FOR ADDITIONAL TRAFFIC REVIEW
9.) unless building permits for the entirety of this
. project,· ·out parcels included, are secured by December
11, 1993, a new traffic impact analysis will be required.
The provisions of this condition are consistent with the
representations made for this project'~completion in
the traffic impact analysis submitted with this
development plan. Should this analysis find that off-site
impacts are expected to occur, the Board of County
commissioners may at its option, impose .. any reasonable
limiting conditions requiring the developers of this
project to address those impacts.
.. LANDSCAPING·· AND BUFFERING:
10.) In addition to all minimum landscaping and
screening requirements that this project is subject to,
final construction plans shall include provisions for the
construction of a three (3) foot (minimum) earthen berm
along the north and west property lines. Along this berm
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there shall be required to be planted vegetation, a
minimum of five (5) feet high at the time of planting,
providing for a continuous uninterrupted landscape screen
the length of these property lines. All ve~etation shall
be planted in accordance with minimum St. Lucie County
Standards.
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In the event that a berm higher than three (3)
provided, all vegetation required along this
must still meet the minimum five foot height at
of planting.
feet is
perimeter
the -time
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All required landscaping shall be irrigated with an
automatic irrigation system to ensure plant health.
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ADJACENT PROPERTY DRAINAGE
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11.) Prior to the issuance of any building permits for
any portion of this project, the developers shall provide
to St. Lucie County an easement allowing the use of the
perimeter outfall ditch for roadway and associated
drainage purposes along Jorgenson Road. This ease~ent
is to also allow for the transmission of any waters to
the lawful point of outfall for this property.
REQUIREMENT FOR PLATTING
12. ) Prior - to thedivision of this property,
applicable .. portions of the St. Lucie County's
Development Code (Plat Filing regulations) must
complied with.
all
Land
be
B. The property on which this development will
place is described as follows:
take
SEE ATTACHED EXHIBIT A
C. This site plan shall expire on December 11, 1991,
unless a building permit is issued· or a site plan
approval extension granted in accordance with Section
11.02.06, st. Lucie County Land Development Code. Any
request for extension shall be subject to the applicable
concurrency review test(s) as called for in the County's
Land Development Regulations.
D. The conditions set forth in Section A are an
integral nonseverable part of the site plan approval
granted by this resolution. If any condition set forth
in Section A is determined to be invalid or unenforceable
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for any reason and the developer declines to comply
voluntarily with that condition, the site plan approval
granted by this resolution shall become null and void.
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E. This approval is of a conceptual site plan and
shall become final upon submission of detailed building
and landscape plans. Such plans shall comply with all
applicable County ordinances, regulations, and
requirements, and shall include written verification-from
the public or private utility intending to serve the
project that sufficient capacity exists,
water/wastewater, in that utility system to meet the
demands of that development. In the event of a private
utility, this statement of verification must be
accompanied by a concurring statement from the -Florida
Department of Environmental Regulation.
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F. A copy of this resolution shall be attached to the
site plan drawings described in Section A, which plan
shall be on file with the st. Lucie County Community
Development Director.
After motion and second, the vote on this resolution was
as follows:
Chairman Havert Fenn
AYE
Vice- Chairman Jim Minix
AYE
Commissioner R. Dale Trefe1ner
AYE
Commissioner Judy CUlpepper
AYE
Commissioner Jack Krieger
AYE
PASSED AND DULY ADOPTED this 11th day of December, 1990.
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BOARD OF COUNTY COMMISSIOÑEk~):¿;~~'1{f' ':[<>~
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ST. LUCIE COUNTY, FLORIDA -...:: ./~:,. " ·,",.it.~-:"vjl~-· -':;;.-,:
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BY
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ATTEST:
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DE U7Y CLERK
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APPROVED AS TO FORM AND
CORRECTNESS:
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EXHIBIT A
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WE NCRTH ONE-HALF OF THE SOUTHEAST ONE--{;(]ARTER Of THE NORTHEAST ONE--(1JARTER
OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, EXCEPTING ALL RIGHTS-Of-WAY
fOR pUBLIC ROADS AND DRAINAGE CANALS. SAID PARCEL ALSO BEING REFERRED TO AS,
Lars 82 & 83, WHITE CITY SUBDIVISION, AS RECX>RDED IN PLAT BOOK 1, PAGE 23,
pUBLIC R.EX:ORDS OF ST. WCIE muNTY, FLORIDA.
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TCX;ETEER WITH:
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THE SOOTH ONE-HALF OF THE SOUTHEAST ONE--{;(]ARTER OF THE NORTHEAST ONE-QUARTER
OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, EXCEPTING ALL RIGHTS-OF-wAY
FOR PUBLIC ROADS AND DRAINAGE CANl\LS. SAID PARCEL ALSO BEING REFERRED TO AS
Lar 97, WHITE crT.{ SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 23, ?UBLTC
RECORDS OF ST. WCIE muNTY, FLORIDA.
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LESS AND EXCEPT THE FOLLOWING:
OJr-f1ENCE AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; SAID illRNER
BEING ALSO A POINT ON THE EASTERLY RIGHT-OF-wAY LINE œ JORGENSEN ROAD (A
..iø-.øø FOOT RlGHT-{)F~Y); THENCE S ØOll' 29" E, A DrsrANCE OF 1296.9í FEET TO A
R:>ím- Otf TilE NORTH RIGIiT-oF-wA.Y LINE OF MIDWAY ROAD (STATE ROAD 712) SAID
POINT - BEING- ALSO---6Ø. Ø0 FEET NORTH OF THE CENTERLINE OF SAID ROAD; THEOCE N
:89050 · 27" E ALONG SAID_ RIGHT"-oF-HAY LINE, A DISTANCE - OF 899.93 FEET TO THE
ronn-OF.BEGINNING; !l'HENCE N Ø034,'08_" W, A DISTANCE OF 2Øø.øØ FEET; THENCE N
890s0'27" E, A- DISTANcE OF 326.7Ø-..:.FEET TO" THÈ_ WEST RIGBT-Œ-wAY LINE, OF SOUTH,
25TH STREET: THENCE-'S 0°l.S 105"- -E- ALONG SAID_ RIGHT-oF--wJ LINE, A DISTANCE OF
i~0~Ø~f FEET MeRE OR-Ì..Ess'TO Tmf'AFOREMENTIONED NORTH RIGHT~~LINE OF MID-
WÀY-ROAÎ>; SAID roINT BeING 73~éø~FEET, ~ OF THE CENTERLINE 'OF SOUTH 25TH
STREET' AND 60'~ øø FEET NORTH, OF THE CENTERLINE OF SAID MIDWiY ROAD;' THENCE S
-890S0 ' 27" W ALONG SAID· NORTH RIGHT-Ge-whY LINE·, OF MIDWAY ROAD A DISTANCE -OF
3~S: 59 _ FEET W THE roI~ OF BEGINNING,-- GONTÁINI~G 1. 5Ø AŒ.ES, MœE OR LESS.
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EXHIBIT
Midway Sq. Dev. Agreement
Adopted 9/13/94
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RHODES HOLDINGS, INC.
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Plaza Center
251A Royal Palm Way
Suite 300
Palm Beach, FL 33480-4319
(407) 659-5400
Fax (407) 659-5671
..¡... COMMUNITY DEVElOPMENT
" .. SI LUCIE CO.. Fl
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September 12, 1994
Mr. Terry Virta
County Development Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34982
Dear Mr. Virta:
We have reviewed the proposed Developerfs Agreement, and would like to address the
possibility that we proceed with first phase development while the County is still
considering some architectural guidelines for the Midway corridor but has not yet forrnaI1y
adopted them. In that case we will bring our architectural plans in for informal review by
County Staff for general consistency with the architectural guidelines being considered.
~~efjlY
~~~~
PRlsal
cc: County Com,missioners
County Attorney Dan McIntyre
County Administrator Tom Kindred
Dan Harrell, Esq.