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Home My WebLink AboutDVA-04-002 Orange Avenue Commercial Development JOANNE HOLMAN. CLERK OF THE CIRCUIT COURT Sþ''!T LUCIE COUNTY F;, 250610211/29/2004 al10:48 AM 0" _")oK 2100 PAGE 1959 - 1976 Doc Type' AGR RECORDING: $154,50 . DV A-04-002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND RESPECTING A PROJECT KNOWN AS ORANGE AVENUE COMMERCIAL DEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this 15th day of November, 2004, by and between the St. Lucie County Board of County Commissioners (the "County") and Smigiel Partners IX, Ltd., a limited partnership (the "Developer") for the purpose of establishing and binding the development rights of the Developer for certain real property located within the unincorporated area of St. Lucie County, Florida, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"). This Agreement is also entered into by the County and the Developer for the purpose of providing assurances to the Developer that it may proceed with the development of the Property in accordance with existing laws and policies subject to the conditions of this Agreement; and, insuring that this Agreement is in compliance with applicable provisions of Sections 163.3220 through 163.3243, Florida Statutes (2004) and the St. Lucie County Comprehensive Plan. RECITALS WHEREAS, Developer is the legal and equitable owner of those certain properties of land identified as Parcel S-I, Parcel S-2 and Parcel S-3 totaling 34 acres located on the south side of Orange Avenue, l,4 mile east of Hartman Road, within the boundaries ofthe County, the descriptions of which are attached hereto and made a part hereof as Exhibit "A" (hereinafter collectively the Parcels shall be known as the "Property"); and WHEREAS, the intent of the Florida Local Government Development Agreement Act (the "Act") is explicitly stated in Section 163.3220, Florida Statutes (2004), which provides in pertinent part as follows: (2) The Legislature finds and declares that: a) The lack of certainty in the approval of development can result in a waste of economic and land resources, discourage sound capital investment planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning. b) Assurance to a developer that upon receipt of its development permit it may proceed with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development. (3) In conformity with, in furtherance of, and to implement the Local Government Comprehensive Planning and Land Development Regulation Act and the Florida State Comprehensive Planning Act of 1972, it is the intent of the Legislature to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. (4) This intent is affected by authorizing local governments to enter into development agreements, subject to the procedures and requirements of ss. 163.3220- I 63.3243. (5) Sections 163.3220-163.3243 shall be regarded as supplemental and additional to the powers conferred upon local governments by other laws and shall not be regarded as in derogation of any powers now existing. WHEREAS, Section 11.08.00 of the S1. Lucie County Land Development Code specifically empowers the County to enter into development agreements with developers to facilitate the orderly development ofreal property in St. Lucie County; and WHEREAS, the Developer wishes to construct a commercial development, as more specifically depicted on the Orange Avenue Commercial Site Plan, attached hereto and incorporated herein by reference as Exhibit B ("Site Plan"); and WHEREAS, the Developer has submitted a letter of authorization to the County signed by the owner of the Property, attached hereto and incorporated herein by reference as Exhibit C ("Agent Authorization Letter"); and WHEREAS, the Property possesses desirable and requisite characteristics to accommodate the Orange A venue Commercial Development; and WHEREAS, the Orange Avenue Commercial Development may be constructed in phases over a period of years; therefore, the Developer is desirous of entering into a contractual agreement with the County to memorialize an agreement regarding its development rights with regard to the Property; and WHEREAS, it is in the best interests of the County and the citizens of the County that the development of the Property be completed in a planned and orderly fashion giving consideration to the subjects addressed by this Agreement; and / WHEREAS, the Developer and the County have agreed upon terms and conditions relating to the development of the Property, development rights, and benefits to the County and the citizens of the County which are acceptable to the Developer and acceptable to the County such that the Developer and the County have deemed it appropriate that the terms and conditions of their agreement be reduced to written form; and WHEREAS, the benefits to the County as a result of entering into this Agreement are unique to the particular circumstances of this Agreement; and WHEREAS, the Act provides a means for the Developer and the County to document the assurances sought by each and commitment to the terms and obligations of this Agreement; and WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes (2003), this Board held a public hearing on the petition, after publishing notice at least seven (7) days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least fifteen (15) days prior to the hearing of its intent to consider this proposed development and announced its intent to hold a second public hearing on this matter on November 15, 2004. WHEREAS, pursuant to the requirements of Section 163.3225, Florida Statutes (2003), this Board held the second public hearing on the petition, after publishing notice at least seven (7) days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property at least fifteen (15) days prior to the hearing of its intent to consider this proposed development. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the Developer and the County enter into this Development Agreement and do hereby agree as follows: Section 1: Recitals. The foregoing recitals are true, correct and incorporated herein by reference. Section 2: Intent. It is the intent of the Developer and the County that this agreement shall be adopted in conformity with the Act and that this Agreement should be construed and implemented so as to effectuate the purposes and intent of the Act. Section 3: Legal Description of the Propertv. An accurate legal description of the Property subject to the terms and conditions of this Agreement is attached hereto as Exhibit A, and incorporated herein by reference. Section 4: Effective Date and Duration of Agreement. The duration of this Agreement shall be ten (10) years commencing with the effective date of this Agreement. This Agreement shall not become effective until tbirty (30) days after delivery of this fully executed and recorded copy of this Agreement to the Florida Department of Community Affairs. The duration of this Agreement may be extended as provided for in the Act. Section 5: Land Use and Zoning Designation The future land use designation of the property described in Exhibit "A" is COM (Commercial). The zoning designation of the property described in Exhibit "A" is CG (Commercial General). Section 6: Permitted Development Uses and Building Intensities and Height It is the intent of this agreement to provide for the development vesting of specific land use entitlements that will permit the development of this property described in Exhibit "A" in the following manner. A. Site Plan for Development. Attached hereto and incorporated herein as Exhibit B is the Site Plan for the Orange Avenue Commercial Development depicting the proposed areas of development, the respective types of development to be constructed on the Property and the buffers of the development on the perimeter of the Property. The parties understand and agree that the attached Site Plan establishes the maximum building density for the Orange Avenue Commercial Development as well as the minimum landscaping and wetland buffers for the perimeter; however it does not obligate the Developer to a specific location or density within any particular area depicted on the Site Plan so long as development on the Property is otherwise consistent with Site Plan and the provisions of this Agreement. For purposes ofthis Agreement, it is agreed that the Site Plan accurately depicts the type and density of development to be constructed on the Property. Parcel S-l 4.93 acres Those uses and activities as identified under the permitted use category of Section 3.0l.03(S) (2) of the S1. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Those use and activities as identified under the accessory use category of Section 3.01.03(S) (8) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Those use and activities as identified under the accessory use category of Section 3.01.03(S) (7) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Total Square Footage permitted on this parcel Maximum Building Height 60 feet. General Parcel Size Possible Permitted Uses Possible Accessory Uses Possible Conditional Uses 40,000 square feet. Maximum Building Coverage Building Setbacks Front Side Side Comer Rear 2.3 acres Those uses and activities as identified under the permitted use category of Section 3.01.03(S) (2) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Those use and activities as identified under the accessory use category of Section 3.01.03(S) (8) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Those use and activities as identified under the accessory use category of Section 3.01.03(S) (7) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Total Square Footage permitted on this parcel Maximum Building Height 60 feet. Maximum Building Coverage 50% of site Building Setbacks Front Side Side Comer Rear Parcel S-2 General Parcel Size Possible Permitted Uses Possible Accessory Uses Possible Conditional Uses Parcel S-3 General Parcel Size Possible Permitted Uses Possible Accessory Uses 25 feet 10 feet 20 feet 20 feet 25 feet 10 feet 20 feet 20 feet 50% of site 20,000 square feet. 26.9 acres Those uses and activities as identified under the permitted use category of Section 3.01.03(S) (2) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Those use and activities as identified' under the accessory use category of Section 3.01.03(S) (8) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Those use and activities as identified under the accessory use category of Section 3.01.03(S) (7) of the St. Lucie County Land Development Code, at the time of adoption of this Agreement shall be permitted. Total Square Footage permitted on this parcel Maximum Building Height 60 feet. Maximum Building Coverage 50% of site Building Setbacks Front Side Side Corner Rear Possible Conditional Uses 270,000 square feet. 25 feet 10 feet 20 feet 20 feet B. Building Heights and Intensities Except as otherwise provided herein, the maximum heights and intensities of buildings constructed on the Property shall be as provided in the Section 3.01.03(S) (3) and (4) of the St. Lucie County Land Development Code. C. Property Conceptual Plan The County agrees that Developer may develop the Property substantially consistent with the attached Property Conceptual Plan which at the minimum indicates the relationship to surrounding parcels; building locations; automobile parking areas; out parcel locations, the location of the required retention area comprised if approximately 4.4 acres located on Parcel S-3 on the Eastern Boundary together with a wall and landscape area adjacent to the adjoining residential property; the location of the proposed access to the proposed Bent Creek development to the south of the Property, and; access from Orange Avenue. Section 7 Public Facilities Concurrency The Developer will supply adequate public utility facilities and services to serve the Orange Avenue Commercial Development concurrent with the impact creating the need for such services, including, but not limited to, potable water distribution, wastewater collection and solid waste disposal. The Developer will work with all necessary governmental entities, including Ft. Pierce Utility Authority, to ensure that utilization of the constructed utility system will not adversely impact those utility customers adjacent to the Orange A venue Commercial Development. The Developer will obtain all necessary governmental approvals and permits prior to utilization of any potable water or , wastewater collection utility system constructed by Developer. 1. Potable Water Distribution. Drinking water for the Orange Avenue Commercial Development will be supplied by the Fort Pierce Utility Authority (FPUA). The Developer will construct or cause to be constructed all necessary potable water service infrastructure within the project. It is the intention of the Developer that up6n construction of such potable water service infrastructure, the infrastructure will be ultimately owned and maintained by the FPUA. Water service will be available to each area of the project in adequate volume prior to improvements being constructed in each particular phase of development. 2. Wastewater Collection. Wastewater collection and treatment services for the Orange Avenue Commercial Development will be provided by the Fort Pierce Utility Authority (FPUA). The Developer will construct or cause to be constructed all wastewater collection infrastructure within the project. It is the intention of the Developer that upon construction of such wastewater collection infrastructure, the infrastructure will be ultimately owned and maintained by the FPUA. Wastewater collection service will be available in adequate capacity prior to construction of improvements in each particular phase of development. 3. Solid Waste Disposal. There will be no particular improvements or facilities required for solid waste collection within that portion of the Orange Avenue Commercial Development comprised of a commercial/retail uses. The Developer intends to construct an industrial size compactor facility to service the solid waste disposal needs of the commercial residential units. Section 8 Traffic Concurrency Based upon the intensities of development currently permitted under the CG (Commercial General) zoning district, the Property can property be·developed for uses generating up to 36,579 Average Daily Trips (ADT's). Access to the Property shall be from Orange Avenue and Bent Creek. Developer has proposed to mitigate the ADT's generated by the proposed development of the Property on affected roadway segments by installing individual right out and right in access points at those certain intersections subject to applicable permits ("Traffic Mitigation Improvements"). The County agrees that the Property may be developed for uses permitted in the CG (Commercial General) zoning district which generate up to 15,000 ADT's consistent with the proposed site plan and traffic impact study and the County's Concurrency management requirements, provided that the Traffic Mitigation Improvements are completed prior to, and as a condition for, the issuance ofthe first certificate of occupancy for development of the Property. The parties understand and agree that all roads located within the Orange Avenue Commercial Development will be designed and constructed at the expense of the Developer, subject to receipt of all required governmental approvals. The parties further understand and agree that all sidewalks and roads located within the Orange A venue Commercial Development shall be owned and maintained by the Orange A venue Commercial Development Developer. Those traffic improvements constructed by the Developer pursuant to this Agreement which are located outside of the Orange Avenue Commercial Development shall ultimately be dedicated to the County for its ownership and maintenance. Section 9 Landscaping The landscaping for the Orange A venue Commercial Development will be as depicted on the Site Plan, to the extent possible. The Developer acknowledges that all landscaping must be completed in accordance with the applicable provisions of the St. Lucie County Land Development Code. Section 10 Stormwater Treatment Facilities. The stormwater treatment facilities for the Orange Avenue Commercial Development will be constructed as depicted on the Site Plan. All stormwater runoff and drainage system improvements within the project will be: (1) designed and constructed to County standards; (2) treated to minimum South Florida Water Management District water quality standards; (3) constructed or caused to be constructed by the Developer; and (4) maintained by the Developer of the Orange Avenue Commercial Development or his assigns. The County will not be responsible for any construction or maintenance costs associated with the stormwater drainage system within the Orange A venue Commercial Development. The system will be designed and constructed so that there will be no outflow onto adjacent properties and will be designed to protect adjacent surface waters by use of best management practices and other innovative techniques. Section 11: Reservation or Dedication of Land Developer shall not be required to reserve or dedicate land in connection with the development of the Property. Section 12 Local Development Permits All development permits approved or requiring approval by the County for development of the Property shall be issued by the County in accordance with County regulations, including but not limited to, the Comprehensive Plan, the Land Use Code, and the County Code of Ordinances. The Parties agree that such County regulations that are in existence and effect on the date of the execution of this Agreement will control and establish the density, intensity, bulk, height, setback, and the land uses and structures allowed to be developed on the property under this agreement. The parties agree that the developer will be required to comply with building codes in effect at the time of development approvals. The developer shall pay all fees and costs imposed by the County, including impact fees in existence at the time of building permit. The developer will pay all required fees and costs imposed by the County including impact fees as set by local code in existence at the time of building permits. Section 13: Other Development Approvals. The Developer acknowledges and agrees that it may need permits and authorizations from other state and federal agencies which are outside the scope of this Agreement. Section 14: Consistency with Comprehensive Plan and Land Development Code. The County and Developer agree that the Orange Avenue Commercial Development, as contemplated by this Agreement and depicted on the attached Site Plan, is consistent with the goals, objectives, and policies of the Comprehensive Plan. The Parties further agree that the Orange Avenue Commercial Development is consistent with the applicable development regulations in effect at the time of the execution of this Agreement, including, but not limited to, the applicable zoning district use regulations prescribed by the St. Lucie County Land Development Code. By execution hereof, the County acknowledges and agrees that this particular Agreement will encourage proper use of the Property, promote economic use ofland resources of the County, provide for public facilitie1) and use, and encourage private participation in the comprehensive planning process. The County acknowledges and agrees that it is exercising its sound discretion in this instance by entering into this Agreement to achieve mutual benefits that are particular and unique to the circumstances underlying this Agreement. This agreement shall in no way establish a precedent, or bind the County to grant similar approvals to third persons. Section 15: Necessity of Complying with Local Regulations Relative to Permits. The County and the Developer agree that the failure of this Agreement to address a particular County, State or Federal permit, condition fee, term or restriction in effect on the effective date of this Agreement shall not relieve Developer of the necessity of complying with said County, State or Federal regulation, governing said permitting requirements, conditions, fees, terms or restrictions. Section 16: Remedies. If the Developer or the County fails to carry out any of its covenants herein contained, the County and the Developer shall be entitled to all remedies available at law or in equity including, without limitations, the remedy of prohibitive injunction. None of these remedies shall be deemed exclusive of one another, or exchlsive of any other remedy which the Court having jurisdiction deems appropriate. Such remedies shall be granted either singularly, or in combination, to the extent necessary to achieve the intent of this Agreement. Section 17: Binding Effect. The obligations imposed pursuant to this Agreement upon the Developer and upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns, and a copy of this Agreement shall be recorded among the Public Records of St. Lucie County, Florida, upon execution of this Agreement. Section 18: General Provisions. A. Nothing herein is intended to preclude the County from exercising its proper police powers to protect the health, welfare, and safety of the public. B. This Agreement shall be binding upon, and inure to the benefit of, all heirs, successors and assigns of the parties hereto. C. Any notices required to be given or elected to be given by either of the parties pursuant to the terms of this agreement shall be deemed effective provided when placed in the United States Mail, certified return receipt requested, or placed in the hands of an overnight delivery service. As to the Developer: Smigiel Partners IX Attn: Mr. Gary Smigiel P. O. Box 540623 Lake Worth, Florida 33454 With a Copy to: Alan Gabriel Katz, Barron, Squitero & Faust 100 N.E. 3rd Avenue, Suite 280 Ft. Lauderdale, Florida 33301 As to the County: St. Lucie County Board of County Commissioners Attn: Chairperson 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 And a copy to: St. Lucie County Attorneys' Office Attn: Daniel S. McIntyre, Esq. 2300 Virginia Avenue Ft. Pierce, Florida 34982 D. This Agreement constitutes the complete and exclusive statement of agreement between the parties with respect to the subject matter described. This Agreement also supersedes all prior written and oral statements; no representation, statement, condition, or warranty not contained in this Agreement has any force or effect. E. This Agreement and the rights of the parties hereunder are governed by, interpreted, and enforced in accordance with the laws of the State of Florida. F. Common nouns and pronouns refer to the singular and plural. Any reference to statutes or laws will include all amendments, modifications, or replacements of the specific sections and provisions concerned. G. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. H. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision is fully severable. Upon such event, this Agreement is to be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement will remain in full force and effect. I. This Agreement is made solely and specifically among and for the benefit of the parties hereto and their respective successors and assigns; no other person has or will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. 1. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute and original, and such counterparts together shall constitute on and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. K. This Agreement shall be recorded in the Public Records of St. Lucie County, Florida by the developer within fourteen (14) days of its final execution by the Chair of the County Commission. A copy shall be delivered by the County to the State of Florida Department of Community Affairs within fourteen (14) calendar days after the Agreement is recorded in the Public Records. L. This Agreement will be effective thirty (30) days after it is received by the state land planning agency of the State of Florida. M. This Agreement may be amended only by a subsequent written instrument entered into and executed by the parties pursuant to the procedures and requirements of the Act. [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK] Signed, sealed and delivered in the presence of: SMIGIEL PARTNERS, IX, LTD. BY GARY SMIGIEL, L.e. IT'S GENERAL PARTNER d4a-.oLt~ M. S~ f-\ L ~)c ~t'\Jr'l M. S M (. lj!.ß/ (Print Name of Witness) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ð?3 r~fNovember, 2004, by Mr. Gcv-~~ e~ \ who is personally known to me to be the persoIl 0 r described in and who exe ed the foregoing instrument as ~ M.,~t1Q."'o"T" SMIGIEL PARTNERS, IX, LTD., a corporation organized under the of the State of Florida and authorized to transact business in the State of Florida. He has acknowledged before me that he executed the foregoing instrument as such office in the name and on behalf of the corporation. ublic, State of Florida \ \ My Commission Expires: ~ \ 0 0 <š "....11." DAWN V. GIlMORE !m"~~Y ~l&~~Notary PubIk: . State of FIodda ª . . ¡Mfc:... II , Mlolfllpllll,tug lo.2ŒI \~~ ill Coqlmilllon tI 0034531' I~#"W.~"'" Iond8d IV NaIonaI '**-Y A8n. Signed, sealed and delivered ST. LUCIE COUNTY BOARD OF ç¿;:ce~:~:,~ ~:~?æ;~~ ' :-" 4\S'~;\. Chairperson .~'" '. . /Jl,/~~ );-hi~.¢-f4.'/7--?1. \.<:\)",\"\'\.0J, ~ "" (Print Name ofWi\r.1.·.: ~~) ;'.;; ~"":.;'\ }'~~'1 .!C·~A ,'::/~:Tl"~ {\ t~ 'OM':;,'¡ L~ ¡,:'.':.' :.~. :: =~ :' ,'; . /'.9 ""':"":, ~~-~,/~\. \r- ,'... ..-...">. "-.' ,: ,. , , I I '\.. ~\4. .J. ~~~"i.' ':>. .../,' ;~"'»~,::~/'l as to correctn~~ ):~' ?rin:J I:: )~f" \:<,,:,,~' <¡ . :::.'~: ",,/~' \l, ~ .") \. ~ ..~.....'. ' "':~'O: . ",,:1..:. . ....~·t.,;· .-..;..,JI ltJ C,; ,;... ';''It' ,"- . -,...' . ',';' -\'1 .-, ".,¡. t ' ....JL;;.;;:;,¿1j;;,,·;¡:' \,~ I' ",;{?'_/~'"O;)' ~,.~~~~,. ._ ~~.~J--'£' .\' ~~ .~~~~. ~ "'\ ~, STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing ~trument was acknowledged before me this /5Mdayof November, 2004 by utA /). L£lJIJ ,as Chairperson of the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, on behalf of the Board, who is personally known to me. (SEAL) ~ C -Jv.-~t1~~1~~~'~'~:'lfll'" Notary Public, State of Florida #' CJ~~'~;iššlôiÿ'~~Oó' M C " E' ..... ç:¡~:o ~-t.. ~ Y omnnSSlOn xplres: ~ ...>..(JJ."'~ er.?~",~'" ;: ~ :ooif~ ~~~ ª :*: -.... :*: ~ ~~. #00041992 ::!<:§ ~:;A... ,,,f;j~ ~"1>.t-"'~~~ ..' ~$ ~/.~Ú8···~·····Õ~~~· "'1/ lie STþ.í'é. """ IIIII/i" 1111\\\\\ EXHIBIT "A" Oranee Ave Commercial PUD LeeaI Description 3 PARCELS OF LAND LYING IN PORTIONS OF THE SOUTH HALF (S Y2) OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, , FLORIDA. MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: PARCEL S-l (LYING IN THE SOUTHWEST QUARTER (SW 1;4) OF SAID SECTION 7) COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1;4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1;4) OF SECTION 7, A DISTANCE OF 3346.98 FEET TO THE WEST LINE OF THE EAST HALF (E Y2) OF THE EAST Y2) OF THE SOUTHWEST (SW 1;4) OF SECTION 7, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE 00°15' 12" E ALONG SAID WEST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF- WAY LINE OF ORANGE A VENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT NO. 94070-2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSAY INC. DATED 07/03/02, SAID RIGHT-OF-WA Y LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE SOUTHWEST QUARTER (SW 1;4) OF SAID SECTION 7; SAID POINT ALSO BEING THE POINT OF BEGINNING OF PARCEL S-l; THENCE S 00°15'12" E ALONG THE SAID WEST LINE, A DISTANCE OF 357.57 FEET; THENCE N 89°43'35" E, A DISTANCE OF 610.47 FEET TO A POINT ON THE WEST LINE OF NORTHERN SAINT LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 29; THENCE N 00° 17' 48" E. ALONG SAID WEST RIGHT -OF- WAY LINE, A DISTANCE OF 604.93 FEET TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE OF STATE ROAD 68 AS PER THE AFOREMENTIONED FLORIDA D,O.T. RIGHT-OF-WAY MAPS; THENCE N 77°21 '41" W, A DISTANCE OF 37.66 FEET; THENCE S 89°42'05" W, A DISTANCE OF 223,05 FEET; THENCE S 79°37'04" W, ADISTANCE OF 63.48 FEET; THENCE S 88°25'55" W, A DISTANCE OF 101.71 FEET; THENCE S 89°42'05" W, A DISTANCE OF 126.10 FEET; THENCE N 76°14'44" W, A DISTANCE OF 55.00 FEET; THENCE S 89°42'05" W, A DISTANCE OF 7.26 FEET TO THE POINT OF BEGINNING. THE PREVIOUS 7 COURSES BEING CONTIGUOUS WITH THE SOUTH RIGHT- OF- WAY LINE OF STATE ROAD 68. CONTAINING 4,927 ACRES, MORE OR LESS. Plus PARCEL S-2 (LYING IN THE SOUTHEAST QUARTER (SE IA) OF SAID SECTION 7) COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST CORNER (SE IA) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE IA) OF SECTION 7, A DISTANCE OF 2349.55 FEET; THENCE SOUTH 00°13'49" EAST, A DISTANCE OF 46.50 FEET TO A POINT OF INTERSECTION OF THE SOUTH RIGHT-OF- WAY LINE OF STATE ROAD 68, SAID POINT ALSO BEING THE POINT OF BEGINNING. THENCE S 00°13'49" W, A DISTANCE OF 615.99 FEET; THENCE NORTH 89°42'43" E, A DISTANCE OF 285.12 FEET TO A POINT ON THE EAST LINE OF NORTHERN SAINT LUCIE WATER CONTROL DISTRICT CANAL NO. 29 RIGHT- OF-WAY; THENCE N 00°17'48" E, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 597.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 68; THENCE N 84°14'17" E, A DISTANCE OF 80.86 FEET; THENCE NO 89°42'05" E. A DISTANCE OF 85.35 FEET; THENCE N 65°43'50" E, A DISTANCE OF 25.60 FEET; THENCE N 89°42'05" E, A DISTANCE OF 95.65 FEET TO THE POINT OF BEGINNING. THE PREVIOUS 4 COURSES BEING CONTIGUOUS WITH THE SOUTH LINE OF STATE ROAD 68. CONTAINING 2.30 ACRES, MORE OR LESS. Plus PARCEL S-3 (LYING IN THE SOUTHEAST QUARTER (SE IA) OF SAID SECTION 7) COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE 1;4) OF SAID SECTION 7; THENCE SOUTH 89°42'05" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE IA) OF SECTION 7, A DISTANCE OF 1006.95 FEET TO THE EAST LINE OF THE WEST HALF (W Yz) OF THE WEST HALF (W Yz) OF THE NORTHEAST QUARTER (NE IA) OF THE SOUTHEAST QUARTER (SE IA) OF SAID SECTION 7; THENCE SOUTH 00°02'10" EAST ALONG SAID EAST LINE, A DISTANCE OF 49.07 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT -OF- WAY LINE' OF ORANGE A VENUE (STATE ROAD NO. 68), AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, STATE PROJECT 94070-2505 (UNRECORDED), MAP AS PREPARED BY BETSY LINDSA Y INe. DATED 07/03/02, SAID RIGHT -OF- WAY LINE BEING PARALLEL WITH AND 49.07 FEET SOUTH OF, AS MEASURED AT RIGHTANGLES TO THE NORTH LINE OF THE SOUTHEAST QUARTER (SE IA) OF SAID SECTION 7; SAID POINT ALSO BEING THE POINT OF BEGINNING OF PARCEL S-3; THENèE SOUTH 00°02' 10" EAST ALONG THE SAID EAST LINE, A DISTANCE OF 1000.01 FEET; THENCE S 89°42'05" W, DEPARTING SAID EAST SECTIONAL BREAKDOWN LINE, A DISTANCE OF 1179.03 FEET; THENCE N 00011 '49" E, A DISTANCE OF 1000.04 FEET TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE FOR STATE ROAD 68, SAID RIGHT-OF-WAY LINE AS PER THE ADDITIONAL RIGHT-OF- WAY SKETCH AS PREPARED BY BETSEY LINDSAY, INe. FOR FLORIDA D.O.T., W.P.I. NO. 4119208, SECTION 940705-2505 DATED 7/3/02; THENCE N 89042'05" E, A DISTANCE OF 177.96 FEET; THENCE S 76059'02" E, A DISTANCE OF 51.28 FEET; THENCE N 89042'05" E, A DISTANCE OF 394.68 FEET; THENCE N 74045' 14" E, A DISTANCE OF 45.79 FEET; THENCE N 89042'05" E, A DISTANCE OF 508.19 FEET TO THE POINT OF BEGINNING. THE PREVIOUS 5 COURSES BEING CONTIGUOUS WITH THE AFOREMENTIONED SOUTH RIGHT-OF-WA Y FOR STATE ROAD 68. CONTAINING 26.90 ACRES, MORE OR LESS. ~,. ~~~ "", ti ::c ¡ ..':_' ~ i¡.: . ~.. . i ~~ UOld eftS NO' 'JIIBJd OPIJO/d Æuno:J d!:>n1lS If)~J.J,awwo:J aav a8utJ.J,Q ~'~I~; ,¡ .. i a I . ;d "..,'1 , ;; il t : 1· .. i ~llj I ~ ~ ']'l:r ~~: ....... :.."co...,.... i..~\..; .~....,. 0:' i..lf":; i ~:'I~~~ â;=~~:~~- . · Ê: il' ( I. I' II: , ~ I: !ï: I J~ LI 'rJ I · ~\"J I : :11: I I , . nH ~ ~..I.l ~ Ó ~ ' ~ ~I ".".}:-" ..,~.... .~ ..... i_ I.. ".; "....."11 .......: ....; ..., _.;"'11'" ~..... ---h-- J--- *i . ,.:1¡ - "f. !. :,1 ',' . , . , . If II it " ~~... m II I: I _'" ~ ¡~ f S .~ ~:.\r : If. d I:'~ : ~. . ! ..~ ~ ~'~ J,', .\:1 r· ~I J .~·,,;~.:,·;lt I 'f .;~·:=s~ ~¡~ ~ 11, "'UUl.Ill,. ~".e , I H 0 " f~--I " ~r! I .¡ii' I ~I ~:~È · I r '?! 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C':Ylt-i;- .. õ.... a.. _. ...'~. .~ i~~lt .... ...: ':I ........ ,.;....ep.... -.. ...; H~i H~j u " fD~~:š~. ~l~t § ~.F' ~ t.1!¿ e ... ~ " t ~ e .. e .. e ~ ". ( ~ ~ ~ ~¡ rr ~ ~ I ~" ":31'¡; ¡.,¡/f ~/ . ... ~ B ...H ....~..i Hn Hn Hn~i L t r f¡: )'J~ 11h rW !' : 1 ~: ~1. ir, d'!, i'~;, H ~.I ~j~:~ . 'l.l f '0 ,¡ ~ l~ 1; i I .,. , I :! !¡ ~ !îí, . ¡'J. p., I!lh ~.;;~ !~)H L .¡¡! ¡ti, : U :1 h~'~H r;'Hi r ~ ~~; ~ ': i ft·. I J .t ~ t .1!'1:· ~ ' ¡'.' J Il :r'l ~ ;fljif!rH~ìiH!;!~ln ¡: "'- ""- ~ ~ <Oi ª .' QI '" ~ c: o Q: ~ ù5 o ,~ .E ..:::: ~ 0..: : 1 i I ! ! : Ii ;:; t. ¡ . t l f·, ¡. . " . 'I tl : 'I' II t: 1{H; t;~ ! ' ;, ., I . "I drll I ¡"' I ,l.l''' I . I" ,I '¡!: "cll:.~~ II! :{i t . ~;¡:H~ ~; ¡IJq. f~r; n:p :.: ~IJ~¡:!ti ~~í:¡n :1 i~I!¡:~¡,il::¡.;!;J.HI' :!!H: H¡,ipljj; it li'!I;; Q:. !llld"lJI..'.'f:" It!,ll"" i i I, n 'i) ( !.1 III j t' õ; !E .,.. " "'- a f 15 l t~ ~H d ~ ~~ ~J / ¡ 1 ¡ t ! if) 'I U n j I··S eJ' H I. !, ! ~I,e ,!" \.' 1" ft. ~ r'b i. Þ' ... H ¡~ tH. q f~ P , H d d! , ~ 1,· . ; ~ ;~};!;1 j~~r;~~~: )¡.l.j'.d , ;;"H~~ . ,Irq! ,'1:,,11" ~n~ün!!t EXHIBIT "c" LIMITE!> POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, C"".., 9aøt1l4 Ie.. do by these present as owner, hereby make, constitute and appoint Don CUozzo and/or Houston Cuozzo Group, Inc. Stuart, Florida the true and lawful attorney-in-fact for said, and in its name, place and stead, to execute and sign any and all zoning and permitting docwnents or instruments pertailÚng to the following property located in St. Lucie County, Florida. See Attached legal description as Exhibit 'A ' I, GA." ~-III" a. 7 Owner, give and grant unto said attorney-in- fact, full power and authority to do and perform any and all acts necessary on incident to the peñormance and execution of the powers herein expressly granted, with power to do and peñorm all acts authorized hereby, as fully to all intents and purposes as owners might or could do with full power of substitution and revocation, hereby ratifying an confirming all that said attorney or his sùbstitutc shaJllawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I, C.., SMI/R., c., Owner, have hereunto set my hand on this .~..... day of ':ÐI,,9A~ .2004. Sealed and delivered in the presence of: i~ 0~JJ ltness OWNER . By: Print name: L,o, }. Sc"~c.(.h Print Name: 0"-: ~~~~_ C~ I Witness Print Name: \¥\Ü~ . f:- (I~ +c:..l c.:.-.... ..:> . STATE OF FLORIDA D. JI COUNTY OF-En l.J'fCIE- f ¡.jh...... ~ J- . ~ Th ,regoing instrument:was acknowledged before me t~ day of 20 ,b ..... ) Owner of said property. , " SJ1:.ff+ ArJ .J ¡;- hi) '" S a-¡?~ Print Name ti)......N;~ Stephanie Wlnllun t: :~.\ MY COMMISSION , CC981981 EXPIRES ~: ¡ . January 1 S. 200S ... . I'OICOlD ll1R\11110YF~"INSIIR~HCE INe "