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HomeMy WebLinkAbout2009 International Airport Business Park C09 -ai-Of ::L PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT This Proportionate Fair Share and Road Impact Fee Credit Agreement (hereinafter "Agreement") is made and entered into this 6th day of January, 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter "County") and INTERNATIONAL AIRPORT BUISNESS PARK OF ST. LUCIE COUNTY, LLC, a Florida limited liability company C'hereinafter Developer"). WITNESSETH WHEREAS, the Board of County Commissioners has established by Ordinance No. 06-047 the Proportionate Fair Share Program as required by and in a manner consistent with Section 163.3180(16), Florida Statutes; and WHEREAS, the Proportionate Fair Share Program allows developers under certain conditions to proceed with development notwithstanding a failure of transportation concurrency, by contributing their proportionate fair share of a transportation facility; and WHEREAS, the County has determined that the Developer's proposed project is eligible for the Proportionate Fair Share Program; and WHEREAS, in order to conform to the requirements of this Program, the County and the Developer agree to the conditions, rights and obligations established in this Agreement; and WHEREAS, the Proportionate Fair Share Program provides credits against road impact fees for proportionate fair share contributions; and WHEREAS, the County's adopted Road Impact Fee Ordinance provides credits for the provision of non-site related improvements on those roadways that are a part of the County's Road Impact Fee Eligibility network. NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows: Section 1. RECITALS The above recitals are true and correct and form a part of this Agreement. Section 2. PROJECT IDENTIFICATION The proposed Project is located on the property described in Exhibit "A" attached and is known as International Airport Business Park, as originally approved by Resolution 05-149 and extended by Resolution No. 07-125 and by Resolution 09-003. , , PSl:47553:1 JAN 0 ~ lGG9 Section 3. PROPORTIONATE FAIR SHARE The required road improvements that triggered application of the Proportionate Fair Share Program are intersection improvements at Kings Highway and St. Lucie Boulevard, which improvements are scheduled for construction in 2012 according to the Five Year Road Program and the Capital Improvement Element of the Comprehensive Plan and which are part of the County's Road Impact Fee Eligibility network. The total cost of the improvements identified herein is Three Million Dollars ($3,000,000.00) and the Developer's proportionate fair share cost, based on the methodology set forth in Section 5.07.D.3, St. Lucie County Land Development Code ("LDC"), is Eleven Thousand Seventy Dollars ($11,070.00). In consideration for providing the Proportionate Fair Share as described above, the Developer shall receive a certificate of capacity, subject to the following conditions: A. If the Developer fails to apply for a development permit (including but not limited to a vegetation removal permit or building permit) within twelve months of the date of this Agreement, or fails to obtain an extension in accordance with any applicable provisions of the LOC, then this Agreement, and the certificate of capacity approval. shall be considered null and void, and the applicant shall be required to reapply. B. Any requested change to a development order may be subject to the additional Proportionate Fair Share contributions to the extent the change generates additionaL traffic that would require mitigation. C. If the Proportionate Fair Share contribution is cash payment, such payment is due in full no later than sixty (60) days after the approval of this Agreement. Said payment shall be non-refundable, unless the International Airport Business Park site plan is formally abandoned or expires and the funds paid for the proportionate fair share contribution, including any impact fee credits, have not been used for their intended purpose and no development has occurred on the proposed Project site. Section 4. ROAD IMPACT FEE CREDIT Upon payment of the Proportionate Fair Share contribution, Developer is entitled to and is hereby awarded, a credit against road impact fees in the total amount of Eleven Thousand Seventy Dollars ($11,070.00) which credit is limited soLely to the Property described in Exhibit "At). The Credit is not transferable to any other property and may only be applied against road impact fees for development on the Property described in Exhibit HAlt. Section 5. GOVERNING LAW This Agreement and the rights and obligations created hereunder shaU be interpreted, construed and enforced in accordance with the laws of the United States PSL:47553:1 and the State of Florida. If any litigation should be brought in connection with this Agreement, venue shall lie in St. Lucie County, Florida. Section 6. ATTORNEYS' FEES AND COSTS The parties hereto agree that in the event it becomes necessary for either party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms and provisions of this Agreement, each party in such litigation shall bear its own costs and expenses incurred and expended in connection therewith including, but not limited to, reasonable attorneys' fees and court costs through all trial and appellate levels. Section 7. SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. Section 8. AGREEMENT This Agreement contains the entire agreement between the parties. No rights, duties or obligations of the parties shall be created unless specifically set forth in this Agreement. Section 9. AMENDMENT No modification or amendment of this Agreement shall be of any legal force or effect unless it is in writing and executed by both parties. All amendments must comply with the requirements of Section 5.07.F.8, LDC. Section 10. BINDING AGREEMENT This Agreement shall inure to the benefit of and shall bind the parties, their heirs, successors and assigns. Section 11. ASSIGNMENT This Agreement may be assigned by the Developer to its successors in interest. Developer may aSSign all or part of the impact fee credit set forth in Section 4 above to its successors in interest to be used only for development on the property described in Exhibit "A". Within thirty (30) days of any assignment under this Agreement, Developer shall provide notice of such assignment to the County as set forth in Section 13 below, and all the terms and conditions set forth herein shall inure to the benefit of and shall bind all future assignees to the extent of such assignment. PSl:47553:1 Section 12. WAIVER Failure to enforce any provision of this Agreement by either party shall not be considered a waiver of the right to later enforce that or any provision of this Agreement. Section 13. NOTICES Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, .or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Fl34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Developer: International Airport Business Park of St. Lucie County, LLC Attn: Gabriel Volante c/o Twin Oil Company 15300 NW ~ Avenue Miami, FL 33169-6287 With a copy to County's Legal Representative: Noreen S. Dreyer, Esq. Ruden, McClosky, Smith, Schuster a Russell,P.A. 145 NW Central Park Plaza Port St. Lucie, FL 34986 Section 14. EFFECTIVE DATE; EXPIRATION OF CERTIFICATE OF CAPACITY The effective date of this Agreement shall be January 6, 2009. The Certificate of Capacity issued pursuant to this Agreement shall expire on the same date that Resolution No. 09-003 expires. Section 15. COUNTERPARTS This Agreement may be executed by the parties in any number of counterparts, each of which shall be deemed to be an original, and aU of which shall be deemed to be on and the same Agreement. PSl:47553:1 IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA PSL:47553:1 ;iJ?,)cf~~ CHAIRMAN ?A~~D INTERNATIONAL AIRPORT BUSINESS PARK OF ST. LUCIE COUNTY, LLC, a Florida limited l~ ,/ B" ~~Lzj- Gabriel Volante 1111..E: Manager EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 THROUGH 18, BLOCK 37, Of SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE NORTH % OF VACATED HAWTHORNE ROAD RIGHT-OF-WAY ADJACENT ON THE SOUTH OF LOT 18 - LESS THE NORTH 30 fEET OF LOT 1 AND LESS THE EAST 3 FEET OF LOTS 1 THROUGH 18 FOR ROAD RIGHT-Of-WAY AND THE EAST 3 FEET OF THE VACATED RIGHT-OF-WAY FOR HAWTI-:IORNE AVENUE. TOGETHER WITH: LOT 1, BLOCK 15A, OF SAN LUCIE PLAZA UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 57, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE SOUTH % Of VACATED HAWTHORNE ROAD RIGHT-Of-WAY ADJACENT ON THE NORTH Of LOT 1 - LESS THE EAST 3 FEET OF LOT 1 AND THE EAST 3 fEET Of THE VACATED RIGHT-Of-WAY FOR HAWTHORNE AVENUE. (TAX ID#'S: 1428-702-0634-000/5 AND 1428-702-0232-000/7) PSl:47553:1