HomeMy WebLinkAbout09-004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
8rpy ie. fWD
E flY.
~'r1j
&. Sur 'fJ/C (
P (t-fY)
rnt13
FIn.
Fl'le
RESOLUTION NO. 09-004
FILE NO.: BCC 620081496
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 330346101/23/2009 at 04:20 PM
OR BOOK 3054 PAGE 240 - 248 Doc Type' RESO
RECORDING: $78.00 .
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL OF A
PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT
AGREEMENT FOR TRANSPORTATION FACILITIES TO SERVE THE
PROJECT KNOWN AS INTERNATIONAL AIRPORT BUSINESS PARK.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT
1. International Airport Business Park. LLC requested a Major Site Plan approval for
the project to known as International Airport Business Park consisting of 27,570
square feet of flexible business/industrial space and a 2,400 square foot
convenience store and service station, for property located at the southwest corner
of the intersection of St. Lucie Boulevard and Cayuga Avenue in the IL (Industrial,
Light) zoning district for the property described in Part B of Resolution NO.09-003.
2. The Development Review Committee has reviewed the Major Site Plan for the
proposed project and found it to meet all technical requirements and to be
consistent with the future land use maps of the St. Lucie County Comprehensive
Plan, subject to the conditions set forth in Part A of this Resolution. The proposed
project is consistent with the general purpose, goals, objectives and standards of
the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie County.
3. On January 6, 2009, the St. Lucie County Board of County Commissioners held
a public hearing, of which due public notice was published and mailed to all
property owners within 500 feet at least 10 days prior to the hearing, and granted
approval for an additional twelve (12) month Major Final Site Plan Extension for
the project known as International Airport Business Park.
4. On January 6, 2009, this Board adopted Resolution No. 09-003 granting
(approval/denial) for an additional twelve (12) month Major Final Site Plan
Extension for the International Airport Business Park which required a
Proportionate Fair Share Agreement as a Condition of Approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The Proportionate Fair Share and Road Impact Fee Credit Agreement, as shown
in "Exhibit A" attached hereto and made a part hereof, is approved under
Resolution No. 09-004, and does not change or alter any other conditions of
approval or requirements of Resolution No. 09-003.
File No: Bee 620081496
January 6, 2009
Resolution No. 09-004
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
B. The St. Lucie County Growth Management Director is hereby authorized and
directed to cause the notation of this resolution to be made on the Official Zoning
Map of St. Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
C. A copy of this resolution shall be attached to the site plan drawings described in
Section A of Resolution No. 09-003 which plan shall be placed on file with the St.
Lucie County Growth Management Director.
D. This resolution shall be recorded in the Public Records of St. Lucie County. The
recording of this resolution does not authorize the commencement of anyon-site
development activities without obtaining such further development permits as
may be required. All applicable conditions of approval as set forth above, and all
applicable code requirements must be met to satisfaction of the County before
final site construction permits are issued.
After motion and second, the vote on this resolution was as follows:
Chair
Paula Lewis
AYE
Charles Grande
AYE
Vice-Chair
Commissioner Chris Dzadovsky
AYE
Commissioner Doug Coward
AYE
Commissioner Chris Craft
AYE
PASSED AND DULY ADOPTED this 6th day of January, 2009.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
yt~)~
Chairman
BY
ATTEST
File No: Bee 620081496
January 6, 2009
Resolution No. 09-004
Page 2
1
2
3
4
5
6
7
8
9
10 Exhibit A
11
12 Proportionate
13 Fair Share
14 Agreement
15
16
17
18
19
20
21
22
23
24
25
26
27
File No: Bee 620081496
January 6, 2009
Resolution No. 09-004
Page 3
PROPORTIONATE FAIR SHARE
AND
ROAD IMPACT FEE CREDIT AGREEMENT
This Proportionate Fair Share and Road Impact Fee Credit Agreement
(hereinafter HAgreement") 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 HCounty") and INTERNATIONAL AIRPORT BUISNESS PARK OF ST. LUCIE
COUNTY, LLC, a Florida limited liability company (Hhereinafter 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 HA"
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: luu9
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 5.07.0.3, 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 LDC, 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 "A". 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 44A".
Section 5. GOVERNING LAW
This Agreement and the rights and obligations created hereunder shall 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, LOC.
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 7th Avenue
Miami, FL 33169.6287
With a copy to Countts Legal Representative:
Noreen S. Dreyer, Esq.
Ruden, McClosky, Smith, Schuster Ii 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 all 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.
ATTEST:
r\
/'-~
'1--';-1
,/ ;, f
)G./kl )
1tr ~/ i - (I
,,' ---!.. , ,
~ ~c<--<~/e-L~/ J
PSL:47553:1
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
~J!,) ~~Ct'~
CHAIRMAN
INTERNATIONAL AIRPORT BUSINESS PARK OF
ST. LUCIE COUNTY, LLC, a Florida Limited
Liabil4ity c. m ny . / , .
1, # . /)~{~ 'f-
BY:.-~' {t?
Gabriel Volante
TITLE: 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 HAWTHORNE
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