HomeMy WebLinkAboutDVA-10-001 Airport Road Development,pSEPH E. SMITH, CLERIC OF 7HE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE ~ ~~~~ 07010 at~7~ ~ Tye: AGR
OR BOOK 3210 PAGE 448 -
RECORDING: E171.50
DVA- 10-001
DEVELOPMENT AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA
AND AIRPORT ROAD DEVELOPMENT, LLC REGARDING
AIRPORT PARK OF COMMERCE MAJOR SITE PLAN
THIS DEVELO ENT AGREEMENT ("Agreement") is made and entered as of this
day of 1 , 2010, by and between the BOARD OF COUNTY
COMMISSIONERS OF T. LUCIE COUNTY, FLORIDA ("County") and AIRPORT ROAD
DEVELOPMENT, LL , a Florida limited liability company ("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
ensuring that this Agreement is in compliance with applicable provisions of Section 163.3220
through 163.3234, Florida Statutes (2009) and the St. Lucie County Comprehensive Plan
("Comp Plan").
RECITALS
WHEREAS, County and Developer recognize the following:
A. This Agreement is entered in accordance with the Florida Local Government
Development Agreement Act, Section 163.3220-163.3242, Fla. Stat. and Section
11.08.00 (Development Agreements) of the St. Lucie County Land Development
Code.
B. On June 13, 2006, Developer obtained Major Site Plan approval in Resolution No.
06-163 (the "Resolution") fora 32 lot (individually "Lot", more than one or
collectively "Lots") commercial subdivision known as Airport Park of Commerce
(the "Project") on approximately 37.85 acres of land located at 4551 St. Lucie
Boulevard, approximately one_mile west of North 25`h Street in the IL (Industrial,
Light) Zoning District. A copy of the Major Site Plan, as amended in the site plan
drawings prepared by Culpepper & Terpening Inc. and date stamped received by the
Growth Management Department on December 3, 2008, is attached hereto and
incorporated herein as Exhibit "B". Developer is now applying for an extension of
the Major Site Plan approval (the "Application").
C. Developer has submitted a letter of authorization to the County signed by the owner
of the Properly, a copy of which is attached hereto and incorporated herein as Exhibit
"C" ("Agent Authorization Letter") which authorizes the Developer to pursue the
Application and to enter into this Agreement.
D. In connection with the Application, Developer submitted an updated traffic impact
study which identifies the Project's potential traffic impacts on the intersections at
Kings Highway and St. Lucie Boulevard, and Kings Highway and Angle Road.
Given the Project's unique and exclusive situation of being (1) adjacent to the St.
Lucie International Airport, (2) a light industrial park (nonresidential) development,
(3) proposed in a time of economic challenge in which light industrial inventory
properties are essential to seed economic recovery and create jobs, (4) located in an
area zoned for economic development, (5) previously approved by the Resolution
before the implementation of the County's proportionate fair share Ordinance No. 06-
047 ("PFS Ordinance"), (6) now before the County for an extension of the approval
after the PFS Ordinance was passed, (7) located on the road segment directly leading
to, and within approximately a mile of, the impacted intersection at Kings Highway
and St. Lucie Boulevard, (8) subject to a newly created proportionate fair share
obligation of $272,351.00 to mitigate the Project's traffic impacts, the value of which
far exceeds the Project's estimated maximum road impact fees of $129,045.00, and
(9) subject also to a donation of an additional 50' of non-site related right-of--way to
St. Lucie Boulevard along the front of the Property with a value of $167,538.00,
which is also in excess of the estimated maximum road impact fees, the Developer
and County have agreed to satisfy the Project's $272,351.00 proportionate fair share
obligation by a combination of the $167,538.00 right-of--way donation and
$104,813.00 in cash as further provided herein.
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, County and Developer desire to establish by agreement the terms under
which the Property may be developed.
F. On May l 1, 2010, after County publishing notice as required by the County's Land
Development Code ("LDC") approximately seven days prior thereto, the first public
hearing was held on this Agreement. At least 15 days prior to the opening of the first
hearing, County mailed notice of intent to consider this Agreement to all property
owners as reflected on the current years' tax roll, lying within 500 feet of the Property
as required by the LDC.
G. On June 15, 2010, County held the second public hearing on this Agreement, after
publishing notice as required by the LDC, 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, as required by the LDC.
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:
June 15, 2010 2 DVA-10-001
Accuracy of Recitals.
The above recitals are true and correct.
2. Incorporation of Application Materials.
The Major Site Plan approval, as amended, the Application and all submissions by
Developer in support of such Application, including all traffic studies, are hereby
incorporated by reference into the record of the proceeding conducted by County to
review this Agreement and are hereby referred to as the "Application Materials".
3. Mandatory Provisions.
a. Legal Description and Owner.
An accurate legal description of the Property subject to the terms and conditions
of this Agreement is described in the attached Exhibit "A". Indco, LLC, a Florida
limited liability company, is the legal owner of the Property. There are no
equitable owners, other than the Developer who is under contract to purchase the
Property once all the development approvals have been obtained.
b. Effective Date and Duration.
This Agreement shall be effective on the date of its recording in the public records
of St. Lucie County or 30 days after its receipt by the Florida Department of
Community Affairs, whichever is later ("Effective Date"). This Agreement shall
expire five (5) years after the Effective Date, unless earlier terminated as provided
in Section 8 or extended as provided in Section 9.
c. Uses Densities Intensities and Height.
Attached hereto and incorporated herein as Exhibit "B" is the Major Site Plan for
the Airport Park of Commerce project depicting the proposed areas of
development and the development uses permitted on the Property. Development
of the Property shall not exceed 32 industrial/commercial lots, with the maximum
lot coverage by buildings on each Lot being voluntarily restricted to 30% rather
than the 50% allowed by the LDC, as reflected on the Minor Adjustment to the
Major Site Plan that is included in Exhibit "B"; however, Developer or any owner
of a Lot may seek adjustment of the Major Site Plan in accordance with Section
11.02.05 of the LDC without amending this Agreement so long as (1) such
adjustment does not increase the projected traffic generation for the Project as
identified in the applicable traffic studies submitted with the Application
Materials; or (2) Developer or the owner of a Lot enters into a separate agreement
with County to pay any increase in the Proportionate Fair Share, defined below,
attributable to any increase in the projected traffic generation for the Project that
June 15, 2010 3 DVA-10-001
results from any increased density on any particular Lot(s). The maximum height
for any commercial/industrial building shall not exceed fifty feet.
d. Future Land Use Map Designation.
The land use designation of the Property under the future land use element of the
Comp Plan is IND (Industrial).
e. Zonin .
"The current zoning of the Property is IL (Industrial, Light).
f. Site Plan.
The Major Site Plan approved on June 13, 2006 in Resolution No. 06-163 and
herein amended is attached as Exhibit "B". A Minor Adjustment to Major Site
Plan is hereby approved as depicted on the site plan drawings prepared by
Culpepper & Terpening Inc., dated December 1, 2005, and last revised on
December 1, 2008, and date stamp received by the Growth Management
Department on December 3, 2008. The minor adjustment restricts the maximum
building coverage from the 50% allowed by the County's Land Development
Code to a maximum building coverage of 30%.
g. Adequacy of Public Facilities.
Adequacy of public facilities is or will be met as follows:
i. Drainage:
All drainage facilities within the Project have been designed and will be
constructed to meet St. Lucie County and South Florida Water Management
District ("SFWMD") requirements. Developer has already obtained Fort Pierce
Farms Water Control District ("FPFWCD") Permit No. 06-001-026, which was
issued in January, 2008, and SFWMD Permit No. 56-02103-P, which was issued
on May 14, 2007.
ii. Potable Water:
Potable water services will be provided by the Ft. Pierce Utilities Authority
("FPUA") pursuant to a Water and Wastewater Supply Agreement (the "FPUA
Agreement").
4 DVA-10-001
June 15, 2010
iii. Sanitary Sewer:
Wastewater treatment services will be provided by the FPUA pursuant to the
FPUA Agreement.
iv. Solid Waste:
Sufficient capacity exists in the St. Lucie County Land Fill to service the demands
of the Property.
v. Parks:
Sufficient capacity exists within all required level of service categories for the
proposed number of industrial/commercial lots.
vi. Mass Transit:
There is no current transit route service programmed for the area where the
development is located.
vii. Roads:
At the time of initial Major Site Plan approval, there was sufficient road capacity
to serve the Property at the maximum densities and intensities approved in this
Agreement, pursuant to the Developer's agreement to dedicate 50' of right-of-
way along the project's boundary with St. Lucie Boulevard and to enter into a
Road Improvement Agreement for the following improvements to St. Lucie
Boulevard pursuant to the plans attached in the Application Materials:
(a) Construction of left and right turn lanes at both entrances to the
Project on St. Lucie Boulevard designed to accommodate heavy
trucks;
(b) Construction in the St. Lucie Boulevard right-of--way of five-foot bike
lanes along both sides of St. Lucie Boulevard, for the limit of the
project's frontage or the limits of construction, whichever is greater, in
accordance with St. Lucie County Public Work Standards; and
(c) Construction of six-foot sidewalk in the St. Lucie Boulevard right-of-
way along the frontage of the Property.
Additionally, the Application Materials contain an updated traffic impact study
which revealed an existing failure in the level of service for the intersection at
Kings Highway and Angle Road and apost-development failure in the level of
service for the unsignalized intersection at Kings Highway and St. Lucie
Boulevard. The updated traffic study indicates that the intersection at Kings
Highway and St. Lucie Boulevard will maintain an acceptable post-development
level of service under the condition that the flashing beacons are converted to
June 15, 2010 5 DVA-10-001
operate as a fully functional signalized intersection, which FDOT has already
completed. The failing condition of the intersection at Kings Highway and Angle
Road mandates that the Developer must mitigate the project's traffic concurrency
impacts on that intersection. Additionally, the Developer will mitigate the
project's traffic concurrency impacts on the intersection at Kings Highway and St.
Lucie Boulevard. Developer's proportionate fair share contribution to cover the
estimated project costs for the necessary improvements to the two intersections to
mitigate the traffic concurrency impacts is Two Hundred Seventy-Two Thousand
Three Hundred Fifty-One and No/100 Dollars ($272,351.00) ("Proportionate Fair
Share"). The necessary road improvements, however, are not currently included
in the County's Five-year Capital Improvements Program. Accordingly,
Developer is entering into this Agreement with the County. Pursuant to Section
5.07D.1. of the County's LDC, a developer may satisfy its proportionate fair share
obligation by paying private funds or contributing land, or some combination
thereof. Developer has chosen to satisfy its Proportionate Fair Share by donating
the additional right of way, as specified below, and by paying private funds to
satisfy the remaining portion of the Proportionate Fair Share obligation. The
donation of the additional right of way in partial satisfaction of the proportionate
fair share obligation is permitted because of the unique circumstances described
in Recital D. Accordingly, prior to the recording of the final plat associated with
the subject project in the County's public records, Developer shall pay the
Proportionate Fair Share reduced by the value of the right-of--way dedication
specified in Section 3h. of this Agreement (Developer's total payment obligation
to satisfy its Proportionate Fair Share is $104,813). Provided that Developer
meets the obligations set forth in this Agreement, County agrees that at the
density and intensity authorized by this Agreement (1) all mandatory public
facilities needed to serve the Property will be available when needed, (2) this
Agreement shall serve as a Certificate of Capacity and (3) the proposed
development of the Property shall be treated as committed development for the
purposes of concurrency.
h. Reservation or Dedication of Land.
Within 60 days after the Effective Date of this Agreement, Developer shall
dedicate fifty (50) feet along its northern boundary for additional right-of--way for
St. Lucie Boulevard. The dedication shall be in a form approved by the County
Attorney and shall be free and clear of all encumbrances. Developer, or its
successors or assigns, shall be entitled to a credit for the value of the right-of--way
dedication in the amount of One Hundred Sixty Seven Thousand Five Hundred
Thirty Eight and No/100 Dollars ($167,538.00), such credit to be applied against
Developer's Proportionate Fair Share pursuant to Section 5.07D.1. and 6. of the
County's LDC. Developer may freely assign the aforesaid credit, in whole or in
part, to any successor in interest or any one or more of the ultimate owners of any
one or more of the Lots. The credit for the right-of--way dedication shall run with
the land and may be applied against the Developer's, or its successors' or
June 15, 2010 6 DVA-10-001
assigns', proportionate fair share obligation whenever that obligation is due and
owing.
Local Development Permits.
The local development permits required for the development of the Property are:
(1) Major Site Plan approval, which was obtained on June 13, 2006 in Resolution
No. 06-163 (the "Resolution"), as amended herein. The Resolution is hereby
modified to delete the requirement in condition A 1(b) & A 1(c) that the Developer
submit sealed constructible final engineering plans to the County's Growth
Management Department, since the plans have already been reviewed and
approved by the County's Public Works Department.
(2) Regulatory Permits -The following regulatory permits are required and have
already been obtained: (a) FPFWCD Permit No. 06-001-026 was issued in
January, 2008; (b) Environmental Resource Permit from the SFWMD (Permit No.
56-02103-P was issued on May 14, 2007); and (c) a Florida Department of
Environmental Protection permit will be required. The need for other regulatory
agency permits shall be determined based upon final development plan approval.
(3) Final plat approval and recordation of said plat within the public records of St.
Lucie County, Florida shall be required prior to the sale of any lots, but in no
event later than five years after the Effective Date. The Final Plat, consistent with
the site plan, shall be submitted to the County for review and approval at least six
months prior to the expiration of this agreement.
(4) Building permits required prior to commencing building construction.
(5) A St. Lucie County Vegetation Removal Permit or Exemption shall be
required prior to initiation of site clearing/construction.
j. Responsibility for Local Development Permits.
All local development permits pursued by the Developer shall be obtained at
Developer's sole cost. In the event that a required local development permit is
not received for the Property, further development of the Property or the
improvement for which the permit is required shall not be allowed until such time
as County has reviewed the matter and determined whether or not to terminate
this Agreement or to modify it in a manner consistent with the Comp Plan.
k. Consistency with Comprehensive Plan.
County finds that the development of the Property as proposed in this Agreement
is consistent with the Comp Plan.
June 15, 2010 7 DVA-10-001
Consistenceswith the Land Development Code.
County finds that the development of the Property as proposed in this Agreement
is consistent with the LDC.
m. Compliance with Other Laws.
Failure of this Agreement to address a particular permit, condition, term, or
restriction shall not relieve Developer of the necessity of complying with the law
governing such permitting requirement, condition, term, or restriction. Any
matter or thing required to be done under existing County ordinances 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; unless Developer voluntarily
agrees to comply with the amended or modified requirement; or unless County
follows the procedures set forth in Section 163.3233, Fla. Stat. for applying
subsequently adopted laws and policies. The project must comply with the
applicable building code at the time of the application for building permits.
Future modifications to the project must be consistent with the County's Land
Development Code and the Board reserves the right to impose conditions and
requirements as necessary to protect the health, safety and welfare of the public
and citizens of St. Lucie County.
4. Environmental Resource Conditions of Approval
The Property is located within a scrub jay habitat and buffer as defined by the United
States Fish and Wildlife Service ("FWS"), and also contains habitat suitable for gopher
tortoises. The habitat for both species has been degraded by past mining operations,
however these species are known to utilize degraded habitats. County Comprehensive
Plan Policy 8.1.12.5 requires surveys in cases where site clearing activities are proposed
within the known range of endangered or threatened species or where such species are
expected to occur based upon habitat suitability and species' ranges. Accordingly, the
Environmental Resources Department ("ERD") has required, and the Developer has
agreed to the following conditions of approval:
(a) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer
shall conduct tortoise surveys in accordance with Florida Fish and Wildlife Conservation
Commission ("FWC") protocols and scrub jay surveys in accordance with FWS
protocols. A report of survey methods and results shall be provided to ERD, FWS and
FWC. If federal or state agency compliance requires modification to the approved
development plans, the Developer will promptly modify the plans and submit to the
County for review and approval as required by the LDC. The Developer will not use the
County's development approval to prevent compliance with any federal or state agency
requirements.
June 15, 2010 8 DVA-10-001
(b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall have obtained and provided the Environmental Resources Department with copies
of any required federal and state permits, including but not limited to a South Florida
Water Management District Permit. If federal or state agency compliance requires
modification to the development plans, the applicant will promptly modify the plans and
submit to St. Lucie County for review and approval as required by the LDC. The
applicant will not use the County's development approval to prevent compliance with any
federal or state agency requirements.
5. Landscaping
The landscaping will be installed as depicted on the approved Major Site Plan, as
amended. The Developer acknowledges that all landscaping must be completed in
accordance with the applicable provisions of LDC Section 7.09.00.
(a) Prior to obtaining a Vegetation Removal Permit or Exemption for each lot, a
detailed Development Plan, Tree Mitigation Plan, Landscape Plan, and associated
Improvement Agreement shall be submitted to determine compliance with LDC Sections
6.00.05 and 7.09.00. Detailed development plans may include a site plan or building plan
for the area proposed for vegetation removal, as required by the LDC. Tree mitigation
for all native trees proposed to be removed on the development parcel shall be included
and must be approved by the Environmental Resources Department prior to issuance of
the Vegetation Removal Permit or Exemption.
(b) Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant
shall finalize an Improvement Agreement acceptable to the Environmental Resources
Department (ERD) covering the cost to purchase and install all required landscaping,
irrigation, tree mitigation, tree relocation, and related improvements shown in the
approved Landscape Plan. A copy of this agreement can be obtained by visiting the St.
Lucie County ERD website at: http://www.stlucieco.org/erd/index.htm.
(c) Prior to issuance of a Vegetation Removal Permit or Exemption, the Developer
shall amend the Landscape Plan to include upland buffer plantings per LDC Section
6.02.03(F).
6. Authorization to Develop Property/Extension of Major Site Plan Approval
Developer, or its successors or assigns, may proceed to develop the Property for no more
than 32 commercial/industrial lots and the construction on those lots of
commercial/industrial buildings restricted to 30% building lot coverage on each lot,
provided such development is in compliance with all other applicable development
standards specified in the LDC. Upon the submission of plans meeting technical building
code requirements and payment of applicable fees, Developer shall receive any and all
applicable permits authorized under the Major Site Plan approval and this Agreement.
Notwithstanding the provisions of Chapter XI, Section 11.02.06B.2. of the LDC, the
Major Site Plan approval granted in Resolution No. 06-163 on June 13, 2006 as amended
June 15, 2010 9 DVA-10-001
herein is hereby extended beyond its initial expiration date of June 13, 2008, for a period
of five (5) years from the Effective Date of this Agreement.
7. Impact Fees
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
Developer or its assigns for such improvement or applicable credits applied in lieu of
payment, with such payment or application of credit to occur at the time the building
permit is issued. Nothing in this Agreement shall constitute a waiver by the Developer of
its right to apply for road impact fee credits which may be applicable pursuant to the
County Code of Ordinances. Developer, or its successors or assigns, shall be entitled to a
credit against future road impact fees, as such fees may become due over time, in the
amount of the Proportionate Fair Share, but in no event shall the County owe to
Developer a refund of any excess of the Proportionate Fair Share amount over any road
impact fees due. Developer may freely assign the aforesaid credits, in whole or in part, to
any successor in interest or any one or more of the ultimate owners of any one or more of
the Lots. The Developer's rights in connection with the impact fee credits specified in
this paragraph shall survive the termination of this Agreement.
8. Amendment Cancellation, Termination.
a. Amendment and Cancellation
This Agreement may be amended or canceled by mutual consent of the parties. Prior to
amending this Agreement, County shall hold two public hearings consistent with the
requirements of Section 11.08.02 of the LDC.
b. Termination
Notwithstanding any other provision of this Agreement, the Developer may, at any time
through the effective period of this Agreement, and at Developer's sole option, terminate
this Agreement. In the event of the termination of this Agreement then the authorization
to develop as set forth in Section 4 of this Agreement shall be forfeited, the Certificate of
Capacity shall no longer be valid, and any further application for development approval
of the Property shall be subject to all applicable standards and regulations in effect at the
time the application is filed. This provision shall not affect the right of the County to
revoke the Agreement as set out in Paragraphs 10 and 15.B of the Agreement and
Sections 11.08.08 and 11.08.09 of the LDC.
9. Term.
The term of this Agreement shall be five (5) years from its Effective Date unless earlier
terminated as provided in Section 8. This Agreement may be extended by mutual
consent of County and the Owner, subject to public hearing in accordance with Section
11.08.02 of the LDC. The term of any one (1) extension shall not exceed five (5) years.
June 15, 2010 10 DVA-10-001
10. Recordin~~Submission to the Florida Department of Community Affairs.
Within 14 days after County enters into this Agreement, the Clerk of the County 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.
11. Annual Review.
In accordance with Section 11.08.08 of the LDC, County's Planning and Development
Services Director shall review the development that is subject to this Agreement every 12
months, commencing 12 months after the Effective Date of this Agreement. The purpose
of this review shall be to determine whether Developer is in good faith compliance with
the terms of this Agreement. County shall begin the review process by giving notice, a
minimum of 30 days prior to the anniversary date for the Effective Date of this
Agreement, to 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 Major Site Plan, or in any phasing for the reporting year and for the next year.
b. If the Major Site Plan provided for phasing, a summary comparison of
development activity proposed and actually conducted for the year.
c. Identification of undeveloped tracts of land that have been sold to a
separate entity or developer.
d. An assessment of the Developer's compliance with each condition of
approval set forth in this Agreement.
e. Identification of significant local, state and federal permits which have
been obtained or which are pending by an agency, type of permit, permit 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. The report shall be submitted to
the parties to the Agreement and the State land planning agency. If the County finds on
the basis of substantial competent evidence that there has been a failure to comply with
the terms of the Agreement, the County, after giving Developer written notice of the
alleged non-compliance and a reasonable opportunity to cure same, may revoke or
modify the terms of this Agreement.
June 15, 2010 1 I DVA-10-001
12. Notices.
The parties designate the following persons as representatives to be contacted and to
receive all notices regarding this Agreement:
For County: County Administrator
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
with a copy to: County Attorney
St. Lucie County
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
For Developer: Airport Road Development, LLC
Attention: Mason Simpson, President
1736 Ocean Drive
Vero Beach, Fl 32963
with copies to: Philippe Jeck, Esq.
Jeck, Harris, Raynor & Jones, P.A.
790 Juno Ocean Walk, Suite 600
Juno Beach, FL 33408-1121
13. Successors and Assigns.
This Agreement shall be binding upon the parties and their successors and assigns. In the
event of assignment of this Agreement, the Developer shall provide notice to:
St. Lucie County Administrator
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
St. Lucie County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982-5652
14. Severability.
The invalidity of any provisions hereof shall in no way effect or invalidate the remainder
of this Agreement.
June 15, 2010 12 DVA-10-001
15. Home Rule Agreement.
If any portion of this 163 Agreement for any reason is held or declared to be voided, the
Agreement shall be determined to be a home rule developer agreement.
16. Miscellaneous Provisions.
A. Involuntary Revocation of Development Agreement. The Board may revoke this
Agreement if the Board determines through its annual review of this Agreement that the terms
and conditions of this Agreement, including all amendments or extensions thereto, have not been
complied with. Prior to any revocation of this Agreement, the Board shall hold two public
hearings consistent with the requirements of Section 11.08.02 of the LDC. At the public
hearing(s), the Developer shall be given an opportunity to rebut the determination that the
requirements of this Agreement, or any amendments thereto, have not been complied with. If the
Board determines that revocation of this Agreement is not necessary, the Board may amend the
terms of this Agreement to provide for any reasonable condition necessary to assure compliance
with the requirements of this Agreement, and any extensions or amendments thereto. Either
party or any aggrieved or adversely affected person may file an action for injunctive relief in the
Circuit Court for St. Lucie County to appeal the revocation or amendment of this Agreement.
The provisions of this paragraph requiring Board approval of any change in the Site Plan shall
survive the revocation of the Agreement.
B. 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.
C. Enforcement. The Developer, County, any aggrieved or adversely affected
person, or the state land planning agency may file an action for injunctive relief in the Circuit
Court for St. Lucie County to enforce the terms of this Agreement or to challenge compliance of
this Agreement with the provisions of the Act or Section 11.08.00 of the LDC. In the event the
Board or the Developer is required to seek enforcement of the provisions of this Agreement, the
prevailing party shall be entitled to recover from the other party all costs of such action,
including reasonable attorney's fees.
D. Headings. The headings contained in this Agreement are for convenience of
reference only and do not limit or otherwise affect in any way the meaning or interpretation of
this Agreement.
E. Pronouns. In this Agreement, the use of any gender shall be deemed to include all
genders, and the use of the singular shall include the plural, wherever it appears appropriate from
the context.
June 15,2010 13 DVA-10-001
F. Waivers. The failure or delay of any party at any time to require performance by
another party of any provision of this Agreement, even if known, will not affect the right of that
party to require performance of that provision or to exercise any right, power or remedy, and any
waiver by any party of any breach of any provision of this Agreement shall not be construed as a
waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a
waiver of any right, power or remedy under this Agreement. No notice to or demand on any
party in this case will, of itself, entitle a party to any other or further notice or demand in similar
or other circumstances, unless otherwise specified in the Agreement.
G. Assignment. This Agreement may be assigned by Developer to its legal
representatives and successors-in-interest or assigns, provided that impact fee credits are limited
to the property described in Exhibit A.
H. Binding Effect. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida, and shall be binding upon and inure to the
benefit of the parties hereto and their respective legal representatives, successors and assigns;
provided, however, Developer shall have no obligations, duties, responsibilities, or liability
under this Agreement if Developer's Project is not approved by County, or if the Project is
approved, the Developer requests the County to rescind the resolution approving the Project and
the County rescinds the resolution. Such rescission shall not be unreasonably withheld.
I. Governing Law; Venue. This Agreement shall be governed by the laws of the
State of Florida. In the event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County,
Florida, for claims under state law and the Southern District of Florida for any claims which are
justiciable in federal court.
J. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original.
K. Construction. This Agreement shall be construed as the joint and equal work
product of the parties and shall not be construed more or less favorably on account of its
preparation.
L. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties relating to the subject matter hereof and supersedes all prior agreements or
understandings made in connection with the subject matter. The Development Orders,
Development Permits, Certificate of Capacity and conditions thereon pertaining to the Property
are lawful government actions, and shall not be construed as agreements. No modification or
amendment of this Agreement shall be binding upon the parties unless the same is in writing and
signed by the party to be bound.
[Rest of page intentionally left blank -signature page follows]
June 15, 2010 14 DVA-10-001
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 resence of:
~~~ ~~ _
C far`+~s (-~ ~ yc
Print Name--,-~zTr~,~ ~.,~
Print Name f~~~'1~ ~ i'l G ~ • ~''~ G
Airport Road Development, LLC, a Florida
limited liability company
By: ~-fi~
R. M son mpson, President
STATE OF ~~A ll.-~-=
COUNTY OF ,(30~
s~
The forgoing instrument was acknowledged before this a~ day of , 2010,
by R. Mason Simpson, as President of Airport Road Development, LC, a Florida limited
liability company, who is personally known to me or has produced identification.
_~~ ~ ~ '
Notary Public, State o Rlerida ~~- `
Print Name C~c,.-/e_h ~ ~ ~~ i~~,, ~ ~`' '-
My Commission Expires• /°d>~~9; 1
~~.,~,,,~ 3 ~ av ice- i
For the purposes of demonstrating consent to this Development Agreement, but not as a party to
the obligations under this Development Agreement.
Signed, sealed, and delivered
in th sen a of:
~~~~
Cf~c-rlcs N~s~
Print Name - ~r,~ ,[, „~ ~ - „e..^,
Print Name ~`~'[~n'~ne ~ • 61'-~~c~
Indco, LLC, a Florida
limited liability company
By: ~ , I~/-~,~
R. M on mpson, President
June 15,2010 IS DVA-10-001
STATE OF BOA V~
COUNTY OF /,~~
The forgoing instrument was acknowledged before this ~/ day of , 2010,
by R. Mason Simpson, as President of Indco, LLC, a Florida limited li ility company, who is
personally known to me or has produced identification.
Notary Public, State o idler-i~~r ~-=
Print Name ~ ~/e.,.~ ~~ ~ r-,
My Commission Expires: do ~o~ z~
June 15, 2010 16 DVA-10-001
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUN'~YrFLORIDA
STATE OF FLORIDA
COUNTY OF ST. LUCIE
By:
Chairman
APPROVED AS TO FORM AND
CORREC SS / "
By:
Coun Attorneyr
The,~~o~' rgoing instrument was acknowledged before this %~day of ~,~,C,n,e_. , 2010,
b l~'lA~t,Q.~ ,~'tct~uclJC, as Chairman of the St. 1~,ucie County Board of
Y
County Commissioners, who_is personally known to me or has produced identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
~~r~'e ~~~- CHARLENE A. FURTADO
Commission # DD 895091
~~; Expires September 24, 2013
%~;pF,~`~~ Bonaed Trau Troy Fan Imixanoe eoa3asm19
June 15,2010 ~~
DVA-10-001
EXHIBIT "A"
LEGAL DESCRIPTION OF AIRPORT PARK OF COMMERCE PROPERTY
THE NORTHWEST'/4 OF THE NORTHEAST'/4 OF SECTION 31, TOWNSHIP 34
SOUTH, RANGE 40 EAST, LESS THE NORTH 98 FEET LYING IN ST. LUCIE
COUNTY, FLORIDA.
June 15, 2010 18 DVA-10-001
EXHIBIT "B"
AIRPORT PARK OF COMMERCE MAJOR SITE PLAN
}'
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June 15, 2010 19 DVA-10-001
EXHIBIT "C"
COPY OF OWNER AUTHORIZATION
9=%?7 f20?,- ' ~c R7 :SCd' "~ I l l .lr^2 ~ir•IL.IE ~+?•~tL.i k ~~Lc. ~i t 6
,lugeat 2:, coos
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heir ~L LL'^_:2 c:a,! ]y ~. rrsnrmcl
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~a; larq .acaicd al ~~51 i:t, L'JU4 Baulcraaf ("^,orrtaY~'), rm w•hi~h ,tiir}a?n ?oat
'1ev-topmcr_ t. t- ; a t• or5cta Iin,jWtJ IioJKyamtpnrq!'?h~clopor';~, tas o~euract
'vf ajar Cite Plr~ a71vm•7J iota 32 lo! :omrr:nnlal oul7divlernr icnnwn ws .Airomt ?ar i cf
i:uesnnsmc..t)et~elapcris yn+racrrldn;; an n't•,WSrt ct? $te MRjU~i Site?iat epptvvtl :n
C4nrKCtOn with t1_a _x(unced eay!nr ro:, iln~elr,prr is sret.'ing 1K elaar ins d
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trnrs ttrv?cr w>tic>h t~,c Trufkr.-r rn ~}~ is der_~ area.
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June 15, 2010 20 DVA-10-001