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HomeMy WebLinkAboutOceanic Transportation, Inc..~ PROPORTIONATE FAIR SHARE AND ROAD IMPACT FEE CREDIT AGREEMENT This Proportionate Fair Share and Road Impact Fee Credit A reement (hereinafter "Agreement") is made and entered into this ~. day of ~ , 2010, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and OCEANIC TRANSPORTATION, INC., a Florida limited liability company ("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 afailure 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 Rond Impact Fee Ordinance provides credits for the provision of non-site related improvements on those roadways that are n 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 ns follows: 1. Recitals. The above recitals are true and correct and form a part of this Agreement S:\ATTY\AGREEMNT\Vegn Prop Fair Share.wpd ~1- JOSEPH E. $MITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 8 3gg7108 0426/2010 at 02:43 P-N RECOBp NG~ PAGE 2429 - 2435 p~ Tye: qGR 561.00 2. Project Identification. The proposed Project is located on the property described in Exhibit "A"attached and is known ns Oceanic Transportation, Inc., as originally approved by Resolution 6M-09-014. Proportionate Fnir Share. The required road improvements that triggered application of the Proportionate Fair Share Program are intersection improvements nt Kings Highway and Orange Avenue intersection. The total cost of the improvements identified herein is eleven million two hundred fifty thousand ($11,250,000) dollars 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 six thousand eight hundred fourteen and 05/100 ($6,814.05) dollars. In consideration for providing the Proportionate Fnir 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 the 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 sub ject to the additional Proportionate Fnir Share contribution to the extent the change generates additional traffic that would require mitigation. C. If the Proportionate Fnir 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. 4. Road Impact Fee Credit. Upon payment of the Proportionate Fair Share contribution, Developer is entitled to and is hereby awarded, n credit against road impact fees in the total amount of Six thousand eight hundred fourteen and O1/100 ($6,814.05) dollars, which credit is limited solely to the Property described in Exhibit "A." The Credit is not transferable to any other property and 5~\ATTY\AGREEMNT\Vega Prop Fair Shore.wpd -2- may only be applied against road impact fees for development on the Property described in Exhibit "A." 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 and the State of Florida. If any litigation should be brought in connection with this Agreement, venue shall lie in St. Lucie County, Florida. 6. Attorn~s' Fees and Costs. The parties hereto agree that in the event it becomes necessary for either party to defend or institute legal proceedings ns 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. 7. Severnbility. 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. 8. Aareement. 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. 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. AI amendments must comply with the requirements of Section 5.07.F.8, LDC. 10. Binding Agreement. This Agreement shall inure to the benefit of and shall bind to parties, their heirs, successors and assigns. 5~\ATTY\AGREEMNT\Vego Prop Fair Share.wpd "3- 11. Assignment. This Agreement may be assigned by the Developer to its successor 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 ns 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. 12. Waiver. Failure to enforce any provision of this Agreement by either party shall not be considered a waiver of the right to Inter enforce that or any provision of this Agreement. 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, Florida 34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 As to Developer: Oceanic Transportation, Inc. ATTN: Jose Frank Vega 3523 NW 116'h Street Miami, Florida 33167 With n copy to Developer's Legal Representative: 5~\ATTY\A6REEMNT\Vega Prop Fair Shore.wpd -4" 14. Effective Date. Expiration of Certificate of Capacity The effective date of this Agreement shall be ~ Y+ a U. The Certificate of Capacity issued pursuant to this Agreement shall expire on the same dote that Resolution No. 6M-09-014 expires. 15. Counterparts. This Agreement may be executed by the parties in any number of counterparts, each of which shall be deemed to bean original, and all of which shall be deemed to be one ahd the same Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on tKe dote and year first above written. ATTEST: Deputy Clerk ~~~`i ~~~~'~ ~~~~ ~ ~ ~ ~~ ~. -~ : a~ ,~. ;.r ~,~~ :: ~~, t ~~ T _ ,.~ ,- ~d 5:\ATTY\AGREEMNT\Vega Prop Fair Share.wpd -~J- BOARD OF COUNTY,COII ST. LUCIE CO . ' Fri ~ - L~c~ nv. t irman APPROVE~AS TO FORM. AND COR ECTNESS: /l --~ JOSE FRANK VEGA BY: TITLE: MARIA C. VELA r TITLE: ,; f.. ~'. ~^; LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHWEST'/. OF THE NORTHEAST'/. OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING NORTH OF ORANGE AVENUE EXTENSION (STATE ROAD 68) AND EAST OF THE N.S.L. R.W.C. DISTRICT CANAL NO. 57, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK "C" CARBOY INDUSTRIAL PARK -UNIT ONE, ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA AND A POINT LYING 350.01 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST %. OF THE NORTHEAST %. OF SASID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST; THENCE NORTH 89 DEGREES, 14 MINUTES, 39 SECONDS WEST*, PARALLEL WITH SAID NORTH LINE OF SOUTHWEST %4 OF THE NORTHEAST %. OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, A DISTANCE OF 674.38 FEET, TO THE EAST LINE OF SAID SOUTHWEST '/. OF THE NORTHEAST '/. OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST; THENCE SOUTH 00 DEGREES, 02 MINUTES, 05 SECONDS EAST ALONG SAID EAST LINE A DISTANCE OF 396.61 FEET, TO THE NORTH LINE OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 469, AT PAGE 39, OF THE PUBLIC RECORDS, OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES, 56 MINUTES, 45 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 536.69 FEET, TO THE EAST LINE OF TRACT "B" (STORMWATER MANAGEMENT), OF SAID CARBOY INDUSTRIAL PARK -UNIT ONE; THENCE NORTH 00 DEGREES, 02 MINUTES, 05 SECONDS WEST ALONG SAID EAST LINE A DISTANCE OF 154.18 FEET TO THE NORTHEAST CORNER OF SAID TRACT "B" A DISTANCE OF 141.09 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK "C", A DISTANCE OF 250.00 FEET RETURNING TO THE POINT OF BEGINNING. TOGETHER WITH: LOT 1, BLOCK "C" ACCORDING TO THE PLAT OF CARBOY INDUSTRIAL PARK -UNIT ONE. BOTH PARCELS CONTAINING 6.473 ACRES, MORE OR LESS