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HomeMy WebLinkAbout2004-001 St. Andrews Club -:, . \...oIJp 1'-'1 'cð,'.' , -"[I Yì. (Yìt'0 " 18,rw¡taIJJ~~k,1n(. 'Pú)"/) 1:J,L RtF 04-001 2 3 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN 4 ST. LUCIE COUNTY, FLORIDA AND ST. ANDREWS 5 CLUB INC., IN CONSIDERATION FOR THE 6 CONSTRUCTION OF A PORTION OF SELVITZ ROAD 7 LYING IN THE CITY PORT ST. LUCIE ADJACENT TO 8 THE ST. ANDREWS COUNTRY CLUB DEVELOPMENT. 9 10 11 THIS AGREEMENT is made and entered into as of this 6th day of JanUary ,2004.. by and 12 between ST, LUCIE COUNty, FLORIDA, a political subdivision of the State of Florida, hereinafter 13 referred to as "St. Lucie County" and ST. ANDREWS CLUB., INC., hereinafter referred to as "St. 14 Andrews". 15 16 WITNESSETH 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, St. Andrews has provided for a portion of the construction of Selvitz Road from Peachtree Boulevard to Parkway Elementary School (the "Construction"), and WHEREAS, the Construction by St. Andrews for, and of, Selvitz Road provides for excess roadway capacity that is above and beyond the impacts generated by the St. Andrews Club Development, and WHEREAS, the City of Port St. Lucie required the Construction by St. Andrews in a development order (City Ordinance 01-19); and WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Ordinance," which imposes impact fees relating to public transportation facilities; and WHEREAS, Section 1-17-33.1 of the Code of Ordinances of St. Lucie County provides for credits for the dedication of non-site related road right-of-way and construction on those roadways that are a part of St. Lucie County's Roads Impact Fee Eligibility network; and, WHEREAS, the Construction required for Selvitiz Road is part of St. Lucie County's Roads Impact Fee Eligibility network; and WHEREAS, based on the provisions of the Section 1-17-33.1 of the Code of Ordinances of S1. Lucie Road Impact Fee Credit Agreement Final í2 ~J~ 7ð ' C6, tJ+-4/ SEP 1 '7 RIF-04-001 Page 1 :::u ." c..., m r--' c::J n t--':Do Clmz ï z Cl. Z ITl mc Cl.:3 :I: .. t::Tc:::J am r +:0- ï 3: ,..:Do ,...... Z 0" - , l'.J a c...J c-:¡ +:0- lD r (.J11Tl 0J :::u ,......,......;;><::; ,...... --0 .. c::J a c::J ." --0 :::u -I tl:l :I: c::J ITl c::J ;:>";: C""J 1-4 ,...... :::u --0 C""J +:0- c: c...jl-4 -I -0 :D c-:¡ ülCJ lTle :::u (",.3-1 +:0- -.:¡ I U'I (J. :Do 1-4 :z -I r c: C""J 1-4 ITl o c::J c: :z:: -I -< 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ---12-- 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 County, the amount that is eligible for consideration of road impact fee credit is: $1,117,416 WHEREAS, St. Andrews and St. Lucie County are desirous of establishing an agreement concerning the amount of credit that St. Andrews shall be entitled to for the construction associated with Selvitz Road from Peachtree "Boulevard to Parkway Elementary School. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: ion 1. Inçorporation by Reference. Section 2. Section 3. The above recitals are true and correct and are made a part of this Agreement by reference. Cl :::0 to Cl Cl :;:oc::: Amount of Credit ....... ..0 .¡:::... 0J -0 ::r> en (T1 1':1 .¡:::... -..::J CJ". St. Andrews is entitled to a credit against Road Impact Fees in the amount of One Million, One Hundred Seventeen Thousand, Four Hundred And Sixteen ($ 1,117,416) dollars under the criteria set forth in Section 1-17-33.1 of the Code of Ordinances of St. Lucie County for the property and improvements located on the parcel legally described in the attached Exhibit A. Limitation of Credit. The credit established by this Agreement is limited solely to the property legally described in Exhibit B and is not transferable to any other property owned by St. Andrews in St. Lucie County. The credit may only be applied against Road Impact Fees and shall not be transferable as a credit against other impact fees imposed for purposes other than roads. Road Impact Fee Credit Agreement Final RIF-04-001 Page 2 ¡:,. 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 Section 4. Assignability of Credit. St. Andrews may assign all or part of. the credit described in Section 2 above to its successors in title and interest. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by St. Andrews to St. Lucie County and the City of Port St. Lucie, at the address set forth below and the original assignment shaH be recorded in the public records of St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 City Manager 121 SW Port St. Lucie Blvd. Port St. Lucie, Florida 34984 with copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 City Attorney 121 SW Port St. Lucie Blvd. Port St. Lucie, Florida 34984 Section 5. Recordability of Agreement. o ::u trI o o :;:00;: ....... ...0 .po L·J "T.:l ::D m /T1 ",) .po -J -J This Agreement shaH be recorded by St. Lucie County in the public records of St. Lucie County, and shaH be binding upon St. Andrews and any successors in interest and title to the property described in Exhibit B. Section 6. Termination of Agreement. This agreement shaH be effective until all of the Road Impact Fee credits authorized under Section 2 havé been consumed through the issuance of building permits, or similar development approvals. Section 7. Requirement for Quarterly Reports. In consideration for the issuance of this Road Impact Fee Credit, St. Andrews agrees to provide to St. Lucie County and the City of Port St. Lucie a detailed written report on the use of the credit approved through this agreement. This report shaH indicate the building permit numbers, the dates of issuance of those permits and a description of the activity Road Impact Fee Credit Agreement Final RIF-04-001 Page 3 18 19 20 Signed, sealed and delivered 21 in the presence of: 22 ~~,,~~ ~Ù N rYe ,n~ . 8 d f C t C .. 23 ~.. ~.~-'.:j:\;:~.:".~.". ~.~ oar ~ oun y o..m.. ~ISSloners. ---24--- A-l-"F-ES-l+- :'Õ'/ I;, f,~\ ..~~ _ St. LUCIe CounJy¿J9rrdª-- 25 ~~! ~?;!,'\'&~ \ tf~· =:.l ~ .,;~';~:.';:;;:. . : 26 (""" ".,\.,.". ~.' 27 L.' ··!,ft····:,.../'~,"' A ~1Þ ...,.:. . . ",.1.:::.0 ..,-;o.~~.; ) /.UVI 28 . ,"'~'.. ,,::,. .... ,s BY: '/ ' 0vv . ...... ....... "\. I ." 29 . .,K'C¡f t::\,~,: :" CHAIRM N' ,., 30 ':~.'.'::, "., ." ." 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 being permitted on which the normally required road impact fee is not being paid. The first of these reports shall be due on April 1, 2004, and shall be then be due by the 15th day of the month ending each subsequent quarter. These reports shall be sent to the addresses set forth below, County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 City Manager 121 SW Port St. Lucie Blvd. Port St. Lucie, Florida 34984 with copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 City Attorney 121 SW Port St. Lucie Blvd. Port St. Lucie, Florida 34984 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. /~.. ~,., -~ "'~':I\.../ >~?,¿rP~~;":i ~ ~.,,~j,;>;;d ::'Pt!~. '. /",......J /~.h............ -- ~~¿t'--:~~)'+r?;:;: ..~ -0 :D en rn I'J .þ.. -::J a:l ..************************ Road Impact Fee Credit Final RIF 03-001 Page 4 · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ACKNOWLEDGMENT 25 --Tó-- STATE OF FLORllJK----~} 27 ) ss 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 FOR: ST. ANDREWS CLUB. INC. BY: ST. ANDREWS CLUB, INC~ GENERAL PARTNER . I Paul Rhodes, President - ******************************************* COUNTY OF ?~ CJ ::::0 r.J:I Cl Cl ::>:::: ....... --0 .po. L,J "T.J ::D en ITl r-,,:¡ .po. -::J --0 BEFORE ME, the undersigned authority personally appeared ~1'lIIIlt.- and is authorized to sign and execute the above Agreement and that the representations above stated are true and c.orrect to the best of his knowledge, information, and belief. SWORN TO AND SUBSCRIBED before me this (Q ~ day of ~~ ' 20 CJ--) . ~~aritv- Notary ubl1c State of Florida at Large " ;.j " {ú . Gh=l(;iALt,üiA;:¡-Y:iú.--¡-¡ 1_ <: \Tì c~.... SALl. Y A LAflSO>l - ':::' 'q ,p ÇV (ì '-', ~\, ffiíf ~ ,. COMMISSION NUMBER I:' '~~-9r'; 00065427 :' (\;"";~ o~':' f.: v COMMISSION EXFIRES :! -.....-,.. ..~' ~~:~,='=::=-._---:,.-:.:SEI~?~3Q.05_,:c.._ My Commission Expires: Road Impact Fee Credit Final RIF 04-001 Page 5 2 3 4 5 6 7 8 9 10 11 1. 12 13 2. 14 15 3. 16 17 18 19 20 21 22 23 24 -------------- 25 26 27 28 29 30 31 32 33 34 35 36 EXHIBIT "A" Legal Description Selvtiz Road St. Andrews Golf Club Plat, Plat Book 38, Pages 4, 4a through 4e, St. Lucie County, Florida Peachtree Place Plat, Plat Book 41, Pages 11 and 11 a, St. Lucie County, Florida Deed from St. Andrews Park, OR Book 1435 Page 179, St. Lucie County, Florida, described as: Beginning At The Intersection Of The East Line Of The Plat Of "St. Andrews Golf Club", As Recorded In Plat Book 38, At Pages 4, 4a Through 4f, Of The Public Records Of St. Lucie County, Florida And The South Right-Of-Way Line Of The Canal C-105, Referred To As Parcel "B' Of Exhibit "C-1", As Recorded In Official Record Book 754, At Page 807, Of The Public Records Of St. Lucie County, Florida; Thence South 890 59' 38" East, Along The Said South Right-Of-Way Line, A Distance Of 100.00 Feet; Thence South 000 23' 57" East, Along A Line 100.00 Feet East Of As Measured At Right Angles To And Parallel With The Said East Line Of Said Plat, A Distance Of 729.97 Feet; Thence South 890 24' 24" West A Distance Of 100.00 Feet To The East Line Of Said Plat; Thence North OOu 23' 57" West, Along I he Easrtìlíe-Orsatd-Plar A Distance Of L731.00 Feet To The Point Of Beginning. CONTAINING 1.677 ACRES, MORE OR LESS ************************** Road Impact Fee Credit Final RIF 04-001 Page 6 Cl ::0 J;J:I Cl Cl :;:><:: ~ ...0 . :::o. 0J -0 ::D en ITl ".J . :::o. o:J o 3 4 5 6 7 8 9 10 11 1 2 EXHIBIT "B" Legal Description 51. Andrews Country Club (attached) Road Impact Fee Credit Final RIF 04-001 Page 7 CJ :;;0 ttl CJ CJ ;;>e:: ...... -.0 .p.. L.J -0 :I> en rn "j .p.. OJ ...... EXHIBIT "A" DESCRIPTION Eastern Portion A portion 01 land lying in Sections 8. 17 and 18. Township 35 Soulh. Range 40 Eosl, St. Lucie County. Florida. ~einq bounded os follows: .'- On the North by the South line of Conel 104 os recorded in Official ,~ecords Book 635 at Page 2636 of lhe Public Records or SL Lucie County. F'lorida. lhe Weslerly right-of-way line 01 SELVlTZ ROAD (in Section 8) and the Southerly right-ol-way line 01 PEACHTREE BOULEVARD, both as ,hown on the Plot of F'lRSï REPLA T IN PORT ST. LUCIE SECTION FORTY EIGHT os recorded in Plot Book 25 at Poge 2J of the Pubiic Records of 51. Lucie County. F1orida: On the Eost by the Westerly right-or-woy fine or ST. JAMES DRIVE os recorded in Officiol Records Book 255 at Page 2017 of the Public Records of Sl. Lucie County. F'lorida: On the South by the North right-of-way line 01 the Florida Pòwer &: Light Company property. in said Sections 1 ì and lB. os recorded in Official Records Sook 198 at Page 1040 of the Public Records of Sl. Luci~ Counly, Florida: - AND On the We=:t by the Easterly right-of-wey line of the SUNSHINE STATë: PARKWAY LESS AND EXC:7::?ï from all the coove i"iC;h b-of-'''OY for C.:1ncl 104 ·::s r-:c:::rded in O.R. Sock 5':;5, Page 2696, ond for Conals 105 ond 1 C6 as recorded in O.R. Book 75+. Poge 807. Cl ::0 tJ:.1 o o ?'::: Said lands situate, lying and being in the Cay of Port St. Lucie, Florida. ..... ..0 .¡:::.- (A -0 ::D en rn 1'-':) .¡:::.- CD r·.::J 0150 LESS AND EXCEPTING the following: A percel of fand being a Replot of pert of Tract ~'F. of PORT ST. LUC:e: SECTION FeRTY EiGHT as recorded in Plat Book 15. Pace 41 of the Public Records. of Sl. Lucie County, florida. ond part of Section5 7, a, 17 and 18, row~shjp .36 South. Range 40 East. Cay of Port St. Lucie. St. Lucie County. Flonda, end being more particularly described a5 fallows: SEE SKETCH ATTACHED March 27, 1996 DESCRIPllON Eastern Portion Prllpored For Ct~~~;~~I~~N: CONSULTING ENGINEERS & LAND SURVEYORS 29BO SOUTH 25th STREET F"OR"f PIERCE, Ft.ORIOA .34982 (407) 464-35.37 PRINCEiON HOMES, INC. and ST. ANDREWS PARK, INC_ (DESCRIPTION EastÙn Portian con tinue:d ) - - BEGIN at the intersection 01 the E03t right-of-way line 01 the SUNSHINE STATE PARKWAY (Florido's Turnpike, Stete Rood No. 91) with the South line of the City of Port Sl. Lucie: Canol No. C-104os dedicated in Official Record Book 635. Page 2696. Public Records 01 St. Lucie County, Florida:" thence North 89'.38'5.3- Ea:!t along :laid South line, 0 dislonce of 4226,12 feel: thence Soulh 89'S7'OJ- East, a distance of 551.48 feet to 0 point 01 non-radial intersection 'Nith the West riQht-of-way line of Selvitz Rood os shown on the Plot FiRST RE?LAT IN PORT ST. LUC!E SECTION FORTY EIGHT, recorded in Plot Book 25, Page 2J, P'Jblic Records 01 51. Lucie County, Florida, !:oid point 0; intersection being on 0 curve concave to the West having a radius of 1050.00 feet and 0 centrol angle of J9'39'51": thence Southerly along said curve and right-of-way line. on ore distonce of 726.88 feet to 0 point of longency. thence South 19'J4'50- West along said riQ¡,t-or-woy line, ond the Southwe:sler1y extension thereof. 0 distance or 1.34.3,07 le~t to the beginning of 0 circular curve concave to the Southeast having 0 radius o{ 1500,00 feel and a central angle of 19'58'47-; thence Southerly along the arc of said curve, an orc distance of 523.07 feet to a point of tangency. thence SouthOO'2J'57~ East. a distance of '225.96 feet to the beginning of 0 circular curve concave to the Northeast having 0 radius of 1550.00 feet end a central angle 0110'23'10·; thence Southerly along the ore of :!aid curve, en erc distcnce of 260.97 feet to a point of tangency. thence South 10'-!-7'07- Ea::!t. 0 distance 01 491.11 feel to the n..ginning ofn ...:z-c.u1-ot"-c:uI"¥e------C-On~ove to the Northwe3!_~Clving 0 radius of 1450.00 leet cnd a central angle of 52'~6',O~: thence Southwesterly along th ore of soid c:.Jrve, an arc d;stane~ 0; 1.322.30 feel to a point 01 tangency. the1'lce South 41'29'03- 'Nest. 0 distcnèe oí 2J9.5J feet to the North right-of-....oy lin" of the F"iarida Power and Liqht Company. os recorded in OffieialRecord Sook 198. Page 1040, Public Records of Sl. Lucie County. Florida; thenco South 89-44'2""~ West along ,aid North line. a distance of 1944.11 feet to 0 point o( non-radio! in tersectlan with the said East right-or-way line of the SUNSHINE STATE PARKWAY: thence Northwesterly along sold right-of-way line. being the arc of 0 curve concave to the Southwest having a radiu:s of 7785.98 feet and 0 central angle of 2:r07·,7-. an arc distance of .3141.98 feet to a point of tangency. thenc= North 2...·00·'2· We~l. a di~tance of 3093.JO feet to the POINT OF. BECINNING. olso LESS AND EXCEPTING A .100 foot ....ide strip or land porallel with, Eost of and adjacent to those Easterly lines of the obov!!. described Lus And Excepted parcel lying North of the Florida Power and Light Company right-of-way and South of Peachtree . Boulevard os shown of said FIRST REPL.-\ r IN PORT ST. LUCIE Së:CTION FORTY EIGHT. . Cl :::0 t.J:l C) Cl ::><: ~ ...0 .po (..oJ '"lJ D en rrI J"..J .p. en (...J = March 27. 1996 DESCRIPTION Eastern Portion Prepared F'ar (( f~~~:~~~~~N: CONSULTING ENGINEERS &: LAND SURVEYORS 2980 SOUTH 25th STREET FOR T, PIERCE, FLORIDA 34982 (407) 464-J5:57 PRINCETON HOMES, INC. and ST. ANDREWS P ARK, INC. OR BOOK 1943 PAGE 2484 - .. '" II' ~I~ \ "'0 ;¡~ ~I~ I%'a: o 1200 2<00 I """ M7\.AT IN ""'011I1 sr. lUO( Scal. I,. r..1 \ .L6_i :J¡- - ( I I __ - ..- I I I I ~----- I I I I I I I ( l------ lB· I S8S'S7'OJ-E . . \ \, ",. I\~ ., å" 2JïJ7" 7- '\ R .. 7785.98' \ L .. o3104'.9B' . . .., 'i , ~ \ ~ .. a T IWN51411" J& SOU'IW a... _ S41'29'O,J-W ;zJg.SJ~· 1 / ~ / ~ , I JO.99 Auu.t r- , , ;' , S89'U·2"·W 19"....11· . I~' --~. . -- ;. I ". . ~ KIOf __TAll( \. ~o" I'0Wût AHDUOH C~_T ¡ "'-' UIC:J (DIrõ~'" A.......d 8_ 1911. 1'.... IO.o ~ L wt:SïERN~ LEASTERN~ PORTION PORTION Morch 27, 1996 SKETCH OF DESCRIPTION Not A Survey Pr."ar.d ro, and (ICULPEPPER . - U-TERPEN/N G.INC, CONSULTING ENGINEERS & LAND SURVEYORS 29BO SOUTH 251h STREE:"T rOR T PIERCE, FLORIDA .34982 (4'07) 4604-J5.)7 'RINCETON HOMES. INC. T. ANDREWS PARK. INC.