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HomeMy WebLinkAbout2000-001 Golf Aqua RangeOi CCO-01- JL3) J. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 j G i 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RI F 00-'001 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND OF INC, IN CONSIDERATION FOR THE .DEDICATION OF CERTAIN RIGHT-OF-WAY ALONG JENNINGS ROA THIS AGREEMENT is made and entered into as of this 18th day of , January 2000, by and S LUCIE COUNTY, NTY FLORIDA a political subdivision of the State of ereinafter referred between T. p Florida,, to as "St. Lucie County" Ind,.- T:NLUC1 INliereinafter referred to as "Golf'. W I T N E S S E T H WHEREAS, in July, 1993, "Golf' conveyed to St. Lucie County, through a deed recorded at OR Book 860, Page 1858 in the Land Records of St. Lucie County, certain property for the .widening of Jennings Road, and, WHEREAS, this dedication of right-of-way for Jennings Road was not part of the required widening of that road associated with the development of the Marketplace Shopping Center located at the southeast corner of Jennings Road and South US #1, and, WHEREAS, "St. Lucie County" has adopted a "Roads Impact Fee Ordinance," which imposes impact fees relating to public transpirtation facilities; and, WHEREAS, Section 1 -1 7-33.1 (c)(6) of the Code of Ordinances of St. Lucie County provides for credits for the dedication of non -site related road right-of-way on those roadways that are a part of the Coun4,'s Roads Impact Fee Eligibility network; and, WHEREAS, based on t e provisions of the Section 1-17-33.1(c)(6) of the Code of Ordinances of St. Lucie County, the amount that is eligible for consideration of road impact fee credit is: $ 3, 960.00 Whereas, "Golf' and "St. Lucie County" are desirous of establishing an agreement concerning the amount of credit that "Golf' sha�I be entitled to for the dedication of certain road right-of-way for the widening of Jennings Road. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto, Final Impact Fee i C'iaul� 1�' RIF 00-001 �•% ��^- � Page 1 r APR 1 12�CQ _ J EDAM nH:D 0 CID 1 �'y JCL M Cr a co r L4 r,3 y- �1" o c� Quern o � -ten �+ z o m CD 0� m1 —1 a>t-2 M o m t- s EA CD z r G n m )R BOOK 128$ PAGE 1308 to be made and 1 agreed as follows: and in consideration of the benefits to accrue to each of the parties, it is Section 1. IncorpoOtion by Reference. The abo6 recitals are true and correct and are made a part of this Agreement by reference. Section 2. Amount of Credit. "Golf' is entitled to a credit against Road Impact Fees in the amount of Three Thousand, Nine Hundred. and Sixty ($ 3,960.00) dollars under the criteria set forth in Section 1-17-33.'1(c)(5) of the Code of Ordinances of St. Lucie County for the properties legally described in the attached Exhibit A. Section 3. 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 "Golf' 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. Section 4. Assignability of Credit. "Golf' 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 "Golf' to St. Lucie County and the City of Port St. Lucie, at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator City Manager 2300 Virginia Avenue 121 SW Port St. Lucie Blvd. Fort Pierce, Florida 34982 Port St. Lucie, Florida 34984 with copy to: County Attorney City Attorney 2300 Virginia Avenue 121 SW Port St. Lucie Blvd. Ft. Pierce, Florida 34982 Port St. Lucie, Florida 34984 Section 5. Recorc ability of Agreement. This Agreement shall be recorded by "St. Lucie County" in the public records of St. Lucie Countyl and shall be binding upon "Golf's" successors in interest and title to the property described in Exhibit B. Section 6. Termination of Agreement. This a reement shall be effective until all of the Road Impact Fee credits authorized Road Impact Fee Credit RIF 00-001 Final Page 2 ' ,]R BOOK 1288 PAGE 1,7JQ9 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _26 ?7 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 under Se similar de IN WITNESS WHEREOF, above written. Signed, sealed and delive in the presence of: ATTEST: DEPUTY CLERK RIF00-001 Road Impact Fee Credit Final �tion 3 have been consumed through the issuance of a building permit, or relopment approval. the parties hereto have executed this,Agreement as of the day and year first 'ed Golf Aqua Range of Port St. Lucie, Inc (JMiic1.!e�11K'1e_ei,,, President, Secretary & Treasurer .11r. ., Board of County Commissioners. - St. Lucie County, Florida MMHAIRMil iA�+ �f'ii:i ice`.'• `'_ /:�• +i APPROVED AS TO FORM AND RIF 00-001 Page 3 JR BOOK 1286 PAGE 1310 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 I ACKNOWLEDGMENT STATE OF FL COUNTY OF BEFORE ME, the undersigned authority personally appeared Michael Keeler, and is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to I the best of his nowledge, information, and belief. SWORN TO AND SUBSCRIBED before me this^ day of NLtary Public State of Florida at Large 1� My Commission Expires: MICHELLE � M. MAA110ROUGH � r MY COMMISSION # CC 751353 'a EXPIRES: June 14, 2002 Bonded Thm Notary Public UllderWter0 RIF 00-001 Page 4 -`JP BOOK 1288 PAGE 1311 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 -, 24 25 26 27 28 ,29 30 31 32 33 34 35 36 37 38 39 40 41 EXHIBIT "A" Legal Description Jennings Road Property Dedication The north 10 feet of the following: Lot 3, Block 1, Section 12, Township 37 South, Range 40 East, St. Lucie Gardens Plat No. 1, according to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of St. Lucie County, Florida, less Jennings Road Right of Way. EXHIBIT "B" Legal Description I REMAINING PARCEL OWNED BY GOLF AQUA RANGE OF PORT ST. LUCIE, INC Lot 3, Block 1, Sectionl12, Township 37 South, Range 40 East, St. Lucie Gardens Plat No. 1, according to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of St. Lucie County, Florida, less Jennings Road Right of Way, and less the north 10 feet of said parcel as described in OR Book 850, page 1858, Public Records of St. Lucie County. RIF 00-001 Page 5