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Home My WebLink About2007-002 NNN/Jenkins LLC eOl-/l-~30 RIF 07-002 A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY, FLORIDA AND NNN/1031 NO. 16 SR 70 JENKINS LLC IN CONSIDERATION FOR THE DEDICATION OF RIGHT-OF-WAY ALONG A PORTION OF JENKINS ROAD THIS AGREEMENT is made and entered into as of this JC' day of ¡t/"h,H!I:¿2~~, , 2007, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and NNN/1031 NO. 16 SR 70 JENKINS LLC, hereinafter referred to as "NNN." WIT N E SSE T H: WHEREAS, NNN owns certain real property located along Jenkins Road lying within the City of Fort Pierce, more particularly described as being: See attached Exhibit "A" on which they are developing a non-residential site based on a site plan approved by the City of Fort Pierce (the "Property"); and WHEREAS, NNN is proposing to convey to the County a portion of the Property right- of-way approximately 30' x 630' along Jenkins Road (the "Right-of-Way"); 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(c) of the Code of Ordinances of St. Lucie County provides for credits for the provision of non-site related right-of-way conveyance on those roadways that are a part of the County's Roads Impact Fee Eligibility network; and WHEREAS, Jenkins Road is part of St. Lucie County's Roads Impact Fee Eligibility network; and WHEREAS, based on the provisions of Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County, based on 120'}'o of assessed value, the appropriate amount of the value of the Right-of-Way that is eligible for consideration of road impact fee credit is: EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 314072512/05/2007 at 04:11 PM OR BOOK 2912 PAGE 492 - 497 Doc Type: AGR RECORDING: $52.50 $101,104 WHEREAS, NNN and St. Lucie County are desirous of establishing the amount of credit that NNN shall be entitled to for the conveyance of certain Right-of-Way along Jenkins Road. NOW, THEREFORE, in consideration of the mutual covenants entered into to be made and performed, and in consideration of the benefits to accrue as follows: Section 1. Incorporation by Reference. The above recitals are true and correct and made a part of this Agreement by reference. Section 2. Amount of Credit. NNN is entitled to a credit against Road Impact Fees in the amount of One hundred one thousand one hundred four and 00/100 ($101,104.00) dollars under the criteria set forth in Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County for the conveyance of certain Right-of-Way along Jenkins Road. Section 3. Limitation of Credit. The credit established by this Agreement is limited solely to the property legally described in the attached Exh i bit" A /I and is not transferable to any other property owned by NNN in St. Lucie County. Section 4. Assignability of Credit. NNN may assign all or part of the credit described in Section 2 above to its successors in title and interest for the property described in Section 3 above. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by NNN to St. Lucie County and the City of Fort Pierce, at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 City Manager P. O. Box 1480 Fort Pierce, FL 34954 with copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 City Attorney P.O. Box 1480 Fort Pierce, FL 34954 Section 5. Recordability of Agreement. This Agreement shall be recorded by St. Lucie County in the public records of St. Lucie County and shall be binding upon NNN and any successors in interest and title to the property described in Section 3 above. Section 6. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee credits authorized under Section 3 have been consumed through the issuance of a building permit or similar development approval. Section 7. Requirement for Quarterly Reports. In consideration for the issuance of this Road Impact Fee Credit, NNN may so . authorize and assign through Section 4 above, agree to provide to St. Lucie County and the City of Fort Pierce, a detailed written report on the use of the credit approved through this Agreement. This report shall indicate the building permit numbers, the dates of issuance of those permits and a description of the activity being permitted on which the normally required road impact fee is not being paid. The first of these reports shall be due on January 1, 2008 and shall 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, FL 34982 City Manager P. O. Box 1480 Fort Pierce, FL 34954 with copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 City Attorney P.O. Box 1480 Fort Pierce, FL 34954 IN WITNESS WHEREOF, the parties hereto have executed this of the day and year first above written. Signed, sealed and delivered in the presence of: ATTEST: [SIGNATURE PAGE CONTINUES] ~,~~~~ Karen D Ge~ ;;Z{~l¿~ft<- ~ð c.-/ I) Nereida Perez-Alvcir'ez BY: NNN/ 1 031 NO. 16 SR 70 JENKINS LLC By: CWP, LLC, a Florida limited liability As Managý ;: .~~ /Ä" "/' / :' \,-' -..... " ." .,/ _,.X David A:'Dean, Authorized Representative WITNESSES: *************** ACKNOWLEDGMENT STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME, the undersigned authority personally appeared David A. DeaooJjf~is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his knowledge, information, and belief. SWORN TO AND SUBSCRIBED before me this 5t~ day ~rember 2007. , Æ¿) (V~, ~/Vµ/l Notary Public, Nerei a Perez-Alvar z State of Florida at Large My Commission Expires: ;¡ -d{ t ~ ß( 007 -~~ ,,~ò~~~:J~'}¡p~., ';:HÙ,"',~,'~"_'-, -~ , ,'t lUQ'pepù08 :-~.~. "-~-:' ~:::..__ '\o,fl j ¡\.\BPN J_ -0. .<1)_ :H;\'ð~']JN<.'nun :);:O~1 ~:u ""3'd\dY3 ªl-: . :..~ :"'1 .... '\(\-' LOZ f\J\J,,~q,,::.J .~ 11,\ :.Jf. ! ";>::= '~,\\ bO"G j r rt NO\SSI'I'l'l'lOJ J-,\, '··~:.ri¡'i.\~"O .. 0.1' QI3\:\:1I..\ ."."..' ~~'¡ r'dVKN-23H~~,~.~ 'I:: '.~.'i:7_~;'~~~-.'!Sl· EXHIBIT "A" PARCEL ID 2419-233-0006-000-0 SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST - FROM SW COR OF NW 1/4 RUN N 88 DEG 37 MIN 27 SEC E 40 FT, TH N 0 DEG 12 MIN 27 SEC E 30 FT TO N R/W CANAL #38 FOR POB, TH CONT N ON SAME BEARING 256.11 FT, TH N 88 DEG 47 MIN 57 SEC E 194 FT, TH SO DEG 12 MIN 27 SEC W 95 FT, TH N 66 DEG 42 MIN 27 SEC E 53.1 FT, TH S 1 DEG 55 MIN 27 SEC W 180.48 FT MIL TO N R/W CANAL, TH S 88 DEG 37 MIN 27 SEC W 237.4 FT MIL TO POB (1.32 AC) PARCEL ID 2419-233-0001-000-5 SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST - BEG NE COR OF SW 1/4 OF SW 1/4 OF NW 1/4 RUN S 00 2143 E 538.21 FT TO NLY RD R/W LI OF STATE RD 70, TH S 722629 W ALG R/W LI 405.48 FT, TH N 01 37 52 E 195.18 FT, TH S 66 24 52 W 53.10 FT, TH N 00 05 08 W 95.30 FT, TH S 88 29 26 W 193.98 FT TO E RD R/W LI OF JENKINS RD, TH N 00 0510 W ALG R/W LI 170.05 FT, TH N 88 29 26 E 194.06 FT, TH N 00 05 08 W 210.42 FT, TH N 88 29 26 E 426.16 FT TO POB (6.36 AC) PARCEL ID 2419-233-0002-000-2 SECTION 19, TOWNSHIP 35 SOUTH, RANGE 40 EAST - BEG AT PT ON N LI OF SW 1/4 OF SW 1/4 OF NW 1/4 AT INT OF E R/W OF JENKINS RD, TH RUN E 195 FT, TH S 210 FT, TH W 195 FT, TH N 210 FT TO POB (0.94 AC)