HomeMy WebLinkAbout2009-002 Sunshine Road Development~ o ~_ ~~3 0~~
RIF 09-002
A ROA~ IMPACT FEE CREDIT AGREEMENT BETWEEN ST, LUCIE
COUNTY, FLORIDA AN~ SUNSHINE ROA~ DEVELOPMENT, LLC,
IN CONSI~ERATION FOR THE DONATION OF RIGHT-OF-WAY
ALONG TURNPIKE FEEDER ROAD.
1~
THIS AGREEMENT is made and entered into as of this ~ day of , 2009, by
and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida,
hereinafter referred to as "St. Lucie County" and SUNSHINE ROAD ~EVELOPMENT, LLC, a Florida
limited liability company, hereinafter referred to as "Sunshine."
WITNESSETH:
WHEREAS, Sunshine owns certain real property located along Turnpike Feeder Road lying
within a portion of unincorporated St. Lucie County, more particularly described as being:
See attached Exhibit "A"
on which it is developing a project to be known as Sunshine Food and Services, nnd,
WHEREAS, St. Lucie County has adopted a"Roads Impact Fee Credit Ordinance" which imposes
impact fees relating to public transportntion focilities; and,
WHEREAS, Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County provides for
credits for the donation of non-site related right-of-way on those rondways that nre Q part of the
County's Roads Impact Fee Eligibility network; and,
WHEREAS, Turnpike Feeder Road is part of St. Lucie County's Road 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, the amount of the right-of-wny donation that is eligible for consideration of road impact
fee credit is:
$15,255.00
WHEREAS, Sunshine is desirous of establishing the amount of Credit that Sunshine shall be
entitled to for the right-of-way donation.
NOW, THEREFORE, in consideration of the mutual covenants entered into to be made und
performed, and in consideration of the benefits to accrue to agreed as follows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3323138 03/1912009 at 10:14 AM
OR BOOK 3070 PAGE 1560 - 1563 Doc Type: AGR
5:\ATTY\AGREEMNT\Sunshine Road Development RIF.wpd -i~ RECORDING: $35.50
Section 1. Incorporation by Reference.
The above recitals are true and correct and made a pnrt of this Agreement by reference.
Section 2. Amount of Credit.
Sunshine is entitled to a credit against Road Impact Fees in the amount of Fifteen thousand two
hundred fifty-five and 0/100 ($15,255.00) Dollars under the criteria set forth in Section 1-17-33.1(c)
of the Code of Ordinunces of St. Lucie County for the donation of right-of-way along Turnpike Feeder
Road.
Section 3. Limitation of Credit.
The credit established by this Agreement is limited solely to the property legally described in
the attached Exhibit "A", and is not transferable to any other property owned by Sunshine in St. Lucie
County. The credit may only be applied against Road Impact Fees and shnll not be transfernble as a
credit against other impact fees imposed for purposes other than roads.
Section 4. Assignability of Credit.
Sunshine may assign all or part of the credit described in Section 2 above to its successors in
title and interest to 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
Sunshine to St. Lucie county, at the address set forth below nnd the original assignment shall be
recorded in the public records of St. Lucie County:
County Administrntor
2300 Virginia Avenue
Fort Pierce, Florida 34982
with a copy to: County Attorney
2300 Virginin Avenue
Fort Pierce, Florida 34982
Section 5. Recordability of Agreement.
This Agreement shall be recorded by St. Lucie County in the public records of St. Lucie County
and shnl) be binding upon Sunshine and any successors in interest and title to the property described
in Section 3 above.
Section 6. Te~mination 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
npproval.
IN WTTNE55 WHEREOF, the parties hereto have executed this Agreement as of the dny and
year first above written.
5:\ATTY\AGREEMNT\Sunshine Road Development RIF.wpd '2'
Signed, sealed and delivered in the presence of:
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
Chnir
APPROVE~ AS TO FORM AND
BY:
SUNSHINE ROAD DEVELOPMENT, LLC,
o Florida limited liabi~ity company
BY:
NAME: ~
TITLE : r '~'
ACKNOWLEDGMENT
Stcte of Floridu
County of St. Lucie ) '
a d ~ ~ -Q S~
tEF1RE ME, the un~ersigne~ auth~rity, rers~n.iiY.rr~ re - ~ ~ I~ ,
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 l.~ d~,y of ~~~''q ~, 2009. `,
SEAL
~~ ~ ~~,.~,~ ~
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1 .s~ :` ~ L~RIE A. GEFSTEhAEl~~I +
~ ;,'•~~"y< ~: P.?y GOMM!SS10~; ~ CD ;t,,,s , r
~~ ;;_,. ~ EX~'IP,ES: February 1a, ~0'0
~ o~ 3; u~ `` Bonow.+ ±;hru Neta F~
~_.Y ry '~btic Unlero:;iters
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Flotary Pub :c, Stn of ~loridn
My Commissio pires;
5:\ATT/\AGREEMNT\Sunshine Road Development RIF.wpd -3'
WITNESSES:
_ __ JAMES . RD _ __
MIRAMAR AVE
SANTA BARBARA DR
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