HomeMy WebLinkAbout2010-002 Gazzara, Sebastiano & CeciliaRIF 10-002
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY,
FLORIDA AND SEBASTIANO AND CECILIA GAZZARA IN CONSIDERATION FOR
THE DONATION OF RIGHT-0F-WAY ALONG ANGLE ROAD.
THIS AGREEMENT is made and entered into as of this 24th day of August, 2010, by and between ST. LUCIE
COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and
SEBASTIANO AND CECILIA GAZZARA, whose address is 6990 12"' Street, Vero Beach, Florida 32960, hereinafter
referred to as "Gazzara Retail Building."
WITNESSETH:
WHEREAS, on June 8, 2010, Gazzara Retail Building dedicated to St. Lucie County, through Resolution No.
10-168 recorded in the Public Records of St. Lucie County, certain property representing .05 +/- acres, for the future
widening of Angle Road, as further described in the attached Exhibit "A" (the "Dedication°), on which it is developing a
project to be known as Gazzara Retail Building and,
WHEREAS, St. Lucie County has adopted a "Roads Impact Fee Credit 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
donation of non-site related right-of-way on those roadways that are a part of the County's Roads Impact Fee Eligibility
network; and,
WHEREAS, Angle 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-0f-way donation that is eligible for consideration of road impact fee credit is:
6 005.28
WHEREAS, Gazzara Retail Building is desirous of establishing the amount of Credit that Gazzara Retail
Building shall be entitled to for the right-of-way donation.
NOW, THEREFORE, in consideration of the mutual covenants entered into to be made and performed, and in
consideration of the benefits to accrue to agreed 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.
Gazzara Retail Building is entitled to a credit against Road Impact Fees in the amount of Six Thousand Five
and 29/100 ($6,005.29) Dollars under the criteria set forth in Section 1-17-33.1(c) of the Code of Ordinances of St.
Lucie County for the donation of right-of-way along Angle 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 Gaz:zara Retail Building 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.
Gazzara Retail Building 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 Gazzara Retail Building
to St. Lucie County, at the address set forth below and the original assignment shall be recorded in the Public Records
of St. Lucie County:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3514571 09/15/2010 at 11:31 AM
OR BOOK 3229 PAGE 2276 - 2279 Doc Type: AGR
RECORDING: 535.50
County Administrator with a copy to: County Attorney
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce, Florida 34982 Fort Pierce, Florida 34982
action 5. RecoMability of Agreement
This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie County and shall be
binding upon Gazzara Retail Building and any successors in interest and title to the property described in Section 3
above.
action 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.
Signed, sealed and delivered in the presence of:
ATTEST:
BOARD OF COU COMMISSIONERS
ST. LUCIE COU TY, FLORIDA
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By:
CAairman
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Si ature
C ara ~'L M ~-i~
Print Name
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Print Nam Y
By:
SEBASTIANO GAZZARA AND CECILIA
GAZZARA, TRUSTEES FOR THE
REVOCABLE LIVING TRUST DATED 3-4-09
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SEBAST~A~VO GAZZARA
CECILIA G
WITNESSES:
APPROVED AS TO FORM`l~ND
STATE OF FLOR
• COUNTY OF ~
BEFORE ME, the undersigned authority, personally appeared SEBASTIANO GAZZARA AND CECILIA
GAZZARA, and are authorized to sign and execute the above Agreement and that the representations above stated
are true and correct to the best of his/her knowledge, information, and belief.
SWORN TO AND SUBSCRIBED before me this 24th day of August, 2010.
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Notary Public, State of Florida
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EXPIRES: Mardi 22, 2013
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