HomeMy WebLinkAbout2011-002 Rockingham Carriage Services, Inc.1
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3643113 11!02/2011 at 12:57 PM
OR BOOK 3336 PAGE 748 - 753 Doc Type: AGR
RECORDING: $52.50
11-002
A ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST.
LUCIE COUNTY, FLORIDA AND ROCKINGHAM CARRIAGE
SERVICES, INC. A NEW HAMPSHIRE CORPORATION, IN
CONSIDERATION FOR RIGHT-OF-WAY DEDICATIONS ALONG
INDRIO ROAD.
This Agreement is made and entered into as of this ~ 8th day of 0 c~O 6e~. , 2011,
by and between St. Lucie County, Florida, a political subdivision of the State of Florida,
hereinafter referred to as "County" and Rockingham Carriage Services, Inc. a New
Hampshire corporation, whose post office address is P.O. Box 1349, Portsmouth, NH,
03802-1349, hereinafter called Grantor, hereinafter referred to as "Rockingham."
WITNESSETH:
WHEREAS on March 6, 2011, Rockingham received approval, from the St. Lucie County
Planning and Development Services Director, through PDS Order 11-008, for Minor
Adjustment #1 to the Rockingham Carriage Services, Inc., Minor Site Plan, on property
located at 120 Del Monte Street, Ft. Pierce, FI., 34946 (SW Cnr of Indrio Road and No. US
#1), and as more particularly described in the attached Exhibit A of this Agreement; and,
WHEREAS, Condition Number 7 of PDS Order 11-008 requires certain right-of-way
dedications to be made from the property described in the attached Exhibit A of this
Agreement; that are associated with the future widening of Indrio Road and,
WHEREAS, the 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 dedications on those roadways
that are a part of the County's Roads Impact Fee Eligibility network; and,
Impact Fee Credit Agreement - 11-002
Rockingham Carriage Services, Inc. a New Hampshire Corporation
Page 1
October 18, 2011
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WHEREAS, Rockingham, is desirous of obtaining a credit against the required County Road
Impact Fees due from the Rockingham Carriage Services, Inc., Minor Site Plan site; and,
WHEREAS, Indrio Road is a part of the County's Roads Impact Fee Eligibility network; and,
WHEREAS, this Board has determined that the right-of-way dedications along Indrio Road
will provide for an opportunity for additional roadway capacity enhancements to be made to
Indrio Road and that such dedication it is to the benefit of the County and public at large;
and,
WHEREAS, based on the provisions of Section 1-17-33:1 (c) of the Code of Ordinances of
St. Lucie County, the value of the dedicated right-of-way for the future improvement of
Indrio Road, is computed as follows:
Based on the Property Appraiser Record Cards (2005), the subject parcel is comprised of four
(4) parcels with separate parcel ID's. The parcels are unique in size and shape. The parcel
identification numbers indicated below were utilized to determine the land value. Both parcels are
within the requested right of way donation area for Indrio Road. The credit for the non-site related
right of way donation has been determined pursuant to Section 1-17-33.1 (c, 6) of the St. Lucie
County Code of Ordinances.
Parcel ID #1416-601-0113-000-0: 2005 Assessed Land Value = $56,600 x 1.20% _ $67,920.00
Total acres 1.625 = 70,784.7792 sq. ft.
Value per sq. ft. _ $0.96
Right of way donation; = 5,497.7 sq. ft.
Value of right of way donation = 5,497.7 x $0.96 = $5,277.79
Parcel ID #1416-601-0107-000-5: 2005 Assessed Land Value = $99,000 x 1.20% _ $118,800.00
Total acres 0.909 = 39,595.9165 sq. ft.
Value per sq. ft. _ $3.00
Right of way donation; = 5,917.7 sq. ft.
Value of right of way donation = 5,917.7 x $3.00 = $17,753.10
The value of the non-site related right of way donation qualifying for Roads Impact Fee Credit is
$23,030.89.
NOW, THEREFORE, in consideration of the mutual covenants entered into to be made
and performed, and in consideration of the benefits to accrue to agreed as follows:
Section 1 Incorporation by Reference.
The above recitals are true and correct and made a part of this Agreement by reference.
Section 2. Amount of Road Impact Fee Credit.
Under the criteria set forth in Section 1-17-33.1 of the Code of Ordinances of St Lucie
Impact Fee Credit Agreement - 11-002
Rockingham Carriage Services, Inc. a New Hampshire Corporation
Page 2
October 18, 2011
1 County for the improvements to the dedication of certain right-of-way along Indrio Road,
2 Rockingham is entitled to a Roads Impact Fee credit in the amount of twenty three
3 thousand, and thirty dollars and eighty-nine cents ($ 23,030.89). This Roads Impact
4 Fee credit figure represents the maximum award through this Agreement that may be
5 applied to the property described in the attached Exhibit A, and Rockingham does hereby
6 acknowledge that the maximum credit value may not be fully consumed through the
7 development activities taking place on the property described in the attached Exhibit A.
8
9 Section 3. Limitation of Credit/ Applicability
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11 The credit established by this Agreement is limited solely to the property legally described in
12 the attached Exhibit "A", and is not transferable to any other property owned by
13 Rockingham in the County.
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15 The credit established by this Agreement may only be applied against Roads Impact Fees
16 and shall not be transferable as a credit against other impact fees imposed for purposes
17 other than roads.
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19 Rockingham acknowledges that, based on the provisions of Section 1-17-33.1 (b) (3) of the
20 Code of Ordinances of St. Lucie County, the Roads Impact Fee Credit not shall exceed the
21 total amount due for the County Roads Impact Fees, as may be required from the property
22 described in the attached Exhibit "A".
23
24 Section 4. Status of Previously Paid Impact Fees
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26 The County and Rockingham jointly acknowledge that Rockingham's predecessors have
27 already paid to the County certain Roads Impact Fees associated with the development of
28 the property described in the attached Exhibit "A". Rockingham acknowledges that unless
29 Section 1-17-33.1(c)(9) of the St. Lucie County Code of Ordinances is amended by the St.
30 Lucie County Commission, the restrictions on Rockingham's ability to reclaim previously
31 paid impact fees shall remain in force and effect. If, subsequent to the effective date of this
32 agreement, Section 1-17-33.1(c)(9) of the St. Lucie County Code of Ordinances is amended
33 by the County to permit the refunding of prior paid Roads Impact Fees, Rockingham shall be
34 eligible for any impact fee credits applicable to it, provided that the gross impact fee credit
35 does exceed the amount identified in Section 3.
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37 Section 5. Assignability of Credit.
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39 Rockingham may assign all or part of the credit described in Section 3 above to its
40 successors in title and interest to the property described in the attached Exhibit "A". Such
41 assignment shall be by recordable written instrument. Before the assignment is effective,
42 Rockingham shall provide a copy of the assignment to the County, at the address set forth
43 below and the original assignment shall be recorded in the public records of the County:
Impact Fee Credit Agreement - 11-002
Rockingham Carriage Services, Inc. a New Hampshire Corporation
Page 3
October 18, 2011
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St. Lucie County Administrator
2300 Virginia Avenue
Ft. Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Section 6. Recordability of Agreement.
This agreement shall be recorded by the County in the public records of St. Lucie County
and shall be binding upon Rockingham and any successors in interest and title to the
property described in described in the attached Exhibit "A".
Section 7. 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: ^°'" ~a ~~ Board of C ty~
`~ ~?~r~'.~ St. Lucie ountb,
~~
Deputy erk _ '~ gy.
~~ , . ~~
' ~ ~' E , >~~r Approved as to ~
By:
30
is~~Oners .
a ~ `~
~ ~~ `'~
-,
~ctness and~orm
County
Impact Fee Credit Agreement - 11-002
Rockingham Carriage Services, Inc. a New Hampshire Corporation
Page 4
October 18, 2011
Rockingham Carriage Services, Inc. a New
Hampshire Corporation,
By:
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STATE OF ~ I Of~ C~ 0.
COUNTY OF c~ , ~~ ~ ~
The foregoing instrumen~t,was acknowledged before me this~~
2011 b y _____~~''~Lt i'1 t~.,~' ~~i i ~Y t C~ t'1
known to mho has produced
day of ~(~~-(~ ~
who is rson
as identification.
~ ~ ~ ~'U,~c7 t11 ~~
Signature of Notary
n ~ ~ i,~ Y
Type or Print Name of I
Commission Number (Seal) `.,~,. KA~fi•iRY~I fl3UR ANEK
6 ', ,;' MY COMMISSIOy 'r: E 092493
EXPIRES Ma 10, 015
(407) 396-0153 FlorwleNoferv3ervice_
Impact Fee Credit Agreement - 11-002
Rockingham Carriage Services, Inc. a New Hampshire Corporation
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October 18, 2011
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Exhibit A
Legal Description
ROCKINGHAM CARRIAGE SERVICES INC.
(f/k/a AL'S MOTOR HOMES)
SITE LEGAL DESCRIPTION:
Lots 1 Through 10, Block 22, Plat No. 1 Indrio, a Subdivision, according to the Plat
thereof, Recorded in Plat Book 5, Page 42, of the Public Records of St. Lucie County,
Florida, and that Part of Ctestline Drive of Indrio Subdivision Unit 1, in Section 17,
Township 34 South, Range 40 East, according to the Plat thereof, Recorded in Plat Book
5, Page 42, of the Public Records of St. Lucie County, Florida, lying westerly of the
westerly Right-of--Way Line of State Road 5 which is parallel to and 100 feet westerly of the
Baseline of Survey according to Right-of--Way Map of Section 94010-2202, State Road 5, as
filed in Map Book 1, Page 125 of the Public Records of St. Lucie County, Florida, lying
easterly of Lots 1 Through 10, Block 22.
SITE ACERAGE:
4.35 acres (more or less)
PARCEL ID NUMBERS:
1416-601-0107-000/5
Impact Fee Credit Agreement - 11-002
Rockingham Carriage Services, Inc. a New Hampshire Corporation
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October 18, 2011