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HomeMy WebLinkAbout2013-001 Love's Travel Stops & Country Stores, Inc.C ~3-o3-Oq( ROAD IMPACT FEE CREDIT AGREEMENT (RIF-13-001) BETWEEN ST. LUCIE COUNTY, FLORIDA AND LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. IN CONSIDERATION FOR DEDCATION OF RIGHT-OF-WAY FOR KINGS HIGHWAY This Road Impact Fee Credit Agreement ("Agreement") is made and entered into this 19th day of MARCH, 2013, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma corporation, whose address is 10601 North Pennsylvania, Oklahoma City, Oklahoma 73120 ("Developer"). WITNESSETH WHEREAS, on January 20, 2012, Developer received approval for a Minor Site Plan from St. Lucie County Planning and Development Services Director through PDS No. 12-008, as amended by a minor adjustment approved on September 21, 2012 by PDS No. 12-032, for a project known as Love's Travel Stop ("Project"), on property located south of Orange Avenue and east of King's Highway in St. Lucie County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the County and the Florida Department of Transportation have required the dedication to the State of Florida Department of Transportation of additional right-of--way to widen King's Highway as a condition of approving the Project; and WHEREAS, the donation of the required right-of--way to the State of Florida Department of Transportation along King's Highway has been completed; and WHEREAS, certain costs were incurred by the Developer to meet the requirements of the Florida Department of Transportation for making the required dedication of right-of way; and WHEREAS, County has adopted a "Roads Impact Fee Ordinance" which imposes impact fees relating to public transportation facilities and which provides for credits against such impact fees for certain contributions, construction, or dedication of land; and WHEREAS, Developer is desirous of obtaining a credit against the required County Road Impact Fees due as a result of development of Developer's property described on Exhibit "A" (the "Property"); and WHEREAS, King's Highway is part of St. Lucie County's Roads Impact Fee Eligibility network; and JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3816697 04/01/2013 at 11:35 AM OR BOOK 3500 PAGE 1552 - 1558 Doc Type: AGR 1 RECORDING: $61.00 12177569.5 WHEREAS, this Board does hereby determine that the King's Highway right-of- way dedication to the Florida Department of Transportation as part of the Love's Travel Stop development is not site related and that such dedication is to the benefit of the County and the public at large; and WHEREAS, based on the provisions of Section 1-17-33:1(c) of the Code of Laws and Ordinances of St. Lucie County, the value of the dedicated right-of--way for King's Highway is computed to be $93,938.96 and the total value of the credit related to the transportation contributions is $110,246.71, as is more specifically set forth in Exhibit "B" attached hereto and incorporated herein. NOW, THEREFORE, in consideration of the promises, mutual covenants, and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows: Recitals. The above recitals are true and correct and incorporated herein. 2. Pro er hereto. The Property governed by this Agreement is described in Exhibit "A" attached Amount of Road Impact Fee Credit. Pursuant to the criteria set forth in Section 1-17-33.1 of the Code of Laws and Ordinances of St. Lucie County, Developer is entitled to a Road Impact Fee Credit in the amount of One Hundred Ten Thousand Two Hundred Forty-Six Dollars and Seventy- One Cents ($110,246.71) for the contribution to the public road system. In conjunction with the Development of the Project, and as required by the Florida Department of Transportation, Love's procured the donation of additional right- of-way from the adjacent parcel to the south of the Property ("Additional Donated Right- of-Way"). In the event that Developer provides documentation to the satisfaction of the County that Developer is entitled to the benefit of the Road Impact Fee Credit from the Additional Donated Right-of--Way, County agrees that this Agreement may be amended to provide additional Road Impact Fee Credit for development of the Property described in Exhibit "A" as a result of said Additional Donated Right-of--Way. 4. Limitation of Credit/Applicability The Road Impact Fee Credit established herein is limited solely to the Property described in Exhibit "A". Road impact fees owed for the development of the Property shall be reduced by the Road Impact Fee Credit as such fees become due. The Credit is not transferable to any other property owned by Developer and may only be applied 2 12177569.5 against Road Impact Fees for Love's Travel Stop as same is currently approved or subsequently amended or for such other development on the Property as may be approved in the future. The Road Impact Fee Credit as established by this Agreement may only be applied against Road Impact Fees and shall not be creditable against impact fees imposed for purposes other than roads. Developer acknowledges that, based on the provisions of Section 1-17-33.1(b) (3) of the Code of Laws and Ordinance of St. Lucie County, the amount of Road Impact Fee Credit available shall not exceed the total amount due for the County Road Impact Fees, as may be required as a result of development of the Property described on Exhibit "A". 5. Assignability of Credit. Developer may assign all or part of the Credit described in Section 3 above to its successors in title and interest to the property described in the attached Exhibit "A". Such assignment shall be by recordable written instrument signed by the assignor and the assignee. Before such assignment is effective, a copy of the assignment shall be provided by Developer to the County at the address set forth in Section 7 below and the original assignment recorded in the public records of the County. 6. Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original. 7. Notices. Any notice, request, demand, instruction or other communication to be given to either party under this Agreement shall be in writing and shall be hand delivered, sent by Federal Express or a comparable overnight mail service, or by U.S. Registered or Certified Mail, return receipt requested, postage prepaid, to County and to Developer at their respective addresses below: As to County: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 With a copy to County's Legal Representative: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 12177569.5 As to Developer: Rick Shuffield 10601 N. Pennsylvania Avenue Oklahoma City, Oklahoma 73120 With a copy to: Amy Guzzy, Esq. P.O. Box 26210 Oklahoma City, Oklahoma 73126 And to: Noreen S. Dreyer, Esq. Greenspoon Marder, P.A. 145 NW Central Park Plaza, Ste. 200 Port St. Lucie, FL 34986 8. Recording. This Agreement shall be recorded by the County in the public records of St. Lucie County. 9. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee Credits authorized herein are consumed through the issuance of building permits or similar development approval. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement as of the date and year first above written. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ro CHAIRMAN AS TO FORM AND A 12177569.5 4 WITNESSES: ~~ y~a~ ~Y~. ~.: ~ LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., an Oklahoma Corporation Print Name: ~~G~ ~~L~~~ Title: D 6lpey~~, ~ ~ ,~ ~ ~ ~~ ( ~ ~h^~'7 12177569.5 EXHIBIT "A" LEGAL DESCRIPTION A PORTION QF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST LUCK CO1lWTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHMIEST CORNER OF SAID SECTt01`I 12, THENCE WORTH 89°40'32" EAST, ALONG THE SOUTH LINE OF SAID SECTICNd 12, A DISTANCE OF 40.00 FEET; THENCE WORTH OO° 13'52° WEST, ALONG A LHJE 40.00 FEET EAST QF AND PARALLEL WITH THE WEST LMIE OF SAID SECTION 12 AND THE EXISTIWG EAST RIGHT-0F•1NAY OF KINGS HIGHWAY, A DISTANCE OF 1476.04 FEET TO THE POINT OF BEGINWING, THENCE CONTINUE NORTH 00°13"52" WEST, ALONG THE LAST ASCRIBED COURSE, A DISTANCE OF 938.40 FEET; THENCE AL~IG THE SOUTH LINE OF THE PARCELS DESCRIBED NJ OFFICIAL RECORDS BOOK 240, PAGE 2529, OF THE PUBLIC RECORDS OF ST. LUCIE COUNT1f, FLORIDA. THE FOLLOWING SIX (6) COURSES: WORTH 89°39'16" EAST, A DISTANCE OF 200.00 FEET; THENCE NORTH ~°1372° WEST, A DISTANCE OF 133.00 FEET; THENCE WORTH 89°38'45° EAST, A DISTANCE OF 56.61 FEET; THENCE SOUTH 67°09'32" EAST, A DISTANCE OF 177.69 FEET; THENCE SOUTH 59'02'47" EAST, A DISTANCE OF 183.29 FEET; THENCE SOUTH 48'3520" EAST, A GNSTANCE OF 4374.64 FEET THENCE SOUTH 90°00'OV" WEST, A DISTANCE OF 1589.04 FEET TO THE POINT OF BEGIWi~HNG. SAID LANDS SITUATE IN ST. LUCIE C©UNTY, FLORIDA, AWD GONTAIW 23.316 ACRES, MORE OR LESS. 6 12177569.5 EXHIBIT "B' CALCULATION OF CREDIT Parcel ID #2312-313-0020-000-1 Land Value 2011: $1,803,631.00 x 1.20%= $2,164,357.20 Parcel Acreage: 23.316 (based on survey) = 1,015,641.7914 Square Feet Square Foot Value: $2,164,357.20 _ 1,015,641.7914 = $2.131 per SF Right of way Donation: 1.012 ac = 44,082.5825 Square Feet Value of Right of Way Donation: 44,082.5825 SF x $2.131 = $93,938.96 Total Land Value: $93,938.96 Additional costs related to donation: Survey 867.75 Environmental audit 6,100.00 Title 700.00 Engineering facilitation 8,640.00 Total additional costs for land donation $16,307.75 Total road impact fee credit: X110.246.71 7 12177569.5