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HomeMy WebLinkAbout2014-001 John and Brenda Jacobs1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4040517 02/16/2015 at 04:09 PM OR BOOK 3717 PAGE 805 - 808 Doc Type: AGR RECORDING: $35.50 RIF 2014-01 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND JOHN AND BRENDA JACOBS IN CONSIDERATION FOR THE DONATION OF RIGH -OF - WAY ALONG EAST MIDWAY ROAD THIS AGREEMENT is made and entered into as of this 18th day of November, 2014, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and John and Brenda Jacobs, hereinafter referred to as "Jacobs". WITNESSETH WHEREAS, on November 18, 2014, Jacobs dedicated to St. Lucie County, certain property representing 408 square feet for the future widening of East Midway Road, as further described in the attached Exhibit "A" (the "Dedication"), along which is being development a project to be known as Jacobs Midway Commercial, and, WHEREAS, St. Lucie County has adopted a "Road 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 part of the County's Road Impact Fee Eligibility network, and, WHEREAS, East Midway Road is part of the St. Lucie County's Road Impact Fee Eligibility network; and, WHEREAS, based upon the provisions of Section 1-17-33.1(c) of the Code of Ordinances of St. Lucie County, the value of the right-of-way donation that is eligible for consideration of road impact fee credit is: $1,452.75 WHEREAS, Jacobs is desirous of establishing the amount of Credit that Jacobs shall be entitled to for the right-of-way donation. RIF 2014-01 November 18, 2014 Jacobs RIF Agreement Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties here to be made and performed, and in consideration of the benefits to accrue to each of the parties, it is agreed as follows: Section 1. Incorporation by Reference. The above recites are true and correct and are made a part of this Agreement by reference. Section 2. Impact Fee Credit. Jacobs is entitled to a credit against St. Lucie County road impact fees in the amount of one thousand four hundred and fifty-two dollars ($1,452.75), 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 East Midway Road. Section 3. Assignability of Net Credits. Jacobs may assign all or part of the Credits 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 Jacob 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: County Administrator With copy to: County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, Florida 34982 Fort Pierce, FL 34982 Section 7. 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 Jacobs and any successors in interest and title to the property described in Section 3 above. RIF 2014-01 November 18, 2014 Jacobs RIF Agreement Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Section 8. Termination of Agreement. This Agreement shall be effective until all of the Road Impact Fee Credits authorized herein 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: UTY CLERK W' nesses: 31 51 e - Print Print RIF 2014-01 November 18, 2014 To Board of County Commissioners St. Lucie County, Florida BY:/j CHAIR APPROVED AS TO FORM AND CORREC SS: COUNTY/AT ll John Jacobs RNEY BY- NAME:— TITLE: Y:NAME:TITLE: Jacobs RIF Agreement Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Witnesses: cj�S12 TSL"C' �� Print •O" ., Print STATE OF FLORIDA COUNTY OF StLUCe Brenda Jacobs BY: k "A %LjA3 NAME: 13f Q , Aek enc ob TITLE: p WAtV__ ACKNOWLEDGEMENT BEFOR ME, the undersigned authority, personally appeared Pi1fQ� . ��►^ �a"s , and is authorized to sign and execute the above Agreement and that the representations above stated are true and correct to the best of his knowled e, information, and belief. He/ she personally appeared before me . personally known to me, or produced as identification. RIF 2014-01 November 18, 2014 I Notary Public, State of Florida SUSIE TETREAULT := MY COMMISSION 8 EE 125556 ' a EXPIRES: September 13, 2015 '';pF „°`•�`� Bonded Thru Notary Public Underwriters Jacobs RIF Agreement Page 4 cobs 't