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HomeMy WebLinkAbout2016-001 Betkor Properties LLC (A-1 Roof Truss)0, 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4207800 07/07/2016 04:01:14 PM OR BOOK 3888 PAGE 986 - 989 Doc Type: AGR RECORDING: $35.50 RIF 2016-001 X16 -o5- 32.0 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND BETKOR PROPERTIES, LLC IN CONSIDERATION FOR THE DONATION OF RIGH -OF -WAY ALONG ST. LUCIE BOULEVARD THIS AGREEMENT is made and entered into as of this 3rd day of May, 2016, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and Betkor Properties, LLC, hereinafter referred to as "Betkor'. WITNESSETH WHEREAS, on April 8, 2003, Betkor dedicated to St. Lucie County, certain property representing 13,342 square feet for the future widening of St. Lucie Blvd, as further described in the attached Exhibit "A" (the "Dedication"), along which is being development a project to be known as A-1 Roof Trusses, 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 24-264(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, St. Lucie Boulevard is part of the St. Lucie County's Road Impact Fee Eligibility network; and, WHEREAS, based upon the provisions of Section 24-264(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: $6,954.95 WHEREAS, Betkor ties is desirous of establishing the amount of Credit that Betkor shall be entitled to for the right-of-way donation. RIF 2016-001 Betkor RIF Agreement May 3, 2016 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 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. Betkor is entitled to a credit against St. Lucie County road impact fees in the amount of six thousand nine hundred and fifty-four dollars ($6,954.95), under the criteria set forth in Section 264-24(c) of the Code of Ordinances of St. Lucie County for the donation of right-of-way along St. Lucie Boulevard. Section 3. Assignability of Net Credits. Betkor 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 Betkor 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. RIF 2016-001 May 3, 2016 This Agreement shall be recorded by St. Lucie County in the public records of St. Lucie County and shall be binding upon Betkor and any successors in interest and title to the property described in Section 3 above. Betkor 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: Board of County ommissioners AT St. Lucie Coun , Florida --/ - 4 . ITY CLARK ► ` Witnesses: Print Print RIF 2016-001 May 3, 2016 IRMAN APPROVED AS TO FORM AND CORREC NESS: NAME: TITLE: COUNW ATTORNEY B.etkor 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 Witnesses: �' '" a-6ilKe- soull+cr` - Print A -L Ao -f rint STATE OF FLORIDA COUNTY OF 54- L `t - TITLE: �' T ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, personally appeared An k ', 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 knowledge, information, and belief. He/ she personally appeared before me, is personally known to me, or produced as identification. Notary Public, State of Florida JAN'CE PULTRE My COMMISSION # FF234221 '•?a EXPIRES May 25, 2019 •iU/, IWO 63 RIF 2016-001 May 3, 2016 Betkor RIF Agreement Page 4