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Home My WebLink About2018-001 The Crossing, A Network of Community Churches IncorporatedJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4485900 10/01/2018 11:27:23 AM OR BOOK 4186 PAGE 1185 - 1190 Doc Type: AGR RECORDING: $52.50 RIF 2018-01 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CROSSING, A NETWORK OF COMMUNITY CHURCH'S INCORPORATED IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG OLEANDER AVENUE THIS AGREEMENT is made and entered into as of this 18th day of September, 2018, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and THE CROSSING, A NETWORK OF COMMUNITY CHURCH'S INCORPORATED hereinafter referred to as "The Crossing WITNESSETH WHEREAS, on September 12, 2014, The Crossing, received approval from the Planning and Development Services Director for a Minor Adjustment to an existing site plan for The Crossing — Oleander Avenue Campus for the property described below: BEGINNING AT A STAKE AT THE CENTER OF OLEANDER AVENUE AND FOURTH STREET, ACCORDING TO THE PLAT OF WHITE CITY, BEING RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN EAST 1060 FEET; THENCE RUN NORTH 495 FEET; THENCE RUN WEST 1060 FEETTO THE CENTER OF OLEANDER AVENUE; THENCE RUN SOUTH 495 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND, TO WIT: BEGINNING AT THE INTERSECTION OF OLEANDER AVENUE AND FOURTH STREET, RUN EAST 400 FEET; THENCE RUN NORTH 217.5 FEET; THENCE RUN WEST 400 FEET TO THE CENTER OF OLEANDER AVENUE; THENCE RUN SOUTH ALONG THE CENTER OF OLEANDER AVENUE 217.5 FEET TO THE POINT OF BEGINNING. AND ALSO THE WEST 36 FEET THEREOF. and, WHEREAS, Condition Number 1 of PDS Order No. 14-042, required The Crossing convey to St. Lucie County, 32' of road right-of-way, as further described in the attached Exhibit "A" (the "Dedication"), along Oleander Avenue (a County arterial/collector roadway) street frontage for additional right-of-way needs associated with the future expansion of Oleander Avenue; and, WHEREAS, on September 2, 2014, The Crossing dedicated to St. Lucie County 32' of road right-of-way on Oleander Avenue. RIF 2018-01 Page 1 WHEREAS, St. Lucie County has adopted a "Road Impact Fee Ordinance" which imposes impact fees relating to the need for future improvements and additions to the County Road System; and, WHEREAS, Section 24-264(c) of the St. Lucie County Code of Ordinances provides for the County Commission to consider the granting of credits for the donation of non -site related right-of-way along those roadways that meet a transportation capital need as identified in the County's Comprehensive Plan or in the County Metropolitan Planning Organization Roads Impact Fee Eligibility Networks; and, WHEREAS, Oleander Avenue is a arterial/collector roadway as identified in the St. Lucie County Comprehensive Plan, and; WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to Oleander Avenue in order to accommodate future growth as set forth in the St. Lucie County Comprehensive Plan; 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, including reasonable costs associated with the conveyance of the right- of-way property to the County, that is eligible for consideration of Road Impact Fee Credit is: $5,175.69 WHEREAS, The Crossing is desirous of establishing the general method and amount of Credit that The Crossing shall be entitled to for value and costs associated with the right-of-way donation. 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 recitals are true and correct and are made a part of this Agreement by reference. Section 2. Amount of Impact Fee Credit. The Crossing is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Five thousand one hundred seventy five dollars and 69/100 ($5,175.69), under the criteria set forth in Section 24-264(c) of the Code of Ordinances of St. Lucie County for the donation of certain right-of-way along Oleander Avenue. Section 3. Limitation of Credit. The credit established by this agreement is limited solely to the property described below: RIF 2018-01 Page 2 BEGINNING AT A STAKE AT THE CENTER OF OLEANDER AVENUE AND FOURTH STREET, ACCORDING TO THE PLAT OF WHITE CITY, BEING RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN EAST 1060 FEET; THENCE RUN NORTH 495 FEET; THENCE RUN WEST 1060 FEET TO THE CENTER OF OLEANDER AVENUE; THENCE RUN SOUTH 495 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND, TO WIT: BEGINNING AT THE INTERSECTION OF OLEANDER AVENUE AND FOURTH STREET, RUN EAST 400 FEET; THENCE RUN NORTH 217.5 FEET; THENCE RUN WEST 400 FEET TO THE CENTER OF OLEANDER AVENUE; THENCE RUN SOUTH ALONG THE CENTER OF OLEANDER AVENUE 217.5 FEET TO THE POINT OF BEGINNING. AND ALSO THE WEST 36 FEET THEREOF. and, is not transferable to any other property owned by The Crossing in St. Lucie County. The credit granted through this agreement may only be applied against the required Roads Impact Fees to be collected from this site and shall not be transferable as a credit against other impact fees imposed for purposes other than roads. Section 4. Assignability of Credits. The Crossing 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 The Crossing 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 2300 Virginia Avenue Fort Pierce, Florida 34982 Section S. Recordability of Agreement. With copy to: County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 This Agreement shall be recorded by St. Lucie County in the Public Records of St. Lucie County and shall be binding upon The Crossing and any successors in interest and title to the property described in Section 3 above. Section 6. 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. RIF 2018-01 Page 3 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: "',- OF, a1. 1 r - ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED"AS TO FORM AND CORRECTNESS [ go to next page ] RIF 2018-01 Page 4 County A THE CROSSING, A NETWORK OF COMMUNITY CHURCH'S INCORPORATED, a Florida Non -Profit Corporation By: av& Print Na j ��(�fL nl <` l ��cper5 Title: Witness: STATE OF FLORIDA COUNTY OF ST. LUCIE BEFORE ME, the undersigned authority, personally appeared Fic--v• Ll. Lr lfon 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/her knowledge, information, and belief. He/she personally appeared before me, is personally known to me, or produced as identification. Sworn to and subscribed before me on this 9 day of 2018. NOTARY PUB My Commission Expires: VAY PO "', Maria A.F.-Campos i"-, ; n COMMISSION OFF924462 EXPIRES: October 5, 2019 wwAARONNOTARY.COM F1 lit RIF 2018-01 Page S EXHIBIT "A" A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 32 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND RECORDED IN OFFICIAL RECORD BOOK 3336 AT PAGE 2266 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; BEGINNING AT A STAKE AT THE CENTER OF OLEANDER AVENUE AND FOURTH STREET, ACCORDING TO THE PLAT OF WHITE CITY, BEING RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, THENCE RUN EAST 1060 FEET; THENCE RUN NORTH 495 FEET; THENCE RUN WEST 1060 FEET TO THE CENTER OF OLEANDER AVENUE; THENCE RUN SOUTH 495 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND, TO WIT: BEGINNING AT THE INTERSECTION OF OLEANDER AVENUE AND FOURTH STREET, RUN EAST 400 FEET; THENCE RUN NORTH 217.5 FEET; THENCE RUN WEST 400 FEET TO THE CENTER OF OLEANDER AVENUE; THENCE RUN SOUTH ALONG THE CENTER OF OLEANDER AVENUE 217.5 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE WEST 36 FEET THEREOF. SAID PARCEL CONTAINING 8,893.1 SQUARE FEET, MORE OR LESS. RIF 2018-01 Page 6