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Home My WebLink About2020-001 - S.R. Bacher Enterprises, LLC (KOA Campground)JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4697664 04/0912020 04:10:38 PM OR BOOK 4407 PAGE 1908 -1911 Doe Type: AGR RECORDING: $35.50 RIF 2020-01 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND S. R. BACHER ENTERPRISES, LLC IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG JENKINS ROAD, EDWARDS ROAD AND MCNEIL ROAD THIS AGREEMENT is made and entered into as of this 1711 day of March , 2020, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and S. R. BACHER ENTERPRISES, LLC, a Florida Limited Liability Company, whose address is 1821 North U.S. Highway 1, Fort Pierce, Florida 34946, hereinafter referred to as "KOA". WITNESSETH WHEREAS, on March 19, 2018, KOA, received site plan approval from the City of Fort Pierce for the KOA property described below: 30 35 40 SOUTH 1/2 OF NW 1/4 OF NE 1/4 OF NW 1/4 AND NORTH 1/2 OF SOUTH 1/2 OF NE 1/4 OF NW 1/4 LESS EAST 33 FEET AND SW 1/4 OF SW 1/4 OF NE 1/4 OF NW 1/4 LESS SOUTH 33 FEET AND NW 1/4 OF NW 1/4 LESS WEST 40 FEET AND LESS SOUTH 33 FEET (34) (52.80 AC) (OR 4063-119) Parcel ID 2430-212-0001-000-5 and, WHEREAS, Ordinance No. 2018-007, required KOA convey to St. Lucie County, 40' of road right-of-way on Jenkins Road, 47' of road right-of-way on Edwards Road and 7' of road right-of-way on McNeil Road, as further described in the attached Exhibit "A" (the "Dedication"), for additional right-of-way needs; and, WHEREAS, on March 17, 2020, KOA dedicated to St. Lucie County the 40' of road right-of-way on Jenkins Road, 47'of road right-of-way on Edwards Road and 7' of road right-of-way on McNeil Road and, 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, Jenkins Road, Edwards Road and McNeil Road are identified in the St. Lucie County Comprehensive Plan, and; RIF 2020-01 Page 1 WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to Jenkins Road, Edwards Road and McNeil Road 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: $77,281.00 WHEREAS, KOA is desirous of establishing the general method and amount of Credit that KOA 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. KOA is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Seventy Seven thousand two hundred eighty-one dollars and 00/100 ($77,281.00), 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 Jenkins Road, Edwards Road and McNeil Road. Section 3. Limitation of Credit. The credit established by this agreement is limited solely to the property described below: 30 35 40 SOUTH 1/2 OF NW 1/4 OF NE 1/4 OF NW 1/4 AND NORTH 1/2 OF SOUTH 1/2 OF NE 1/4 OF NW 1/4 LESS EAST 33 FEET AND SW 1/4 OF SW 1/4 OF NE 1/4 OF NW 1/4 LESS SOUTH 33 FEET AND NW 1/4 OF NW 1/4 LESS WEST 40 FEET AND LESS SOUTH 33 FEET (34) (52.80 AC) (OR 4063-119) Parcel ID 2430-212-0001-000-5 and, is not transferable to any other property owned by KOA. 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. RIF 2020-01 Page 2 Section 4. Assignability of Credits. KOA 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 KOA 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 5. 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 KOA 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. 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: 4 a"ILL2,464 Deity Clerk V ca go z ��F coGHry, FLO ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Cw�w' I&A44 hair APPROVED TO FORM AND CORRECTNESS my RIF 2020-01 Page 3 Witness: !��- - i al - P t Name: �l -Z I vll�f Print Name:; STATE OF FLORIDA COUNTY OF ST. LUCIE S. R. BACHER ENTERPRISES, LLC, a New N/ exico Limited Liability Company i By: Brian Bacher Its: Authorized Member The foregoing instrument was acknowledged before me by means of physical presence, this day of 2020, by BRIAN BACHER as Authorized Member of S. R. BACHER ENTERPRISES, LLC, a New Mexico Limited Liability Company, on behalf of the Company, wh is personal known to or has produced as identification SARAH BREHENY HOOD Commission # GG 113203 �pc Expires October 0, 2021 • Bonded Thru Troy Fain Insurance 800 385 7019 [ Notary Seal Notary Public My Commission Expires:l()<3 1 aoa RIF 2019-03 Page 4 02761694.vl