Loading...
HomeMy WebLinkAboutTradition CDD Assignment of Public Road Credits to Mattamy This instrument prepared by(and return to) Daniel B.Harrell Gonano&Harrell TD Bank Building 1600 S.Federal Highway,Suite 200 Fort Pierce.FL 34950-5178 (772)464-1032 Ext. 1010 ASSIGNMENT AND TRANSFER OF PUBLIC ROAD CREDITS TO MATTAMY PALM BEACH LLC AND PORT ST.LUCIE GOVERNMENTAL FINANCE CORPORATION THIS ASSIGNMENT AND TRANSFER is made FROM Tradition Community De- velopment District No. 1, a community development district organized and existing in accord- ance with Chapter 190, Florida Statutes ("Tradition District No. I"), acting in accordance with the Amended and Restated District Development Interlocal Agreement dated as of April 8, 2008, and recorded in Official Records Book 2983, Page 1074, of the Public Records of St. Lucie County, Florida, as amended ("District Interlocal Agreement"), by and under delegated authority from each of the Districts (as defined in the District InterlocaI Agreement, here,the "Tradition Districts"), TO Mattamy Palm Beach LLC, a Delaware limited liability company ("Mattamy"), AND Port St. Lucie Governmental Finance Corporation, a Florida corporation not for profit ("GFC"),WITH THE CONCURRENCE OF Southern Grove Community Development District No. 1 ("SG District No. 1"), Southern Grove Community Development District No. 2 ("SG Dis- trict No. 2"), Southern Grove Community Development District No. 3 ("SG District No. 3"), Southern Grove Community Development District No. 4 ("SG District No. 4"), Southern Grove Community Development District No. 5 ("SG District No. 5"), and Southern Grove Community Development District No. 6 ("SG District No. 6," and, collectively with SG District No. 1, SG District No. 2, SG District No. 3, SG District No. 4, and SG District No. 5, the "SG Districts"), each a community development district organized and existing in accordance with Chapter 190, Florida Statutes. RECITALS A. In accordance with that certain Settlement Agreement Including Impact Fee Cred- it Agreement dated October 16, 2007 ("Settlement Agreement"), by and between St. Lucie County, Florida ("County") and Core Communities, LLC, through its affiliates, Horizons St. Lucie Development, LLC, Horizons Acquisition 5, LLC, and Tradition Development Company, LLC, each a Florida limited liability company, their successors and assigns (collectively, the "Prior Developer"), the County has or will make certain road impact fee credits ("Road Credits") available as a result of the construction of certain road improvements ("Road Improvements") and the donation of certain rights-of-way ("ROW Donations") in connection with development of the mixed-use communities known as "Tradition," "Southern Grove," and "Western Grove" (collectively,the"Communities"). B. The Road Credits are available for allocation solely to the developable properties located within the Communities ("Benefitted Properties"): the Benefitted Properties within the Tradition and Western Grove communities are located entirely within the geographical bounda- ries of the Tradition Districts, and the Benefitted Properties within the Southern Grove Commu- nity are located entirely within the geographical boundaries of the SG Districts. TRA 1513001 CDD1 to Mattamy Road Imp Fee Credit ASN(V4 CL) C. In accordance with the Settlement Agreement, in the event any of the Road Im- provements giving rise to Road Credits were, or in the future are, financed by a community de- velopment district or special assessment district either directly or through acquisition from the Prior Developer("Public Road Credits"),such Public Road Credits may be assigned by the Prior Developer, or granted directly by the County, to a public entity upon direction from the Prior Developer by written instrument in recordable form. D. By that certain Assignment and Direction dated January 27,2009, and recorded in Official Records Book 3065, Pages 1878-1919,of the Public Records of St. Lucie County, Flori- da("Assignment and Direction"), the Prior Developer and Tradition District No. 1,with the con- currence of the SG Districts, agreed that all Public Road Credits that were at such time or would in the future become available under the Settlement Agreement should be assigned to Tradition District No. I for allocation and assignment to owners of Benefitting Properties on a fair and uni- form basis, in accordance with the Methodology for the Distribution of Impact Fee Credits to Benefiting Properties attached as Exhibit A to the Assignment and Direction. E. In June 2018, the Prior Developer conveyed to Mattamy and GFC the Prior De- veloper's holdings in the Benefitting Properties. F. Tradition District No. I, Mattamy,and GFC,with the concurrence of the SG Dis- tricts, agree that all Public Road Credits that are currently or will in the future become available under the Settlement Agreement should be assigned and transferred to Mattamy and GFC, in the proportions of sixty-five percent (65%) to Mattamy and thirty-five percent (35%) to GFC, for allocation and assignment of their respective shares of the Public Road Credits to owners of Benefitting Properties in such manner as Mattamy,GFC, and the County may agree. NOW, THEREFORE, in consideration of the mutual promises and other consideration contained herein,and intending to be legally bound hereby,the parties agree as follows: )L. Recitals. The recitals set forth above are true and correct and incorporated herein by reference. 2. Assignment and Transfer of Public Road Credits. (a) Tradition District No. I hereby (i) assigns to Mattamy sixty-five percent (65%) and to GFC thirty-five percent(35%)of any and all rights received in accordance with the Assignment and Direction,including but not limited to any and all estate, right,title, interest,and claim whatsoever that Tradition District No. I has or may have to receive Public Road Credits from the County in accordance with the Settlement Agreement, and (ii) transfers, cedes, relin- quishes, and surrenders to Mattamy sixty-five percent (65%) and to GFC thirty-five percent (35%) of all Public Road Credits that are or may become available now or in the future as pro- vided in the Settlement Agreement, such assignment and transfer of the Public Road Credits for purposes of enabling Mattamy and GFC to allocate and assign their respective shares of such Public Road Credits to persons and entities owning Benefitting Properties in such manner as Mattamy,GFC,and the County may agree. TRA 1513001 CDi7I to Mattamy Road Imp Fee Credit ASN(V4 CL) 2 (b) As of the date of this Assignment and Transfer, the total amount of the Public Road Credits hereby assigned to Mattamy and GFC is $12 . . , allocated $ 4' 12. ,' . y. to Mattamy and$ ', S' .3 -79/. 5 9 to GFC. (c) Tradition District No. 1, for itself and its successors and assigns, agrees to cooperate with Mattamy and GFC to effect the meaning and intent of this Assignment and Trans- fer, and to execute such further instruments as may be reasonably required to give full force to, and to implement the terms and conditions of,this Assignment and Transfer. (d) This Assignment and Transfer is undertaken by Tradition District No. I without any representation or warranty to Mattamy or GFC concerning the estate, right, title, in- terest, or claim regarding Public Road Credits that may be available from the County in accord- ance with the Settlement Agreement. 3. Effective Date. This Assignment and Transfer shall become effective upon the last date of execution by or on behalf of(a) Tradition District No. 1, granting such Assignment and Transfer, (b) Mattamy, accepting its proportionate share of the Assignment and Transfer, (c) GFC, accepting its proportionate share of the Assignment and Transfer, (d) each of the SG Dis- tricts, acknowledging concurrence in the Assignment and Transfer, and (e) the County,acknowl- edging its consent to the Assignment and Transfer. 4. Recording. Upon execution by all parties as provided above, the original of this Assignment and Transfer shall be recorded by Tradition District No. 1 in the Public Records of St. Lucie County, Florida. [Signatures on f ollowing page] • TRA 1513001 CDD1 to Mattamy Road Imp Fee Credit ASN(V4 CL) 3 DATED this /(, day of f,.e ,2020. At PEST: TRADITION COMMUNITY DEVELOPMENT-DISTRICT NO. 1 C / By: Secretary/Ass+s ary JEREMY GUNNER Chairman,Board of Supervisors STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of B'physical pres- ence or❑ online notarization this j{o day of ceal.be-" , 2020,by Jeremy Bunner, as Chairman of the Board of Supervisors of Tradition Community Development District No. 1. He: $is personally known to me, or ❑ has produced --- as identification. [Notary Seal] Notary Public-State of Florida r `�.. BELiiAIM FRANK SAKUMA,JR. Print Name: 3.0. 62, .-r. 1'r� k J5 =:� Notary Public-State of Florida 1 My commission expires: C 4 2 P?).-9 J t �,; Cortonission#GG 2118229 •: p..t1, My Comm.Expires.tan 2,2023 1 * * * TRA 1513001 CDD1 to Mattamy Road Imp Fee Credit ASN(V4 CL) 4 ACCEPTANCE OF ASSIGNMENT AND TRANSFER Mattamy.Palm Beach LLC hereby accepts the foregoing(a) assignment from Tradition District No. 1 of sixty-five percent (65%) of any and all rights received in accordance with the Assignment and Direction, including but not limited to sixty-five percent (65%) of any and all estate, right, title, interest, and claim whatsoever that Tradition District No. 1 has or may have to receive Public Road Credits from the County in accordance with the Settlement Agreement and (b) transfer, cession,relinquishment, and surrender by Tradition District No. 1 of sixty-five per- cent (65%) of all Public Road Credits that are or may become available now or in the future as provided in the Settlement Agreement, such assignment and transfer of sixty-five percent(65%) of the Public Road Credits for purposes of enabling Mattamy to allocate and assign its respective share of such Public Road Credits to persons and entities owning Beneftting Properties in such manner as Mattamy and the County may agree. DATED this day of ,� . ..:. ; Witnesses MATTAMY PALM LLC By: �-- P�int Print Name: • /z • Title: y Print'3' arrie: •., .. _ • STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 0-physical presence or El online notarization this •' day of t,:.-- 2020;1_ by , as _ .r.; _ _ of Mattamy Palm Beach LLC. He/she: ,Q is personally known to me,or 0 has produced as identification. [Notary Seal] Notary Public-State of i▪ ': ry Print Name: .: s az+:to My commission expires: • �:._•. ▪ -t Mr CRn�.rro+re.Jid Wo,zoxe kneed r minWong►oaryAssn. * * * TRA 1513001 CDD1 to Mattamy Road Imp fee Credit ASN(V4 CL) 5 ACCEPTANCE OF ASSIGNMENT AND TRANSFER Port St. Lucie Governmental Finance Corporation hereby accepts the foregoing (a) assignment from Tradition District No. I of thirty-five percent (35%) of any and all rights re- ceived in accordance with the Assignment and Direction, including but not limited to thirty-five percent(35%)of any and all estate, right,title, interest, and claim whatsoever that Tradition Dis- trict No. I has or may have to receive Public Road Credits from the County in accordance with the Settlement Agreement and (b) transfer, cession, relinquishment, and surrender by Tradition District No. 1 of thirty-five percent (35%) of all Public Road Credits that are or may become available now or in the future as provided in the Settlement Agreement, such assignment and transfer of thirty-five percent(35%) of the Public Road Credits for purposes of enabling GFC to allocate and assign its respective share of such Public Road Credits to persons and entities own- ing Benefitting Properties in such manner as GFC and the County may agree. DATED this .y,�day of L 1LP ,rtr` , 2020. Witnesses PORT ST.LUCIE GOVERNMENTAL FINANCE CORPORATION • t j tl/ �,6�iG r�� viJ•�ffC.1 / f � � // f/ By: Print Nani 1,1 &/ - �' ff Lf�- Print Nam S CSC /r yrt Title: r; Print Name: yC C.i'tf_, t Cx \ STATE OF iK,' •' '�i t i /4_ COUNTY OF `� � .�, . t' C - The foregoing instrument was acI n9wledged befoxe�me by means of l physical presence or 0 online notarization this ---t day of (i e:c:_' 41 ,1 , 2020, by .';1/`,A f.1 'c sr_,f„� , as - ` of Port St. Lucie Govern- rnental Finance Corporation. He/she: ,. 7'is personally known to me, or 0 has produced as identification. [ Notary Seal] ~''/j Lt; .C. G�,. G' 'r%y.' JG- Notar} uh ic-State of r'-111;4 Print Name: 7? :/f.'-; y; , ;n NARY ANN vERrLLo My commission expires: , -f' '` • 'r Notary P i '/fublic-State of Florida t Commission P GG 301946 •"ornS My Comm.Expires Jun 9,2023 Bonded throw National Notary Assn. TRA 1513001 CDD 1 to Mattamy Road Imp Fee Credit ASN(V4 CL) 6 CONCURRENCE OF SG DISTRICTS Southern Grove Community Development District No. 1, Southern Grove Commu- nity Development District No. 2, Southern Grove Community Development District No. 3, Southern Grove Community Development District No. 4, Southern Grove Community De- velopment District No. 5, and Southern Grove Community Development District No. 6 hereby concur in the foregoing (a) assignment from Tradition District No. I to Mattamy sixty- five percent (65%)and to GFC thirty-five percent(35%) of any and all rights received in accord- ance with the Assignment and Direction, including but not limited to any and all estate, right, title, interest, and claim whatsoever that Tradition District No. I has or may have to receive Pub- lic Road Credits from the County in accordance with the Settlement Agreement and (b) transfer, cession, relinquishment, and surrender by Tradition District No. 1 to Mattamy sixty-five percent (65%) and to GFC thirty-five percent (35%) of all Public Road Credits that are or may become available now or in the future as provided in the Settlement Agreement, such assignment and transfer of the Public Road Credits for purposes of enabling Mattamy and GFC to allocate and assign their respective shares of such Public Road Credits to persons and entities owning Bene- fitting Properties in such manner as Mattamy, GFC, and the County may agree. DATED this it,. day of ,ham ,2020. ATTEST: SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 1 Secretary/Assisterrt-Secretary JEREIVN BUNNER Chairman, Board of Supervisors • STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of lhysical presence or El online notarization this 1 t, day of ���b.A-r• , 2020, by Jeremy Bunner, as Chairman of the Board of Supervisors of the Southern Grove Community Development District No. 1. He: ais personally known to me,Or ❑ has produced as identification. 4 [Notary Seal] Notary Public-State of Florid Print Name: f .ji�, �—r .. J� -+R. ° �, >Notary P �, My commission expires: 6 q ®���p Public•state of Florida $Jr: Commission#GG 288224 a 7, my Comm.Expires Jan 2,2023 * * TRA 1513001 CDD1 to Mattamy Road Imp Fee Credit ASN(V4 CL) 7 ATTEST: SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO.2 By:. _�.. . _. Secretary/A JEREMY GUNNER Chairman,Board of Supervisors STATE OF FLORIDA COUNTY OF ST.LUCIE The foregoing instrument was acknowledged before me by means of E{physical presence or Cl online notarization this pd day of "7,2 , 2020, by Jeremy Bunner, as Chairman of the Board of Supervisors of the Southern Grove Community Development District No.2. He: is personally known to me, or O has produced as identification. [Notary Seal] Notary Public-State of Florida Print Name: +_hte•w ,i 4 BELNAIM FRANK S MO ,JR. stateorFtor;�x My commission expires: C Q L+ 2-2.•s s Notary Public ciel Commission C GG Ming „fir My Comm.Expires Jan 2,2023 * * x • TRA 1513001 CDD1 to lvlattany Road Imp Fee Credit ASN(V4 CL) 8 • ATTEST: SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO.3 --- _� By:. Secretary/Assioant Se retary JEREMY BUNNER Chairman, Board of Supervisors STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of 2 hysical presence or ❑ online notarization this ((L day of_ 1��e.e.4,te , 2020, by Jeremy Bunner, as Chairman of the Board of Supervisors of the Southern Grove Community Development District No. 3. He: Ks personally known to me, or ❑ has produced as identification. {Notary Seal] Notary Public-State of Florida Print Name: + /120,sa. 047t. � ,FRANK saxun�a. �. My commission expires: c c 1: • % Notary Public-State of f tondo te= Commission 0 GG 28is229 •�Pr•••, My Comm.Expires Jan 2,2023 x t • • TRA 1513001 CDD I to Mattamy Road Imp Fee Credit ASN(V4 CL) 9 A'1TEST: SOUTHERN GROVE CO1IUNITY DEVELOP-MENT_.ILSTRICT NO. 4 By:. Secretary/A JEREMY BUNNER Chairman,Board of Supervisors • STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means otig-physical presence or D online notarization this tie day of 7o�a .�, � , 2020, by Jeremy Bunner, as Chairman of the Board of Supervisors of the Southern Grove Community Development District No.4. He: Q.-l.'s—personally known to me, or ❑ has produced as identification. [Notary Seal] 3---� Notary Public-State of Florid, PRANK saxuMa.JR. Print Name: r� rsEt �?ft =3 Notary public-State of Florida My commission expires: f 2B7?1. 1 • t ri` co m�iii�#r,G 288229 :'atr�' My Can.Expires Jan 2,2023 * 7C * TRA 1513001 CDD1 to Mattamy Road Imp Fee Credit ASN(V4 CL) 10 ATTEST: SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 5 - By:. Secretary/Assiatacit Secretary JEREMY BURNER Chairman,Board of Supervisors STATE OF FLORIDA COUNTY OF ST.LUCIE The foregoing instrument was acknowledged before me by means of'physical presence or El online notarization this/i. day of r ,. �; , 2020, by Jeremy Bunner, as Chairman of the Board of Supervisors of the Southern Grove Community Development District No. 5. He: ©personally known to me, or ❑ has produced _ as identification. [Notary Seal Notary Public-State of Florida Print Name: : r °�"w•, aELHMM FRANKSnscU►�a,sR My commission expires: 6.4: 1-64,2-z i !ay:: Notary Public-State of Florida Commiss #GG 787.. My Comm.Expires J22 3 TRA 1513001 CDD1 to Mattamy Road Imp Fee Credit ASN(V4 CL) 11 • ATTEST: SOUTHERN GROVE COMMUNITY DEVELOPMENT DISTRICT NO. 6 '----..__ By:. Secretary/Assistant Secretary — JEREMY BUNNER Chairman, Board of Supervisors STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of IL-physical presence or 0 online notarization this j(, day of p_, Ce ,, , 2020, by Jeremy Bunner, as Chairman of the Board of Supervisors of the Southern Grove Community Development District No. 1. He: Errs-personally known to me,or ❑has produced as identification. [Notary Seal] Notary Public-State of Florida y— Print Name: ) i....�+` �.... 34. ( •+ BELHAW FRANK SAKUMA,JR. I Mycommission expires: ae ,AB� 2 f• " :: P � 9 :• � Notary Public-State of Florida � tammission t GG 28B229 1 A iii .°Fr' My Comm.ExpresJan 2,202a : * * • TRA 1513001 CDDI to Mattamy Road Imp Fee Credit ASN(V4 CL) 12 CONSENT OF ST. LUCIE COUNTY St. Lucie County, Florida, a political subdivision of the State of Florida, does hereby consent to the foregoing (a) assignment from Tradition District No. I to Mattamy sixty-five per- cent (65%) and to GFC thirty-five percent (35%) of any and all rights received in accordance with the Assignment and Direction, including but not limited to any and all estate, right, title, interest, and claim whatsoever that Tradition District No. l has or may have to receive Public Road Credits from the County in accordance with the Settlement Agreement and (b) transfer, cession, relinquishment, and surrender by Tradition District No. I to Mattamy sixty-five percent (65%) and to GFC thirty-five percent (35%) of all Public Road Credits that are or may become available now or in the future as provided in the Settlement Agreement, such assignment and transfer of the Public Road Credits for purposes of enabling Mattamy and GFC to allocate and assign their respective shares of such Public Road Credits to persons and entities owning Bene- fitting Properties in such manner as Mattamy, GFC, and the County may agree. DATED this , day of 111iL &T ,202 f. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA atiftitP By: e94201( Clerk QJ .1•4 C04/ � CHRIS DZADOVSKY, Chair V �� Approv-d as to Form - �u Correctness: j ' Z ti Ri , 414 / 0 k %colrY Rose Danielc my County Attorn- STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of t2'physical presence or E online notarization this a.,day of Ana/i,� � , 2024, by Chris Dzadovsky, as Chair of til Board of County Commissioners of St. Lucie County. He: E s personally known to me, or ❑ has produced -- as identification. 11( [Notary Seal] C.UJl.4+�1� 1/3 /a4 Notary Public-State of Florida ry ' - ---- CAROL A BISHOP I Print Name: I 4 Notary Public State of Florida My commission expires: : 1'de Commission N GG 972536 I :??:i;F o... My Comm.Expires May 26,2024 Bonded through National Notary Assn. p TRA 1513001 CDD1 to Mattarny Road Imp Fee Credit ASN(V4 CL) 13