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Home My WebLink About2021-003 - Betkor Properties LLC & Jenack III, LLC (A-1 Roof Truss) RIF 2021-003 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND BETKOR PROPERTIES, L.L.C.AND JENACK III, L.L.C. IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG ST. LUCIE BOULEVARD AND SAPP ROAD THIS AGREEMENT is made and entered into as of this /7 day of/fl ,2L I , 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and BETKOR PROPERTIES, L.L.C., a Florida Limited Liability Company, and JENACK III, L.L.C., a Florida Limited Liability Company, whose address is 13860 Wellington Trace, Suite 38-204, Wellington, Florida 33414, hereinafter referred to as "A-1 ROOF". WITNESSETH WHEREAS, on January 14, 2020, A-1 ROOF received site plan approval from St. Lucie County for the property described below: LEGAL DESCRIPTION: SECTION 31,TOWNSHIP 34 SOUTH, RANGE 40 EAST-THE W 1/2 OF NE 1/4 OF NE 1/4- LESS N 118 FT FOR RD AND CANAL RS/W- (18.62 AC) (OR 1335- 2036) Parcel ID 1431-112-0001-000-8 LEGAL DESCRIPTION: SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST - THE E 1/2 OF NE 1/4 OF NE 1/4-LESS N 1023.13 FT AND LESS E 30 FT-(4.53 AC) MKMELLE R. ,CLERK OF THE CIRCUIT COURT Parcel ID 1431-114-0001-000-4 SAINT WCIE COUNTYMILLER FILE# 4842538 04/05/2021 05:22:58 PM OR BOOK 4584 PAGE 2878-2883 Doc Type:AGR RECORDING: $52.50 and, WHEREAS, Resolution No. 2020-05, required A-1 ROOF convey to St. Lucie County, 30' along St. Lucie Boulevard, as further described in the attached Exhibit "A" (the "Dedication"), and 5' along Sapp Road, as further described in the attached Exhibit "B" (the "Dedication"), for additional right-of-way needs; and, WHEREAS, on February 2, 2021, A-1 ROOF dedicated to St. Lucie County, 30' along St. Lucie Boulevard and 5' along Sapp 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, RIF 2021-003 Page 1 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, St. Lucie Boulevard is 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 St. Lucie Boulevard 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: Assessed value of right-of-way donation=$71,819.54887 x 0.4594283 =$32,995.94 $45,907.28477 x 0.0356095 = $ 1,634.74 $34,630.68 WHEREAS,A-1 ROOF is desirous of establishing the general method and amount of Credit that A- 1 ROOF shall be entitled to for value and costs associated with the right-of-way donation. WHEREAS, Chapter No. 2019-165, Laws of Florida, which became effective on June 28, 2019, provides in relevant part as follows with respect to impact fee credits (the "Impact Fee Credit Law") and applies to the Credits: If a local government increases its impact fee rates, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. This subsection shall operate prospectively and not retrospectively. WHEREAS,the County increased some of its Roads Impact Fee rates effective November 1, 2019 (the "Roads Impact Fee Rate Increase") by virtue of Ordinance No. 19-012, which was adopted by the St. Lucie County Commission on July 2, 2019 (the "Ordinance"); and, WHEREAS,the County and A-1 ROOF now desire to document how the Impact Fee Credit Law will be applied to the Credits in connection with any future increases in road impact fee rates (including, without limitation, any annual increases in such rates based on changes in the Consumer Price Index). 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: RAF 2021-003 Page 2 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. A-1 ROOF is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Thirty-Four Thousand Six Hundred Thirty and 68/100($34,630.68), 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 St. Lucie Boulevard. Section 3. Limitation of Credit. The credit established by this agreement is limited solely to the property described below: LEGAL DESCRIPTION: SECTION 31,TOWNSHIP 34 SOUTH, RANGE 40 EAST-THE W 1/2 OF NE 1/4 OF NE 1/4 - LESS N 118 FT FOR RD AND CANAL RS/W- (18.62 AC) (OR 1335- 2036) Parcel ID 1431-112-0001-000-8 LEGAL DESCRIPTION: SECTION 31, TOWNSHIP 34 SOUTH, RANGE 40 EAST - THE E 1/2 OF NE 1/4 OF NE 1/4- LESS N 1023.13 FT AND LESS E 30 FT-(4.53 AC) Parcel ID 1431-114-0001-000-4 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. The Impact Fee Credit Law will be applied to the Credits as follows in connection with the Roads Impact Fee Rate Increase and any future increases in Roads Impact Fee Rates (including, without limitation, any annual increases in such rates based on changes in the Consumer Price Index): a. For purposes of this Section,the Credits existing as of February 2, 2021 are hereinafter referred to as the "Existing Credits", and Credits which may be received under the Agreement in the future are hereinafter referred to as "Future Credits". The date that A-1 ROOF receives any amount of Credits is hereinafter referred to as a "Credits Receipt Date". b. When A-1 ROOF uses Credits: (i) as to any impact fee rates which are increased after the Credits Receipt Date for such Credits, the Credits will be applied against the applicable impact fee rate RIF 2021-003 Page 3 that was in effect and payable by the A-1 ROOF prior to the rate increase,and (ii)as to any impact fee rates which are decreased after the Credits Receipt Date for such Credits,the Credits will be applied against the decreased impact fee rate in lieu of the rate that was in effect and payable by the A-1 ROOF prior to the rate decrease. Section 4. Assignability of Credits/Applicability. A-1 ROOF 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. Pursuant to Chapter 2020-58, Laws of Florida, Impact Fee Credits are assignable and transferable at any time after establishment from one development or parcel to any other that is within the same impact fee zone or that is within an adjoining impact fee zone or impact fee district within St. Lucie County and receives benefits from the improvement or contribution that generated the credits. Before the assignment is effective, a copy of the assignment shall be provided by A-1 ROOF 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, Florida 34982 Section 5. 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 A-1 ROOF 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. RIF 2021-003 Page 4 Signed, sealed and delivered in the presence of: ST. LUCIE COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS 1 - /iC--- 1/LA k.iA - /.4 COP4 By: Deputy Clerk Oa) ��S Chair at a I� f6o ye APPROVED AS TO FORM AND CORRECTNESS -Airy.FLO- County Attor Witness: BETKOR PROPERTIES, L.L.C., a Florida 3._ Limited Liability Company P .nt Na _ .3£- kk_sa_- rI1ct1/4..� By: r-.6kM\ et._f (7910o.eVik.A; t(9ug hOvv. Print Name: ¢-10v\GI,A/ Its: eas im AY STATE OF F ID COUNTY OF The foregoing instrument was acknowledged before me by means of X, physical presence or online notarization, this (-1 day of N1 d-4- , 2021, by '- fC as c of BETKOR PROPERTIES, L.L.C., a Florida Limited Liattliy Company, on behalf of the Company, who is personally known to me or has duced N as identification. [ Notary Seal ] Sign Or tary Public Lie"""' PAIGE PEELS «' z° e�'_Notary Public-State of Florida Print Name ,t -��- " Commission#GG 266219 ---;;;;,,,,,„(zip My Commission Expires October 14,2022 RIF 2021-003 Page 5 Witness: JENACK III, L.L.C., a Florida Limited Liability Company ri t Name: Q-9--- yC� By: GJVVN /f. Print N me: ! Ov"\ ()_ lA av,/ ,Its: STATE OF FLORIDA COUNTY OF • \ c 1-k The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 1'\ day of Mpoz.ctk , 2021, by I . as '--k--cri,They of JENACK III, L.L.C., a Florida Limited Lia ility Com•.ny on behalf of the Company, who is personally known to me or has produced as identification. L_ Q [ Notary Seal ] igl,Jtur tary Public KWIC Etf- Print Name E E _ Notary PublicPAIG PEEL State of Florida ' �� Commission#GG 266219 =% 'i'ioe?. My Commission Expires 'g i`oss October 14,2022 S:\ACQ\WP\Road Impact Fee Credit Agreements\A-1 Roof\Road Impact Fee Credit Agreement.docx RIF 2021-003 Page 6