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Home My WebLink About2021-006 - Panelli Fort Pierce, LLC MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4949019 11/08/2021 03:54:45 PM DR BOOK 4716 PAGE 2524-2529 Doc Type:AGR RECORDING: $52.50 RIF 2021-006 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND PANELLI FORT PIERCE, LLC IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG SOUTH JENKINS ROAD. THIS AGREEMENT is made and entered into as of this 0/ 15� day of Se \ - ,2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and Panelli Fort Pierce, LLC, whose address is 6499 Powerline Road Suite 101, Fort Lauderdale, FL 33309, hereinafter referred to as "PANELLI". WITNESSETH WHEREAS, on April 13, 2021, PANELLI received Site Plan approval from St. Lucie County for the property described below: LEGAL DESCRIPTION: Lot 14, Midway Industrial Park—Phase III—South, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 40 through 41, of the Public Records of St. Lucie County, Florida. Parcel ID 3406-502-0009-000-9 and, WHEREAS, PDS Order No. 2021-018, required PANELLI convey to St. Lucie County,20'along South Jenkins Road as further described in the attached Exhibit "A" (the "Dedication"), for additional right-of- way needs;and, WHEREAS, on September 21, 2021, PANELLI dedicated to St. Lucie County, 20' of road right-of- way on South Jenkins Road via Warranty Deed. 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,South Jenkins Road is identified in the St. Lucie County Comprehensive Plan, and; RIF 2021-006 Page 1 WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to South Jenkins 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: Fuller-Armfield-Wagner Value of the Right-of-Way =$20,160 Appraisal Cost,Title,Sketch& Legal, Environmental Assessment = $5,742.05 Total Land Value $25,902.05 $25,902.05 WHEREAS, PANELLI is desirous of establishing the general method and amount of Credit that PANELLI 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 PANELLI 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: RIF 2021-006 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. PANELLI is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Twenty-Five Thousand Nine Hundred Two and 05/100($25,902.05),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 South Jenkins Road. Section 3. Limitation of Credit. Except as provided in Section 4 below, the credit established by this agreement is limited solely to the property described below: LEGAL DESCRIPTION:Lot 14,Midway Industrial Park—Phase III—South,according to the map or plat thereof,as recorded in Plat Book 45, Page(s)40 through 41,of the Public Records of St. Lucie County, Florida. Parcel ID 3406-502-0009-000-9 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 the November 1, 2019 effective date of the Roads Impact Fee Rate Increase 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 PANELLI receives any amount of Credits is hereinafter referred to as a "Credits Receipt Date". b. When PANELLI 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 that was in effect and payable by PANELLI 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 PANELLI prior to the rate decrease. RIF 2021-006 Page 3 Section 4. Transferability and Assignability of Road Impact Fee Credits Pursuant to s. 163.31801(8), Fla. Stat. (2020), Road Impact Fee Credits are assignable and transferable at any time after establishment from one development or parcel to any other located within the same impact fee zone as the Property, as referenced by St. Lucie County Code Section 24-261(a), or that is within an adjoining impact fee zone within St. Lucie County that receives benefits from one or more of the Creditable Improvements specified in Section 2 of this Agreement. If a Road Impact Fee Credit is proposed for use in an adjoining impact fee zone, PANELLI shall provide notice by certified mail to the St. Lucie County Administrator with a copy to the County Attorney to the address shown below no less than ten (10) business days, as documented by courier receipt, prior to execution of an assignment of said Road Impact Fee Credit, and the St. Lucie County Administrator or designee shall confirm in writing within five (5) business days, as documented by courier receipt, following receipt of the notice whether St. Lucie County objects to the use of the Road Impact Fee Credit based on compliance with statutory requirements. If St. Lucie County does not provide a response, the use of the Road Impact Fee Credit in the adjoining impact fee zone shall be deemed acceptable. If St. Lucie County objects, the Parties shall meet in a good faith effort to resolve the objection. PANELLI shall provide documentation to St. Lucie County of any executed assignment of Road Impact Fee Credits to an assignee for transfer and use on a parcel other than the Property. PANELLI shall reserve sufficient Road Impact Fee Credits to support development within the Property. 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 PANELLI 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 2021-006 Page 4 Signed, sealed and delivered in the presence of: ST. LUCIE COUNTY ATTEST: BOARD OF COUNTY COMM TONERS t 1 l 01Coy A. . 4 . .�' 41�� By: Deputy Clerk G ;"' W ha' * `Ci: A,0 Z f \ APPROVED A T FORM AND RECTNESS 'i 4. c%GNrr,FtgAte County Attorn iaHAlifiedPANELLI FORT PIERCE, LLC Witness t7i..- t e ti tf,""5 B : � t4/ CUACt itness me It's &i /6 t T cc/A —77S( �}r�l� . /7 U. /)/ /../e/IP--tiv•7— . (a Print Name STATE OF FLORIDA COUNTY OF ST. tttCU kf`A"''/ �, .'e" G66-bYr,cR 1ctk.0. k-kAr ' The foregoing instrument was acknowledged before me by means of [ ] physicresence oriN online notarization, this C)1 \ vd` 2. (date), by of Panelli Fort Pierce, LLC, a Florida Corporation,on behalf of the corporation. He/she is personally known to me or had produced as identification. --- C::'D—t (j21- -\,--- _ [Notary Seal) Notary Sigiature _ _ l ` \----t kil Z r^ 1 I": ;:,t;:"4Z; TERRIHINZMAN Name Printed II MY COMMISSION#GG 214256 RIF 2021-006 ;;W'a.'o:' EXPIRES:May 5,2022 Page 5 e•°"`O•P Bonded Pre No Public Underwriters EXHIBIT A SITE LEGAL DESCRIPTION: The West 20.00 feet of Lot 14, Midway Industrial Park — Phase III —South, according to the map or plat thereof, as recorded in Plat Book 45, Page(s) 40 through 41, of the Public Records of St. Lucie County, Florida. Containing 6,661.01 square feet (0.15 Acres), more or less. Parcel ID 3406-502-0009-000-9 S:\ACQ\WP\Road Impact Fee Credit Agreements\Wolflube-South Jenkins Road\Road Impact Fee Credit Agreement Wolflube.docx RIF 2021-006 Page 6