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Home My WebLink About2021-004 - Tindall Holdings II LLC RIF 2021-004 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND TINDALL HOLDINGS II LLC IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG ORANGE AVENUE AND CAMPBELL ROAD. THIS AGREEMENT is made and entered into as of this l I th day of Iv0v-ernb r ,2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "St. Lucie County" and Tindall Holdings II LLC, whose address is 201 Campbell Road, Fort Pierce, FL 34945, hereinafter referred to as "TINDALL". WITNESSETH WHEREAS, on July 20, 2021, TINDALL received Site Plan approval from St. Lucie County for the property described below: LEGAL DESCRIPTION:9 35 39 E 1/2 OF NW 1/4-LESS RD R/W AS IN PB 22-16 AND LESS THAT PART MPDAF: BEG N 1/4 COR OF SEC, TH S 00 33 01 E 40 FT, TH N 74 59 29 W 155.70 FT TO N LI OF SEC, TH S 89 52 38 E ALG N LI 150 FT TO POB- (82.63 AC - 3,599,363 SF) Parcel ID 2309-210-0000-000-9 and, WHEREAS, PDS Order No. 2021-027, required TINDALL convey to St. Lucie County, 47' along Orange Avenue and 40' along Campbell Road, as further described in the attached Exhibit "A" (the "Dedication"), for additional right-of-way needs; and, WHEREAS, on September 21, 2021, TINDALL dedicated to St. Lucie County, 47' of road right-of- way on Orange Avenue and 40' of road right-of-way on Campbell Road via Plat. 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, Orange Avenue and Campbell Road are identified in the St. Lucie County Comprehensive Plan, and; MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4988510 02/03/2022 12:54.59 PM RIF 2021-002 OR BOOK 4766 PAGE 846-851 Doc Type.AGR Page 1 RECORDING: $52.50 WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to Orange Avenue and Campbell 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: Callaway& Price Value of the Right-of-Way =$60,000.00 Appraisal Cost = $2,700.00 Total Land Value $62,700.00 $62,700.00 WHEREAS, TINDALL is desirous of establishing the general method and amount of Credit that TINDALL 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 TINDALL 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 2021-002 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. TINDALL is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Sixty-Two Thousand Seven Hundred and 00/100 ($62,700), 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 Orange Avenue and Campbell 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:9 35 39 E 1/2 OF NW 1/4-LESS RD R/W AS IN PB 22-16 AND LESS THAT PART MPDAF: BEG N 1/4 COR OF SEC, TH S 00 33 01 E 40 FT, TH N 74 59 29 W 155.70 FT TO N LI OF SEC, TH S 89 52 38 E ALG N LI 150 FT TO POB- (82.63 AC - 3,599,363 SF) Parcel ID 2309-210-0000-000-9 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 TINDALL receives any amount of Credits is hereinafter referred to as a "Credits Receipt Date" b. When TINDALL 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 TINDALL 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 RIF 2021-002 Page 3 applied against the decreased impact fee rate in lieu of the rate that was in effect and payable by the TINDALL prior to the rate decrease. 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, TINDALL 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. TINDALL 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. TINDALL 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 TINDALL 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 2021-002 Page 0 Signed,sealed and delivered in the presence of: ST. LUCIE COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS i----%14 coyk .I ! / .. O By: Deputy Clerk * ,c:: z Ch . CA %,�� *to APPROVED AS FORM AND CO ECTNESS -ookry,woe County Attorne \j -rAR Tindall Holdings II LC Witness2.- V%C-tC,ciG M'Ache kk By: PRINT NAME (, ,� lN� . IYs/1/�/A-c,' s aw_ it ess PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by eans of •'physical presence or[J online notarization, this het. I, .z I (date), by IA) et. of Tindall Holdings II LLC, a Florida Corporatio ,on behalf of the corporation. He/she is personally known to me or had produced -K as identification. >a� 4, JOANN M.RILEY 0 [Notary Seal] I `n:f:i Notary Public•State of Florida �` Commission ry NH 069033 Notary Signature 0 clZi%. `, My Comm.Expires Dec 13,2024 � ... Bonded through National Notary Assn. I JOA,J aAjk D• : e q Name Printed RIF 2021-002 Page 5 EXHIBIT A SITE LEGAL DESCRIPTION: 9 35 39 E 1/2 OF NW 1/4-LESS RD R/W AS IN PB 22-16 AND LESS THAT PART MPDAF: BEG N 1/4 COR OF SEC, TH S 00 33 01 E 40 FT, TH N 74 59 29 W 155.70 FT TO N LI OF SEC, TH S 89 52 38 E ALG N LI 150 FT TO POB- (82.63 AC - 3,599,363 SF) Parcel ID 2309-210-0000-000-9 S:\ACQ\WP\Road Impact Fee Credit Agreements\Palmetto Flats\Road Impact Fee Credit Agreement Palmetto Flats.docx RIF 2021-002 Page 6