The URL can be used to link to this page

Home My WebLink About2022-001 - Bean, Charles and Brian MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 5071589 OR BOOK 4860 PAGE 730, Recorded 07/19/2022 09:42:01 AM RI F 2022-001 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND CHARLES BEAN AND BRIAN BEAN IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF- WAY ALONG OLEANDER AVENUE. THIS AGREEMENT is made and entered into as of this T f h day of \)(1e_. ,2022, by and between ST.LUCIE COUNTY,a political subdivision of the State of Florida,hereinafter referred to as"St.Lucie County"and Charles Bean and Brian Bean,whose address is 5900 Silver Oak Drive,Fort Pierce, FL 34982,hereinafter referred to as("Bean"). WITNESSETH WHEREAS,on September 27,2021,Bean received Site Plan approval from the City of Fort Pierce for a project known as Oleander Multi-Family on the property described below: LEGAL DESCRIPTION:MARAVILLA GARDENS S/D-UNIT THREE-BEG AT NW COR OF LOT 154,TH RUN E 300 FT,S 156 FT,TH W 300 FT,TH N 156 FT TO POB(MAP24/27N)(1.07 AC)(OR 2454-1322) Parcel ID 2427-601-0010-000-5 and, WHEREAS,as part of it development review,St Lucie County required a fifteen(15)foot right-of- way dedication for Oleander Avenue for future expansion;and, WHEREAS, on June 7, 2022, Bean dedicated to St. Lucie County, 15' of road right-of-way on Oleander Avenue via Right-of-Way 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,Oleander Avenue is identified in the St.Lucie County Comprehensive Plan,and; RIF 2021-006 Race]. • OR BOOK 4860 PAGE 731 WHEREAS,the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to Oleander Avenue 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: Value of the Right-of-Way =$2.847.14 Total Land Value $2,847.14 $2,847.14 WHEREAS,Bean is desirous of establishing the general method and amount of Credit that Bean 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 Bean 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 OR BOOK 4860 PAGE 732 • 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. Bean is entitled to a credit against St.Lucie County Roads Impact Fees in the amount of Two Thousand Eight Hundred Forty-Seven and 14/100($2,847.14),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 Oleander Avenue. 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:MARAVILLA GARDENS S/D-UNIT THREE-BEG AT NW COR OF LOT 154,TH RUNE 300 FT,S 156 FT,TH W 300 FT,TH N 156 FT TO POB(MAP24/27N)(1.07 AC)(OR 2454-1322) Parcel ID Parcel ID 2427-601-0010-000-5 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 Bean receives any amount of Credits is hereinafter referred to as a"Credits Receipt Date". b. When Bean 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 Bean 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 Bean prior to the rate decrease. W F 2021-00R Page 3 OR BOOK 9860 PAGE 733 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,Bean 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. Bean 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. Bean 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 Bean 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 OR BOOK 9860 PAGE 734 • Signed,sealed and delivered to the presence of: ST.LUCIE COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS • -114,2, /a.s.— .01'CQM,, By: �T'P Deputy Clerk , vifr O S tP Chair , s v.r Z APPROVED AS TO FORM AN1RECTNESS c+ •4O� ti coGNh st.OPtO, ,,Rgit.... County Attor, ijuiaLL) Witr�ss • Rachel A.Vossen ail &2 Boa i Charles Bean Print-N me I ness '6Gi,—� Patricia J. Bean Brian Bean Print Name STATE OF FLORIDA COUNTY OF ST.LUCIE yy The foregoing instrument was acknowledged before me by means of(-f physical presence or[1 online notarization,this 25th May 2022 (date),by Charles Bean and Bran can who is rsonally known to me or had produced 1 a Id tficatio . • [Notary Seal) Notary Signature • ARTHUR L.CROSS __ _ _ Name Printed •4 ,o"t4 r� AIRMUR LIE CROSS 1 Notary Pubic•State er rtorICu lempumanommirepir �� Comminloe 9 00 t61196 I Rir 2021Ao6 �' My temm.Eaplrel On E�7076 Rafe 5 OR BOOK 4860 PAGE 735 • EXHIBIT"A" A PORTION OF LAND FOR PUBLIC RIGHT-OF-WAY PURPOSES OVER,UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF PARCEL LYING IN THE NORTHWEST(1/4)QUARTER OF THE NORTHWEST(1/4) QUARTER OF SECTION 27,TOWNSHIP 35 SOUTH,RANGE 40 EAST,AS DESCRIBED IN OFFICIAL RECORDS BOOK 2454,PAGE 1322 AS RECORDED IN PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA. SAID PORTION IS 15 FEET IN WIDTH,LYING EASTERLY,PARALLEL WITH AS MEASURED TO A RIGHT ANGLE TO THE CENTERLINE OF OLEANDER AVENUE,AS DESCRIBED IN SILVER LAKE PARK ADDITION,PLAT BOOK 10,PAGE 8 AS RECORDED IN PUBLIC RECORDS OF ST.LUCIE COUNTY: BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCING FROM 5/8-INCH IRON ROD AND CAP STAMPED"LB959",MARKING NORTHWEST CORNER OF SAID SECTION 27 PER CERTIFIED CORNER RECORD NUMBER 094002; THENCE,N 89°04'48"W,ALONG THE NORTH LINE OF THE NORTHWEST(1/4)QUARTER OF SAID SECTION 27,A DISTANCE OF 30.00 FEET TO THE EXISTING EAST RIGHT-OF-WAY LINE OF OLEANDER AVENUE; THENCE.S00°01'03"E,ALONG SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF 1159.30 FEET TO THE NORTHWEST CORNER OF LOT 154,MARAVILLA GARDENS,UNIT THREE,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 6,PAGE 62,PUBLIC RECORDS OF ST.LUCIE COUNTY,ALSO BEING NORTHWEST CORNER OF A LOT LABELED AS NOT A PART OF THIS PLAT PER SILVER LAKE PARK ADDITION,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 10,PAGE 8 OF THE PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA,ALSO BEING THE POINT OF BEGINNING; THENCE,S89°58'57"E,ALONG THE NORTH LINE OF SAID LOT,A DISTANCE OF 15.00 FEET; THENCE,S00°01'03"W,ALONG A LINE PARALLEL WITH AND 15.00 FEET EASTERLY OF THE EXISTING EAST RIGHT-OF-WAY LINE OF OLEANDER AVENUE,AS MEASURED AT A RIGHT ANGLE TO SAID EAST LINE,A DISTANCE OF 156.00 FEET TO THE SOUTH LINE OF SAID LOT LABELED AS NOT A PART OF THIS PLAT PER SILVER LAKE PARK ADDITION; THENCE,N89°58'57'W,ALONG SAID SOUTH LINE,A DISTANCE OF 15.00 FEET TO THE EXISTING EAST RIGHT-OF-WAY LINE OF OLEANDER AVENUE; THENCE,N00°01'03"E,ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE,A DISTANCE OF 156.00 FEET TO THE POINT OF BEGINNING. THE ABOVE-DESCRIBED PARCEL CONTAINS 0.054 ACRES OR 2,340.00 SQUARE FEET. �' PROJEDr ROAD THIS IS NOT A MAIM BOARD OF COUNTY COMMISSIONERS E'IiN REVISIONS RgM1Y•WAY SECT.0N27 ST.LUCIE COUNTY.7/.ORIDA OOC Jl (Npygy JL17F gEIT M eTy OECICATION TO THE TOWNSHIPSS SOUTH PUBLIC PARKS DEPARTMENT.ENGINEERING OSIOV °'NMM Cr. ' 6T.LUCIE CDNOES LUCIE C EAST SURVEY SECTION ,S1:LULU; ALONOOMUNETR ST.LU IE COUNTY. }}OSVWOINN AVE-FORT PIERCE.FLORCYl N1E} FU AVENUE FLORTELEPHONE 77}-01I7]I • • T1SAV smlr\Umlyntn\nutW/grlw UWw.}IM a wrd401-4.0V r Atilm .-1Alli.E