HomeMy WebLinkAbout2023-004 - Joseph G. Miller MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 5157328 OR BOOK 4952 PAGE 2656, Recorded 02/21/2023 03:31:58 PM
RIF 2023-004
ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS AND JOSEPH G. MILLER AS
TRUSTEE OF THE JOSEPH G.MILLER REVOCABLE LIVING TRUST DATED
10-2-1986,IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-
OF-WAY ALONG JENKINS ROAD.
THIS AGREEMENT is made and entered into as of this A I 3
4 day of �GbrUgrtf ,2023,
by and between ST.LUCIE COUNTY,a political subdivision of the State of Florida,hereinafter referred to
as"St.Lucie County"and Joseph G.Miller as Trustee of the Joseph G.Miller Revocable Living Trust dated
10-2-1986,whose address is 5500 Orange Avenue,Fort Pierce,Florida 34947,hereinafter referred to as
("Miller').
WITNESSETH
WHEREAS,on December 30,2022,Miller received Minor Site Plan approval from St.Lucie County
for a project known as 7-Eleven at Jenkins Road and Orange Avenue on the property described below:
LEGAL DESCRIPTION:7 35 40 NW 1/4 OF SW 1/4-LESS W 40 FT RD AND LESS N 40 FT AND LESS AS
IN CA#82-131-05 AND LESS S 541.85 FT AND LESS E 230 FT OF W 270 FT OF N 190.26 FT OF S
270.26 FT OF NW 1/4 OF SW 1/4-LESS S 541.85 FT-(20.48 AC
Parcel ID 2407-321-0001-000-8
and,
WHEREAS,as part of the development review with St.Lucie County It was determined by the
Engineering Department that Miller convey to St.Lucie County,52'right-of-way along Jenkins Road as
further described in the attached Plat labeled Tract"B" (the "Dedication"),for additional right-of-way
needs;and,
WHEREAS,on January 10,2023,Miller dedicated to St.Lucie County,52'of road right-of-way on
Jenkins Road via Plat as Tract B.
•
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,
Page 1
OR BOOK 4952 PAGE 2657
WHEREAS,Jenkins Road 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 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:
Appraised Value of the Right-of-Way $252,000.
Appraisal $ 2,700.
Title $ 275.
Total Value $254,975.
WHEREAS,Miller is desirous of establishing the general method and amount of Credit that Miller
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 October 1,2022
(the"Roads Impact Fee Rate Increase")by virtue of Ordinance No.22-009,which was adopted by the St. •
Lucie County Commission on April 19,2022(the"Ordinance");and,
WHEREAS,the County and Miller 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:
Page 2
OR BOOK 4952 PAGE 2658
Section I. 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.
MILLER is entitled to a credit against St.Lucie County Roads Impact Fees in the amount of two hundred
fifty-four thousand nine hundred seventy-five and 00/100 ($254,975.), 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 Rock 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:7 35 40 NW 1/4 OF SW 1/4-LESS W 40 FT RD AND LESS N 40 FT AND LESS AS
IN CA#82-131-05 AND LESS S 541.85 FT AND LESS E 230 FT OF W 270 FT OF N 190.26 FT OF S
270.26 FT OF NW 1/4 OF SW 1/4-LESS S 541.85 FT-(20.48 AC
Parcel ID 2407-321-0001-000-8
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 effective date of this agreement 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 Miller
receives any amount of Credits is hereinafter referred to as a"Credits Receipt Date".
b. When Miller uses Credits:(i)as to any impact fee rates which are increased after the Credits
Receipt Date for such Credits,the balance of the Existing Credits will be increased by the percent
increase of the impact fee rate upon the effective date of 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 Miller prior to the rate decrease.
Page 3
OR BOOK 4952 PAGE 2659
Section 4. Transferability and Assignability of Road Impact Fee Credits
Pursuant to s.163.31801(10),Fla.Stat.(2022),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,Miller 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.Miller 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. MILLER 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. Recordabllity of Agreement.
This Agreement shall be recorded by St.Lode County in the Public Records of St.Lucie County and shall
be binding upon Miller 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.
Page 4
OR BOOK 4952 PAGE 2660
Signed,sealed and delivered in the presence of:
ST.LUCIE COUNTY
ATTEST: BOARD OF COUNTY COMMISSIONERS
• By: Ig�+ aLuva,44.6) •
Deputy
C Oicifeputy Clerk VO r y P ' Chair
O
O APPROVED AS TO FORM AND RECTNESS
4, y
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c°On.%rto,
- County Attar
Trustee of the Joseph G.Miller Revocable Living
Trust dated 10-2-1986
Witness
Ka Ia C'.(l�� e� � �
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Print Name I Jose .Miller
pia
`Witness
V I efiw;a 1-4 Ach e t'
Print Name
STATE OF f or irk n.
COUNTY OF Si .LAIC_re,
The foregoing instrument was acknowledged before me by means of[] physical presence or j j online
notarization, this 0--l--}-aCA3 (date), by Joseph G.Miller Trustee of the Joseph G. Miller
revocable Living trust Dated 10-2-1986, who isCtersonally kr,mvP to me or had produced
as identification.
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[Notary Seaij \J i Notary Signature
NoteE ctori Stets of llorlda Name Printed
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OR BOOK 4952 PAGE 2661
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MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 5162844 OR BOOK 4958 PAGE 850, Recorded 03/06/2023 03:49:23 PM
ASSIGNMENT OF ROAD IMPACT FEE CREDITS
THIS ASSIGNMENT OF ROAD IMPACT FEE CREDITS ("Assignment")is made
this o2n� __. day of ''II � _.__. ,2023 ("Effective Date")between Joseph G. Miller
as Trustee of the Joseph G. Miller Revocable Living Trust dated 10-2-1986 whose address is
5500 Orange Avenue,Fort Pierce,Florida 34947 ("Assignor"), and 3D Ayers Street,LLC,
whose address 3540 Wheeler Road, Suite 309, Augusta,GA, 30909, ("Assignee"), with
reference to the following facts:
A. Pursuant to section 163.31801, Fla. Stat., St. Lucie County("County") imposes impact
fees to ensure that new development bears a proportionate share of the cost of roads,
parks,schools and public capital facilities necessary to serve the new development.
B. The County and Assignor entered into that certain Road Impact Fee Credit Agreement on
February 21,2023,recorded in Book 4952,Pages 2656 of the cOfficialrRecords of St.
nt on
February 21,2023,reco
Lucie County,Florida("RIFCA").
C. The RIFCA sets forth the amount of road impact fee credits to which the Assignor is
entitled.
D. Section 163.31801(10), Fla. Stat. allows for the transfer of unused impact fee credits
under certain conditions.
E. Assignor desire to assign all of its right,title,and interest in S254,975 in unused road
impact fee credits to Assignee, and Assignee wishes to accept such assignment of said
right,title,and interest in such credits as more particularly set forth herein.
NOW,THEREFORE,in consideration of Ten Dollars ($10.00) and other valuable
consideration, the adequacy of which is hereby acknowledged,the parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. Assignment. Assignor hereby assigns and transfers all of Assignor's rights,obligations,
and interest in the RIFCA and the$254,975 in unused road impact fee credits to Assignee
to be used for Lot 2,of the 5501 West Orange Crossing Plat as recorded in Plat Book 112
Page 39 ("Assigned Road Impact Fee Credits").
3. Acceptance of Assignment. Assignee hereby accepts the assignment of the RIFCA and
Assigned Road Impact Fee Credits and assumes all obligations of Assignor under the
RIFCA first arising from and after the date hereof;all with the full force and effect as if
Assignee had signed the RIFCA originally as the recipient of the road impact fee credits
named therein. All of the terms and conditions of the RIFCA shall inure to the benefit of,
and be binding upon,Assignee's heirs, executors,administrators, successors,and assigns.
1
OR BOOK 4958 PAGE 851
4, Governing Law; Venue. This Assignment shall be construed and enforced in
accordance with the laws of the State of Florida. In the event it is necessary for either
party to initiate legal action regarding this Assignment, venue shall be in the Nineteenth
Judicial Circuit for St.Lucie County, Florida, for claims under state law and the Southern
District of Florida for any claims which are justiciable in federal court.
5. Counterparts. This Assignment may be executed in any number of identical
counterparts,all of which,when taken together, shall constitute the same instrument. An
executed electronic PDF copy of this Assignment shall be deemed an original for all
relevant purposes.
IN WITNESS THEREOF,the parties hereto have set their hands as of the Effective
Date.
[remainder ofpage intentionally left blank;signature page to follow]
2
OR BOOK 4958 PAGE 852
ASSIGNOR:
Trustee of the Joseph G. Miller Revocable Living
Trust dated 10-2-1986
Witness f f
Print Name o ph G. Miller
OY
Witness 6
Print Name
STATE OF FLORIDA
COUNTY OF ST.LUCIE
The foregoing instrument was acknowledged before me by means of l physical presence or [ online
notarization, this MMc - 2, Z0.23 (date), by Joseph G. Miller Trustee of the Joseph G. Miller
revocable Livin tru fit Dated 10-2-1986, who is personally known to me or had produced
�y-g .�,,.►.,,,,..� as identification.
kik° rO
[Notary Seal) MY; , LISAL.BOLTON Notary Signature
:4 Commission#HH 059802 /
. •Jj Expires November 3,2024 C fits. L. / o I'4oh
ori$" BondodTlvu Troy Fain Wiesner)800-9657019
Name Printed
3
OR BOOK 4958 PAGE 853
ASSIGNEE:
.— 3D Ayers Street LLC
Wit ess �(17
NeV g- C f c a By:___OLAZ4 _______
P t Name
Title: . Arhip
, 2)-tickcut___.
C (ess
Print Name
STATE OF 6 e.tn``x...
COUNTY OF 3 ctcr.."i,cc-._--
The foregoing Instrument was acknowledged before me by me insmeanspresence(date),
of
Street,LLC,a Texas Corp,on behalf of the corporation. He Is personally known to me or had
produced &1 A- L i LC.r'LSe— _�as identification.
�pnnnlr _ _ _ 42.---.t... ....,
-1�=
[Notary Seal),. t;',33r h'I'''4,,,� .Notary Signature
c /
c' z I G O t. 0 ?(It 01 Name Printed
. 0 ,, .7.,a pl-trsl I—
:N G�,moo � tea`
"14,GFORO\P 0%%
4
OR BOOK 4958 PAGE 854
CONSENT TO ASSIGNMENT:
BOARD OF COUNTY
COM IT
ST. Ll� . E Q N"I'Y I ORIDA
47/ i'
County Administrato
APPROVED AS TO FORM
AND CORRECTNES '
11;."2,41 k/../ /
County Attorney
5
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 5162844 OR BOOK 4958 PAGE 850, Recorded 03/06/2023 03:49:23 PM
ASSIGNMENT OF ROAD IMPACT FEE CREDITS
THIS ASSIGNMENT OF ROAD IMPACT FEE CREDITS ("Assignment") is made
this a.+� __. day of_ '1 ' ,2023 ("Effective Date")between Joseph G. Miller
as Trustee of the Joseph G. Miller Revocable Living Trust dated 10-2-1986 whose address is
5500 Orange Avenue, Fort Pierce, Florida 34947 ("Assignor"), and 3D Ayers Street,I,LC,
whose address 3540 Wheeler Road,Suite 309, Augusta, GA,30909, ("Assignee"), with
reference to the following facts:
A. Pursuant to section 163.31801, Fla. Stat., St. Lucie County("County") imposes impact
fees to ensure that new development bears a proportionate share of the cost of roads,
parks,schools and public capital facilities necessary to serve the new development.
13. The County and Assignor entered into that certain Road Impact Fee Credit Agreement on
February 21, 2023,recorded in Book 4952,Pages 2656 of the Official Records of St.
Lucie County,Florida("RIFCA").
C. The RIFCA sets forth the amount of road impact fee credits to which the Assignor is
entitled.
D. Section 163.31801(10), Fla. Stat. allows for the transfer of unused impact fee credits
under certain conditions.
E. Assignor desire to assign all of its right,title,and interest in$254,975 in unused road
impact fee credits to Assignee, and Assignee wishes to accept such assignment of said
right,title,and interest in such credits as more particularly set forth herein.
NOW,THEREFORE,in consideration of Ten Dollars ($10.00)and other valuable
consideration, the adequacy of which is hereby acknowledged,the parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. Assignment. Assignor hereby assigns and transfers all of Assignor's rights, obligations,
and interest in the RIFCA and the$254,975 in unused road impact fee credits to Assignee
to be used for Lot 2,of the 5501 West Orange Crossing Plat as recorded in Plat Book 112
Page 39 ("Assigned Road Impact Fee Credits").
3. Acceptance of Assignment. Assignee hereby accepts the assignment of the RIFCA and
Assigned Road Impact Fee Credits and assumes all obligations of Assignor under the
RIFCA first arising from and after the date hereof;all with the full force and effect as if
Assignee had signed the RIFCA originally as the recipient of the road impact fee credits
named therein. All of the terms and conditions of the RIFCA shall inure to the benefit of,
and be binding upon,Assignee's heirs, executors, administrators, successors,and assigns.
1
OR BOOK 4958 PAGE 851
4. Governing Law; Venue. This Assignment shall be construed and enforced in
accordance with the laws of the State of Florida. In the event it is necessary for either
party to initiate legal action regarding this Assignment, venue shall be in the Nineteenth
Judicial Circuit for St.Lucie County, Florida, for claims under state law and the Southern
District of Florida for any claims which are justiciable in federal court.
5. Counterparts. This Assignment may be executed in any number of identical
counterparts,all of which,when taken together,shall constitute the same instrument. An
executed electronic PDF copy of this Assignment shall be deemed an original for all
relevant purposes.
IN WITNESS THEREOF,the parties hereto have set their hands as of the Effective
Date.
[remainder ofpage intentionally left blank;signature page to follow]
2
OR BOOK 4958 PAGE 852
ASSIGNOR:
Trustee of the Joseph G. Miller Revocable Living
Trust dated 10-2-1986
/ r L f'
Witness / '
/- ' 71 7SJX-,
Print Name o ph G. Miller
6/OYrG
Witness.1. Sly. L. A hot,
Print Name
STATE OF FLORIDA
COUNTY OF ST.LUCIE
The foregoing instrument was acknowledged before me by means of PI physical presence or ( ) online
notarization, this Nett. .2-, 20.23 (date), by Joseph G. Miller Trustee of the Joseph G. Miller
revocable Livin truV 10-2-1986, who is personally known to me or had produced
y as identification.
[Notary Seal] LISAI.BOLTON Notary Signature
.. ,,., :,:Commission N HH 059802 /
�'-: Expires November 3,2024 C r5 /a L. O !foh
•'• ;.i�g�:• Bond•dTTvu Troy Faln Insurance 8004154019 _. Name Printed
3
OR BOOK 4958 PAGE 853
ASSIGNEE:
cyL�� 3D Ayers Street LLC
Wit ess
4 ,
N ,, ,,. 6-ii_e. ,‘) By:
P I t Name /l
Title:_ UrtR.c,e
82}c)\Xiut____
I ess� _
�_ •-,'"-,
Print Name
STATE OF `�),ev( `1/44"
COUNTY OF .) (- .,,I cc`---
The foregoing instrument was acknowledged before me by me ins of 1 ) physical presence or []
online notarization, this _Ls� _krr,�' 3 (date), by CL( NA/LAL of 3D
Ewers Street.LLC,a Texas Corporation,on behalf of the corporation. He Is personally known to me or had
produced (1 A4 t i LC.rt,Se as identification.
,,_„.,70 ,.."\
,,1,,1111 I IIH,%
[Notary SeaJ}o" 3l' jr,,,,,�� Notary Signature
O•a 2M/s♦•Z = --- 1 'k c-,.--
CI ca-
z�;2 C \ 0 (n = Name Printed
r n IP A zI n? ,_.
......, c.v.9 1,-•.„ ...< iv,a •
4
OR BOOK 4958 PAGE 854
CONSENT TO ASSIGNMENT:
BOARD OF COUNTY
COM STONERS
ST. LU1 : E Q N'I'Y I�ORIDA
,�ti '
i- 4 1 . -
CountyAdminitrato•
Ir+eri M,,
APPROVED AS TO FORM
AND CORRECf
,i4
County Attorney
5