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Home My WebLink About2023-007 - Leal Three LLC MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 5245776 OR BOOK 5047 PAGE 2046, Recorded 09/21/2023 04:28:45 PM RIF 2023-007 ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND LEAL THREE LLC, IN CONSIDERATION FOR THE DONATION OF CERTAIN RIGHT-OF-WAY ALONG SHINN ROAD. Q THIS AGREEMENT is made and entered into as of this II I day of S rnbec,2023, by and between ST.LUCIE COUNTY,a political subdivision of the State of Florida,hereinafter referred to as"St. Lucie County"and Leal Three LLC,whose address is 5601 Highway AlA Apt 5310,Vero Beach, Florida 32963,hereinafter referred to as("Leal"). • WITNESSETH WHEREAS, on March 24, 2023, Leal presented a Pre-Application to the St. Lucie County Development Review Committee for a project known as St.Nicholas Oaks located on Shinn Road on the property described below: LEGAL DESCRIPTION:19 35 39 E 1/2-LESS RD AND CANAL RSM/-(305.27) Parcel ID 2319-111-0002-000-0 and, WHEREAS, as part of the development review with St.Lucie County it was determined by the Engineering Department that Leal convey to St.Lucie County,5'right-of-way along Shinn Road as further described in the attached Exhibit A.(the"Dedication"),for additional right-of-way needs;and, WHEREAS,on August 15,2023,Leal dedicated to St.Lucie County,5'of road right-of-way on Shinn 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 Transportation Planning Organization Long Range Transportation Plan, or appropriate to the implementation thereof;and, WHEREAS,Shinn Road is identified in the St.Lucie County Comprehensive Plan,and; Page 1 OR BOOK 5047 PAGE 2047 WHEREAS,the County's Comprehensive Plan identifies a future need for capacity expansion improvements to be made to Shinn 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 $ 15,000.00 Review Appraisal $ 2,500.00 Phase 1 Environmental Site Assessment $ 1,075.00 Total Value $18,575.00 WHEREAS,Leal is desirous of establishing the general method and amount of Credit that Leal 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 Leal 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 5047 PAGE 2048 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. Leal is entitled to a credit against St.Lucie County Roads Impact Fees in the amount of eighteen thousand five hundred seventy-five and 00/100($18,575),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 Shinn 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: 19 35 39 E 35-LESS ROAD AND CANAL RS/W-(305.27) Parcel ID 2319-111-0002-000-0 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 Leal receives any amount of Credits is hereinafter referred to as a"Credits Receipt Date". b. When Leal 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 Leal prior to the rate decrease. Page 3 OR BOOK 5047 PAGE 2049 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,Leal 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. Leal 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. Leal 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 Leal 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 5047 PAGE 2050 Signed,sealed and delivered in the presence of: ST.LUCIE COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS II CO4f._ llkittlathIAPALt, . 4t PJi/i..AN O ti BY - Deputy Clerk * IS.:ilcc m Chair °'tc * APPROVED AS 'FORM AND RECTNESS -vVHTy,FL9 &II 9. County Attor FIF r� ,PA' (�'j'4`^'11(11n �j� Leal Three LLC Witness V 1 Knglq ChidgeIi Bv:_ Print Warne Manager of Leal Three LLC 2300 Vlr9lmcc Ave,F+Pierre j1.34412 Address !� ---` fitness 11ofaela Hendr.-7 Print Name 300Virginia Ave,Ft Piercc,FL3y982 Address STATE OF F[on d A COUNTY OF 5+. 1 UCie_ The foregoing instrument was acknowledged before me by means of[] physical presence or[]online notarization,this 3f)t^o1 Aligjut4 2023(date),by Eduardo Leal,Manager of Leal Three,LLC,a Florida Cor oration, on behalf of t?(e corporation. He/she is personally known to me or had produced as identification. .,; ()J � � [Notary Seal] L Notary Signatlue V Kagla Chir4�Pj KAVLA CHIDGEY Name Print Notary Public State of Florida Page 5 •v�.`;_'. Comm!,HH431359 :p 1 Expires 10/13/2027