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Home My WebLink About2025-007 - Oak Ridge Ranches MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5524039 09/05/2025 11.54.54 AM RIF 2025 007 OR BOOK 5362 PAGE 2328-2337 Doc Type:AGR RECORDING: $86.50 C,25 rI PARTIAL ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND OAK RIDGE RANCHES, LLC IN CONSIDERATION FOR THE CONSTRUCTION OF CERTAIN ROAD IMPROVEMENTS ALONG CROSSTOWN PARKWAY. THIS AGREEMENT is made and entered into as of this 5th day of August, 2025, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and Oak Ridge Ranches, LLC, a Florida limited liability company, whose address is 105 NE 1st Street, Delray Beach, Florida 33444, hereinafter referred to as ("Developer"). WITNESSETH WHEREAS,on October 12,2023,the Board approved a Proportionate Share and Impact Fee Credit Agreement with the Developer covering the property described in Exhibit"A"; and, WHEREAS,One or more of the committed roadway construction projects listed in the Agreement as eligible for road impact fee credits is the expansion and improvement of a portion of Crosstown Parkway more specifically identified in Exhibit"B" (the"Project"). WHEREAS, the 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, Crosstown Parkway is a road identified in the St. Lucie Transportation Planning Organization's Long Range Transportation Plan; 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 expansion of those roadways that meet a transportation capital need as identified in the County's Comprehensive Plan or in the St. Lucie Transportation Planning Organization's Long Range Transportation Plan; and, WHEREAS, the proposed capacity expansion improvements to be made to Crosstown Parkway are needed in order to accommodate future growth, as set forth in the St. Lucie County Comprehensive Plan; and, WHEREAS, the Developer has proposed to provide a bond to the County in a form satisfactory to the County Attorney in the amount of$4,000,000.00_to provide security for a portion of the cost of the Project. WHEREAS, based upon the provisions of Section 24-264(c) of the Code of Ordinances of St. Lucie County,the County desires to grant partial credits against road impact fees for the amount of the bond to secure the construction of a portion of the Project. No additional credits shall be granted until RIF 2025-XXX Page 1 ACTIVE:37863675.2 Developer completes the Project and provides the County with documents showing the actual cost of the road improvements in sufficient detail for preaudit and post audit purposes. 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 and the Developer now desire to document how the Impact Fee Credit Law will be applied to the Partial 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: 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 Partial Impact Fee Credit. The Developer is entitled to a credit against the County Roads Impact Fees in the amount of four million dollars and 00/100 ($4,000,000.00), under the criteria set forth in Section 24-264(c) of the Code of Ordinances of St. Lucie County for the improvement of certain right-of-way along Crosstown Parkway. The parties acknowledge and agree that additional credits against road impact fees will be given to the Developer upon completion of the Crosstown Parkway improvements,acceptance of those improvements by the City of Port St. Lucie,and providing the County with documents showing the actual cost of the road improvements in sufficient detail for pre-audit and post-audit purposes, and that no further Board approval is necessary. Section 3. Limitation of Credit. Except as provided in Section 4 below,the partial credit established by this agreement is limited solely to the property described in Exhibit "A", attached hereto. RIF 2025-XXX Page 2 ACTIVE:37863675.2 The partial credit granted through this agreement may only be applied against the required Roads Impact Fees to be collected 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 Partial Credit 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 the Developer receives any amount of Credits is hereinafter referred to as a "Credits Receipt Date". b. When the Developer 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 Developer prior to the rate decrease. Section 4. Transferability and Assignability of Road Impact Fee Credits Pursuant to s. 163.31801(10), Fla. Stat. (2025), 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,the Developer 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. The Developer 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. The Developer shall reserve sufficient Road Impact Fee Credits to support development within the Property. RIF 2025-XXX Page 3 ACTIVE:37863675.2 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 the Developer and any successors in interest and title to the property described in Exhibit "A" and referenced in Sections 3 and 4 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. Signed, sealed and delivered in the presence of: ST. LUCIE COUNTY ATTEST: BOARD OF COUNTY COMMISSIONERS GOMM/Ss� Deputy Clerk 0 Chair F o s0 i o N APP VED AS Te l ' • P •e.RECTNESS APA 4°11, "Yr 0 County A t• `GCSE COON •*%. RIF 2025-XXX Page 4 ACTIVE:37863675.2 Oak Ridge Ranches, LLC Witness u Darlene J. Miklos By: Print Name 14025 Riveredge Dr. #175 Tampa, FL 33637 Title: Au orized Signatory Witness Address Witness Bryon T. LoPreste Print Name 14025 Riveredge Dr. #175 Tampa, FL 33637 Witness Address STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me by means of[K]physical presence or[]online notarization, this day of August,2025(date), by James P. Harvey of Oak Ridge Ranches, LLC, a Florida Corporation, on behalf of the corporation. He/x is personally known to me or had produced as identification. Nota Nota Signature g• `B4 .: BRYON T.LOPRESTE •- *_ MY COMMISSION#HH 456133 EXPIRES:January 27,2028 Bryon T. LoPreste 'eO"•`.' Name Printed RIF 2025-XXX Page 5 ACTIVE:37863675.2 Exhibit"A" Legal Description of Development Property PARCEL 1: East 1/2 of Section 23,Township 36 South, Range 38 East, St. Lucie County, Florida, LESS AND EXCEPT the South 845 feet thereof. Containing 255.04 acres more or less. PARCEL 2: East 1/2 of Section 26,Township 36 South, Range 38 East, St. Lucie County, Florida,TOGETHER WITH the South 845 feet of the East 1/2 of Section 23,Township 36 South, Range 38 East,St. Lucie County, Florida; Less and Except the West One-Half(W1/2)of the Southwest One-Quarter(SW 1/4)of the Southwest One-Quarter(SW 1/4)of the Southeast One Quarter(SE 1/4) of Section 26,Township 36 South, Range 38 East,St. Lucie County, Florida. Containing 374.24 acres more or less. PARCEL 3: All of Section 25, Township 36 South, Range 38 East, St. Lucie County, Florida, LESS AND EXCEPT the East 70.00 feet as conveyed to St. Lucie County, a political subdivision of the State of Florida by virtue of the Special Warranty Deed recorded October 29, 2008, in Official Records Book 3028, Page 2670, Public Records of St. Lucie County, Florida. Containing 636.32 acres more or less. PARCEL 4: The West 1917.9 feet of Section 35,Township 36 South, Range 38 East,St. Lucie County, Florida, LESS the following described parcel: Beginning at the Northwest corner of Section 35,Township 36 South, Range 38 East,thence run North 89°34'08" East, along the Section line, 1858.90 feet;thence following the top of the dike adjacent to a citrus grove run the following courses and distances: South 00245'36" East 897.42 feet; South 53°23'40" West 76.67 feet; South 67235'50"West 338.81 feet; South 33°38'40" West 107.30 feet; South 24°07'45" West 363.57 feet; South 07°57'45"West 176.10 feet; South 02251'46" East 601.78 feet; South 56212'50" West 99.95 feet; South 79251'40" West 521.64 feet; South 00°39'20"West 718.55 feet;South 30°20'19" West 239.78 feet; South 72°41'50" West 347.84 feet; North 50°26'10" West 288.41 feet to a point on the West line of aforesaid Section 35;thence North 00°33'30" West, along the Section line, 3249.12 feet to the Point of Beginning. Containing 127.23 acres more or lees. RIF 2025-XXX Page 6 ACTIVE:37863675.2 PARCEL 5: All of Section 35,Township 36 South, Range 38 East,St. Lucie County, Florida, LESS the following:The West 1917.9 feet of said Section. Containing 394.43 acres more or less. PARCEL 6: That part of the South 922.26 feet of the East 330 feet of Section 36,Township 36 South, Range 38 East, St. Lucie County, Florida, lying Northerly of Glades Cutoff Road. Such property being also described as: Commence at the Southeast corner of Section 36,Township 36 South, Range 38 East, St. Lucie County, Florida; thence North 00208'47" West, along the East line of Section 36, a distance of 431.22 feet to the POINT OF BEGINNING, said point being on the Northeasterly right-of-way line of State Road S-709 (being 150.00 feet in width and also known as Glades Cut-Off Road);thence continue North 00°08'47" West, along said East line of Section 36, a distance of 491.22 feet to the North line of the South 922.26 feet of Section 36;thence North 89200'53" West a distance of 330.06 feet to the West line of the East 330.00 feet of Section 36;thence South 00°08'47" East, along the West line of the East 330.00 feet of Section 36, a distance of 828.71 feet to the aforesaid Northeasterly right-of-way line of State Road 5-709;thence North 44°46'11" East, along said Northeasterly right-of-way line, a distance of 467.37 feet to the POINT OF BEGINNING. Containing 5.00 acres more or less. PARCEL 7: The North one-eighth (N 1/8) of the South one-half(S 1/2) and all of the North one-half(N 1/2)of Section 36,Township 36 South, Range 38 East, St. Lucie County, Florida. Containing 352.68 acres more or less. PARCEL 8: The following described real property, LESS AND EXCEPTING THEREFROM THE WEST 128 ACRES THEREOF, heretofore conveyed to James L. Davis,as Trustee, by Special Warranty Deed recorded in O.R. Book 1626, Page 244, of the Public Records of St. Lucie County, Florida: Commence at the Southeast corner of Section 36,Township 36 South, Range 38 East, St. Lucie County, Florida; thence run North 00°09'38"West, along the East line of said Section 36, a distance of 922.44 feet to the POINT OF BEGINNING; thence run North 89°01'44" West, a distance of 330.06 feet;thence run South 00°09'38" East,a distance of 829.01 feet to the Northwesterly right of way line of Glades Cut- Off Road;thence run South 44°46'00" West, along said right of way line, a distance of 3380.72 feet; thence run North 00209'38" West, a distance of 4649.00 feet; thence run North 89°52'09" East, a distance of 2717.48 feet to the East line of Section 36;thence run South 00°09'38" East along the East line of said Section 36, a distance of 1431.54 feet to the POINT OF BEGINNING; all lying and being in Section 36,Township 36 South, Range 38 East and Section 1,Township 37 South, Range 38 East, St. RIF 2025-XXX Page 7 ACTIVE:37863675.2 Lucie County, Florida,ALL LESS any existing road,canal and railroad rights of way, and all lying and being in St. Lucie County, Florida. Containing 71.98 acres more or less. PARCEL 9: The West 128 acres of the following described parcel of real property: COMMENCE at the Southeast corner of Section 36,Township 36 South, Range 38 East, St. Lucie County, Florida; thence run North 00209'38" West, along the East line of said Section 36, a distance of 922.44 feet to the POINT OF BEGINNING; thence run North 89°01'44" West, a distance of 330.06 feet;thence run South 00°09'38" East,a distance of 829.01 feet to the Northwesterly right-of-way line of Glades Cut- Off Road; thence run South 44°46'00"West,along said right-of-way line, a distance of 3380.72 feet; thence run North 00°09'38" West, a distance of 4649.00 feet; thence run North 89252'09" East, a distance of 2717.48 feet to the East line of said Section 36; thence run South 00°09'38" East along the East line of said Section 36, a distance of 1431.54 feet to the POINT OF BEGINNING, all lying and being in Section 36,Township 36 South, Range 38 East, and Section 1,Township 37 South, Range 38 East, comprising 200 acres more or less, as described in O.R. Book 1626, Page 244, of the Public Records of St. Lucie County, Florida,ALL LESS any existing road, canal and railroad rights-of-way, and all situate, lying and being in St. Lucie County, Florida. Containing 127.97 acres more or less. PARCEL 10: The South 1/2, LESS the North 1/8 AND LESS the East 2717.48 feet of Section 36,Township 36 South, Range 38 East,AND all that part of the West 1/2 lying Northwesterly of State Road 709 (Glades Cut-Off Road), Section 1,Township 37 South, Range 38 East,St. Lucie County, Florida, as described in O.R. Book 587, Page 1117, of the Public Records of St. Lucie County, Florida. Containing 325.79 acres more or less. (PARCELS 9 AND 10) BEING ALSO DESCRIBED AS FOLLOWS: Commence at the Southwest corner of said Section 1,Township 37 South, Range 38 East,thence North 00°19'30" West, along the West boundary of said Section 1, a distance of 614.85 feet to the Northwesterly right-of-way line of Glades Cut-Off Road (State Road 709) and the POINT OF BEGINNING of the following described Parcel;thence continuing Northerly along the said West boundary of Section 1, by the following courses and distances:Thence continue North 00°19'30" West, a distance of 2,020.44 feet;thence North 00°03'51" West, a distance of 2,798.84 feet to the Southwest corner of said Section 36,Township 36 South, Range 38 East; thence North 00°55'25" West, along the West line of aforesaid Section 36, a distance of 2,255.29 feet to the South line of the North 1/8(one-eighth)of the South 1/2 (one-half) of said Section 36;thence North 89259'38" East, along lastly said line, a distance of 3,867.02 feet to the East line of the West 128.00 acres of those lands described in O.R. Book 1626, Page 244, of the Public Records of St. Lucie County, Florida;thence South 00°08'49" East, along the said East line, a distance of 3,219.16 feet to the said Northwesterly right-of-way line of Glades Cut-Off Road (State Road 709);thence South 44°46'03" West, along said right-of-way line, a distance of 5,430.50 feet to the POINT OF BEGINNING, St. Lucie County, Florida. RIF 2025-XXX Page 8 ACTIVE:37863675.2 PARCEL 11: All of Section 2,Township 37 South, Range 38 East, LESS the South one-half(S 1/2) of the South one-half (S 1/2) (except the East 100 feet lying North of Glades Cut-Off Road)AND LESS the West 1917.9 feet thereof, St. Lucie County, Florida. Containing 318.04 acres more or less. PARCEL 12: The West 1917.9 feet of the North three-quarters(N 3/4) of Section 2,Township 37 South, Range 38 East, St. Lucie County, Florida. Containing 180.39 acres more or less. PARCEL 13: The North one-half(N 1/2)of the South one-half(S 1/2)of the Southwest one-quarter(SW 1/4)of Section 2,Township 37 South, Range 38 East, St. Lucie County, Florida. Containing 39.96 acres more or less. PARCEL 14: The North one-half(N 1/2)of the Southeast one-quarter(SE 1/4) of the Southeast one-quarter(SE 1/4), of Section 3,Township 37 South, Range 38 East, St. Lucie County, Florida. Containing 20.17 acres more or less. Total: Containing 3229.27 acres more or less. RIF 2025-XXX Page 9 ACTIVE:37863675.2 Exhibit"B" Roadway Improvements • Crosstown Parkway o Range Line Road To N/S A—Construct a 4-Lane Road o N/S A to Village Parkway—Widen from 2-Lanes to 4-Lanes RIF 2025-XXX Page 10 ACTIVE:37863675.2