HomeMy WebLinkAbout2025-009 - CRE-KL Silver Oaks Owner Ce.5 - 09 - I0i .3
RIF 2025-009
ROADWAY IMPROVEMENT AND IMPACT FEE CREDIT AGREEMENT BETWEEN
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AND CRE-KL SILVER
OAKS OWNER LLC("DEVELOPER"),IN CONSIDERATION FOR THE DONATION OF
CERTAIN RIGHT-OF-WAY FOR SILVER OAK DRIVE.
THIS IMPACT FEE CREDIT AGREEMENT is made and entered into as of this low day of
Stet t` abZ'r , 2025, by and between St. Lucie County, Florida, a political subdivision of the State of Florida,
hereinafter referred to as "St. Lucie County" and CRE-KL Silver Oaks Owner LLC., hereinafter referred to as the
("Developer").
RECITALS
WHEREAS, On March 1,2005,through Resolution No.05-021,the Board of County Commissioners granted
Final Planned Unit Development Site Plan approval for the development known as Silver Oaks PUD,for the property
located on the southeast corner of Tilton Road and Silver Oak Drive on the property (now) described in Section 3
herein;
WHEREAS, On April 29, 2009, St. Lucie County and then project developer "Lennar Homes LLC." entered
into a Development Agreement (C09-02-164) for the Silver Oaks PUD, which established terms and conditions
relating to the development of the Property,development rights,and benefits;
WHEREAS,the Developer(including predecessor(s) in interest) dedicated the specified right-of-way to St.
Lucie County via a Warranty Deed recorded on March 16,2010 and accepted by the Board of County Commissioners
via Resolution 10-079;
WHEREAS, Development Agreement C09-02-164 was amended in October 2012 (First Amendment) and
subsequently on October 25, 2019 (Second Amendment), required the Developer(CRE-KL Silver Oaks Owner LLC,
the successor in interest) convey to St. Lucie County, right-of-way along Silver Oak Drive and Dyer Road (for the
extension of Lennard Road)for additional right-of-way needs as further described in the attached Exhibit"A 1&2"
(the"Dedication"); •
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;
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 (TPO) Roads Impact Fee Eligibility Networks;
WHEREAS, the affected segment(s) of Silver Oak Drive (known in the Thoroughfare Protection Map as
Lennard Road) and Lennard Road is (are) identified in the St. Lucie County Comprehensive Plan Long Range
Transportation Maps and the County's Thoroughfare Protection Map;
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5551752 11/17/2025 10:56:53 AM
OR BOOK 5395 PAGE 1775-1785 Doc Type:AGR
RECORDING: $95.00
WHEREAS, the County's Comprehensive Plan identifies a future need for capacity expansion
improvements to be made to Lennard Road in order to accommodate future growth as set forth in the St. Lucie
County Comprehensive Plan;
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 Dedicated $72,431.89;
WHEREAS,the Developer is desirous of establishing and securing the amount of Credit that the Developer
is entitled to for value of the right-of-way donation;
WHEREAS, Chapter No. 2019-165, Laws of Florida, which became effective on June 28, 2019, and which
was subsequently amended by Chapter No. 2021-63, effective June 4, 2021,and Chapter No. 2024-266, effective
October 1, 2024, provides valuation security with respect to impact fee credits (the "Impact Fee Credit Law") and
applies to the Credits provided by this agreement.;
WHEREAS,the County's established Road Impact Fee rates were enacted by Ordinance No. 22-009 which
was made effective June 1, 2022, which was adopted by the St. Lucie County Commission on April 19, 2022, with
programmed updated through present.Said rates are shown in Exhibit"B 1&2";and
WHEREAS,the County and the Developer now desire to document how the Impact Fee Credit Law will be
applied to the Credits in connection with 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).
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 Impact Fee Credit.
The Developer is entitled to a credit against St. Lucie County Roads Impact Fees in the amount of Seventy-Two
Thousand Four Hundred Thirty-One Dollars and 89/100($72,431.89),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 for Silver Oak Drive.
Section 3. Limitation of Credit.
The 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.
Except as provided in Section 4 below,the credit established by this agreement is limited solely to the
property described below:
Legal Description: SILVER OAKS SUBDIVISION(Plat Book 132,Pages 1-15)
Parcel ID(s):3423-800-0374-000-6(et.al.)&3414-501-0801-060-1(Road Right-of-Way
Dedicated to County)
The Impact Fee Credit Law will be applied to the Credits as follows in connection with the Roads Impact Fee Rate
and any future fluctuations 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 received under the Agreement in the future are hereinafter
referred to as"Existing 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.
The St. Lucie County Road Impact Fee Rates active on the date of this agreement, pursuant to Chapter No. 2019-
165, Laws of Florida,are attached as Exhibit C herein.
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,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.
County Administrator With copy to: County Attorney
2300 Virginia Avenue 2300 Virginia Avenue
Fort Pierce,Florida 34982 Fort Pierce,Florida 34982
Where an established Community Development District (CDD) issued bonds to finance impact fee
creditable improvements and levy debt assessments on lands within the CDD to secure such bonds, the
CDD shall not levy corresponding debt assessments against any homeowners who has paid or will pay a
road impact fee that covers impact fee creditable improvements.
Section 5. Indemnification;Hold Harmless.
The Developer hereby releases and holds harmless the County and its officers, agents, and employees from any
claims and damages, now existing or hereafter occurring or related in any way to this Agreement. The Developer
agrees that the County shall incur no liability for the Developer actions relating to this Agreement. The Developer
does hereby agree to indemnify and hold the County,its officers,agents,and employees harmless from and against
any and all claims, damages, losses, expenses (including but not limited to attorneys' fees), causes of action,
judgments,liabilities arising out of or resulting from,in any fashion,the execution of this Agreement by the County.
This grant of indemnity shall be irrevocable. The grant of indemnity contained herein is absolute and unlimited. This
paragraph shall survive termination of the Agreement.
Section 6. 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 CRE-KL Silver Oaks Owner LLC.and any successors in interest and title to the property described in Section 3
above.
Section 7. 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.
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
76.1-1/414V-Li/L
puty Clerk Chair
?may C,OMM/a.0
ve t %' Alm.-- County Attorney
•
ROPERTY NE" NAME
TAWess i. dek''
Darlene J.Miklos By: ames P Harvey
Print Name
14025 Riveredge Dr.,#175 Title: Authorized Signatory
Tampa,FL 33637
Witne::AddresI
s
Bryon T.LoPreste
Print Name
14025 Riveredge Dr.,#I75
Tampa,FL 33637
Witness Address
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by means of[1 physical presence or[]online
notarization,thiskI3v'ott 1 cij -(date), by James P.Harvey of CRE-KL Silver
Oaks Owner LLC,a (STATE)Corporation,on behalf of the corporation. He/she is personally known to me
or had produced as identification.
[Notary Seal] Nota ignature
�.w. Darlene J.Miklos
' e• DARLENE J.MIKLOS Name Printed
•*: ;� MY COMMISSION#HH 711153
' pz EXPIRES:Au ust 17,2029
it
Exhibit A-1—Dedicated Right-of-way
Legal Description
LEGAL DESCRIPTION SKETCH ONLY NOT A BOUNDARY SURVEY
(TRACT"A"FUTURE LENNARD ROAD)
A CERTAIN PARCEL OF LAND.LYING IN SECTION 23.TOWNSHIP 36 SOUTH.RANGE 40 EAST.SAID LANDS BEING A
PORTION OF THE PROPOSED PLAT OF SILVER OAKS.SAID PROPOSED PLAT BEING A REPLAT OF TRACTS 1 THRU 16.
BLOCK 4.PLAT NO.I.ST.LUCIE GARDENS.AS RECORDED IN PLAT BOOK I.PAGES 35 AND 36.PUBLIC RECORDS OF
ST.LUCIE COUNTY.FLORIDA.SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 23.TOWNSHIP 36 SOUTH.RANGE 40 EAST;SAID POINT ALSO
BEING ON THE SOUTH RIGHT OF WAY LINE OF TRACT"A",A.K.A.PROPOSED LENNARO ROAD;THENCE S 89'52'45"
W,ALONG SAID SOUTH RIGHT OF WAY LINE.SAID LINE ALSO BEING THE SOUTH LINE OF THE AFORESAID SECTION
23.A DISTANCE OF 1913.85 FEET TO THE POINT OF CURVATURE OF A CURVE,CONCAVE TO THE NORTHEAST.WITH
A RADIUS OF 785.00',AND WHOSE CENTRAL ANGLE IS 60'39'38".AND WHOSE CHORD BEARS N 59•47'26"W;
THENCE NORTHWESTERLY.ALONG THE ARC OF SAID CURVE.A DISTANCE OF 831.10'TO A POINT WHICH LIES ON THE
EASTERLY RIGHT OF WAY LINE OF SILVER OAK DRIVE.SAID LINE ALSO LYING 50.00 FEET EAST OF.AS MEASURED
AT RIGHT ANGLES TO.THE WEST LINE OF THE SOUTHEAST Y.(ONE-QUARTER).OF AFORESAID SECTION 23,SAID
LINE ALSO BEING THE WEST LINE OF PROPOSED TRACT"A",A.K.A.PROPOSED LENNARD ROAD,OF THE PROPOSED
PLAT OF SILVER OAKS.POINT ALSO BEING NON-TANGENT.CONTINUE N 00°13'26"W,ALONG SAID LINE.A DISTANCE
OF 1704.19'TO A NON-TANGENTIAL POINT OF CURVATURE OF A CURVE,CONCAVE TO THE WEST.WITH A RADIUS OF
780.00'.AND A CENTRAL ANGLE OF 13•0010".AND WHOSE CHORD BEARS S 06.4331"E:THENCE SOUTHERLY.
ALONG THE ARC OF SAID CURVE.A DISTANCE OF 177.01'TO A POINT WHICH LIES 20.00'EAST OF,AS MEASURED
AT RIGHT ANGLES TO.THE EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID SILVER OAK DRIVE.SAID LINE ALSO
BEING THE EAST LINE OF PROPOSED TRACT"A".A.K.A.LENNARO ROAD.OF THE PROPOSED PLAT OF SILVER OAKS:
THENCE S 00°1376"E.ALONG SAID LINE.A DISTANCE OF E45.29'.TO THE POINT OF CURVATURE OF A CURVE.
CONCAVE TO THE NORTHEAST.WITH A RADIUS OF 665.00'.AND A CENTRAL ANGLE OF 89,53•49n THENCE
SOUTHEASTERLY.ALONG THE ARC OF SAID CURVE.A DISTANCE OF 1043.38'TO A POINT ON A LINE WHICH LIES
120.00 FEET NORTH OF.AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF THE SOUTHEAST V.
(ONE-QUARTER),OF AFORESAID SECTION 23.SAID LINE ALSO BEING THE NORTH LINE OF PROPOSED TRACT A.
A.K.A.LENNARD ROAD,OF THE PROPOSED PLAT OF SILVER OAKS;THENCE N 89.52'45"E.ALONG SAID LINE.A
DISTANCE OF 1914.27'TO A POINT ON THE EAST LINE OF THE SOUTHEAST%(ONE-QUARTER)OF SECTION 23.
TOWNSHIP 36 SOUTH.RANGE 40 EAST.ALSO BEING THE CENTERLINE OF'SHANA'S TRAIL A PRIVATE
INGRESS/EGRESS EASEMENT PER O.R.B.1155.PAGE 1237.ST.LUCIE COUNTY PUBLIC RECORDS:THENCE S
00°04'40"W.ALONG SAID LINE.A DISTANCE OF 120.00'TO THE POINT OF BEGINNING.
CONTAINING 8.3915 ACRES MORE OR LESS. LEGEND
P.O.C. • POINT OF COMMENCEMENT
P.0.8. • POINT OF BEGINNING
SURVEYOR'S NOTES: P B • PLAT BOOK
PG. • PAGE
I. THIS IS NOT A BOUNDARY SURVEY. R • RADIUS
2.BEARINGS HEREON BASED ON THE SOUTH LINE OF L • ARC LENGTH
SECTION 23 TOWNSHIP 36 SOUTH.RANGE 40 EAST.SAID A • CENTRAL ANGLE
LINE BEARS S 89•52'45"W.ALL BEARINGS ARE RELATIVE CB CHORD BEARING
THERETO. R/W • RIGHT-OF-WAY
( • CENTERLINE
3.NO SEARCH OF THE PUBLIC RECORDS WAS MADE B1�THIS. U.E. • UTILITY EASEMENT
OFFICE. ..E611
CERTIFICATION:
111
UNLESS THIS DOCUMENT BEARS THE SIGNATURE AND THE,QR J ^@.fEORIOA LICENSED
SURVEYOR AND MAPPER.THIS DRAWING.MAP.SKETCH'OR;pj, ,f. k IRPOSES ONLY AND IS
NOT VALID. '/- �+ ••a'
DATE `71Ico'9 eae
I•.
SIGNATURE DATE • :i '5.' f `' )L 4-,
FCbG CERTI 4 faAPPER
MICHAEL B.SCHORAH ,
8 ASSOCIATES,INC. UTURE LENNARD RD.)
I� IWO PORESTHU BLVD..BANE ME `
NW PALM NEAa6 FLORIDA FLORl 3os i'.
1__._/ EN2636 TEL.taellasecoso FAX.)MI)B°2.8728 UM za/ LVER OAKS
)( � row. NONE ow" M.A.M. Scot r•200' (PROPOSED PLAT)
loo• NONE cwt. SEPT..2009 •"o. rat 1228
••« NONE r"c<.tc C.S.P. <•co,r 1220.19D s"tt No I or 4 l.rcB NO 1228
Exhibit A-2—Dedicated Right-of-way
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C.O.•R4r47'LAY 105N315 36 SOWN.RY10C 40 i 0 r. IOWINOP%SOVTN,RAe6C 40 L l L P0.S/0'SIMI A00/CAI
SWIM V4 COMP W KCriOI i1. I 4r5Y45'e 2NlA.'II/4 fCCT4N lK) •Q 6 44.32'43Y 2N744.0/4 SECTION LnL) (COVIO NOT In40 WI 0
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Exhibit B—Calculation of Right-of-Way Dedication Valuation
ASSESSED VALUE OF THE LAND $947,100
VALUE OF THE LAND INCLUDING THE 120% $1,136,520.00000
SIZE OF THE PROPERTY IN ACRES(Overall) 131.67
SIZE OF PROPERTY IN SQUARE FEET 5735545.2
VALUE PER ACRE $8,631.57895
VALUE PER SQUARE FOOT $0.20
ROAD FRONTAGE x R/W WIDTH 0.00000
R/W ACREAGE 8.3915000
COST TO ACQUIRE $72,431.89
Exhibit C-1-Road Impact Fee Rates at Credit Issuance(Residential)
ST LUCIE COUNTY IMPACT FEES
EFFECTIVE 1/1/2025 through 9/30/2025
RESIDENTIAL
ROAD IMPACT FEES
City of Fort City of North FP South
Unincorporated Pierce PSI. Island Island Island
Single Family(<2,000 SqFt), Per Unit $3,344 $3,242 $1,230 $2,666 $3,083 $2,883
Very Low Income x
Single Family(<2,000 SqFt), Per Unit $4,075 $3,949 $1,501 $3,250 $3,756 $3,517
Low Income C
Single Family(<2,400 SqFt) Per Unit $5,610 $5,439 $2,060 $4,477 $5,177 $4,845
Single Family(2,400 to 3,499 SciFt) Per Unit $6,858 $6,648 $2,519 $5,469 $6,328 $5,919
Single Family(3,500+SgFt) Per Unit $6,962 $6,749 $2,564 $5,554 $6,425 $6,010
Single
•
Multifamily,Very Low Income tt Per Unit $2,638 52,557 $968 $2,510 $2,971 $2,790
Multifamily,Low Income ti Per Unit $3,216 $3,117 $1,175 $3,056 $3,261 $3,324
Multifamily(<750 SqFt) Per Unit $3,567 $3,456 $1,303 $3,391 $3,854 $3,770
Multifamily(750 to 1,499 SqFt) Per Unit $4,336 $4,204 $1,589 $4,122 $4,521 $4,583
Multifamily(1,500+SqFt) Per Unit $4,985 $4,829 $1,826 $4,736 $5,246 $5,268
Multifamily,Very Low Income:: Per Unit $1,959 $1,899 $713 $2,122 $2,056 $2,061
Multifamily,Low Income 7 Per Unit $2,264 $2,195 $815 $2,286 $2,195 $2,286
Multifamily(<750 SqFt) Per Unit $2,649 $2,568 $971 $2,742 $2,640 $2,700
Multifamily(750 to 1,499 SqFt) Per Unit $3,120 $3,027 $1,131 $3,181 $3,054 $3,159
Multifamily(1,500+SqFt) Per Unit $3,615 $3,504 $1,310 $3,689 $3,542 $3,659
Mobile Home/RV Unit(Park Only) Per Unit $2,227 $2,158 $807 $1,855 $1,855 $2,347
Other Residential Per Unit $6,050 $5,864 $2,226 $4,824 $4,824 $5,221
Exhibit C-2-Road Impact Fee Rates at Credit Issuance(Commercial/Non-Residential)
ST LUCIE COUNTY IMPACT FEES
EFFECTIVE 1/1/2025 through 9/30/2025
COMMERCIAL
ROAD IMPACT FEES
City of City of North FP South
Umt Unincorporate Fort Pierce PSL Island Island Island
Hotel/Motel Room $2,432 52,357 $890 52,817 $2,705 $2,588
Bed&Breakfast" Guest Room $2,004 $1,944 $734 $2,278 $2,187 $2,150
RECREATION
Multi-Purpose Recreational Cent 1,000 Sg Ft $1,378 $1,336 $485 $591 $591 $511
Moyle Theater Seat $379 $367 5132 $160 $160 $136
INSTITUTIONS
Elementary School(Private) 1,000 SqFt $6,881 $6,604 52,402 $2,842 $2,842 $2,458
Middle/High School(Private) 1,000 SqFt $6,437 $6,178 $2,252 $2,722 $2,722 $2,354
Day Care Center 1,000 SqFt $2,442 $2,364 $851 $918 $696 $804
Hospital 1,000 SqFt $6,478' $6,280' $2,383' $2,419' $2,419' $2,095'
Nursing Home 1,000 sgft 51,723 $1,669 5613 $628 $628 $588
Lodge/Fraternal Or anization 1,000 SqFt $2,698 $2,617 $876 $1,000 $1,000 $873
Off3CE''. •
General Office 1,000 SqFt $4,066' 53,943' $1,486 $1,371' 51,063' 51,214
(
Retail/Shopping Center 1,000 SFGLA $3,816 $3,693 $1,292 $1,200 $1,200 $1,054
(<40,000 SFGLA)
Retail/Shopping Center 1,000 SFGLA $6,935 $6,716 $2,414 52,181 52,181 $1,915
(40,000 to 150,000 SFGLA)
Retail/Shopping Center 1,000 SFGLA $8,453 58,189 53,011 $2,631 $2,631 $2,339
(150,000+SFGLA) _
Gas Station w/Convenience
Store Fuel POS. $8,227 57,969 $2,856 $2,582 $2,582 $4,554
(<2,000 SqFt)
Gas Station w/Convenience
Store Fuel POS. $9,818 $9,506 $3,406 $3,079 $3,079 $5,433
(2,000 to 5,499 SqFt)
Gas Station w/Convenience
Store Fuel POS. $11,024 $10,676 $3,824 $3,459 $3,459 $6,100
(5,500+Soft)
INDUSTRIAL
Intermodal Distribution Center/ 1,000 SqFt $768' $744' $279 $284' $284' $253'
High-Cube Warehouse
General Industrial 1,000 SqFt $1,208' $1,169' $441' $444' $303 $386'
Warehouse 1.000 SqFt $956' 5929' 5353- 5359- 5359 5310'
Exhibit C-3 Road Impact Fee Benefit Zones as of Agreement Date
ST LUCIE COUNTY IMPACT FEES
Benefit Zones
Lu._ St Lucie County
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