HomeMy WebLinkAbout2026-009 - Mattamy Palm Beach MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5643566 07/10/2026 12:55:44 PM
OR BOOK 5502 PAGE 93-105 Doc Type:AGR
RECORDING: $112.00
RIF 2026-009 62_(o-D -t)5&q
ROAD IMPACT FEE CREDIT AGREEMENT BETWEEN ST. LUCIE
COUNTY BOARD OF COUNTY COMMISSIONERS AND MATTAMY
PALM BEACH, LLC (ALTERNATIVELY REFERRED TO AS MATTAMY
HOMES PALM BEACH, LLC) IN CONSIDERATION FOR THE
CONSTRUCTION OF CERTAIN ROAD IMPROVEMENTS AND
DONATION OF CERTAIN RIGHTS-OF-WAY IN CONNECTION WITH
DEVELOPMENT OF THE MIXED-USE COMMUNITIES KNOWN AS
"TRADITION,""SOUTHERN GROVE,"AND"WESTERN GROVE"
This Road Impact Fee Credit Agreement (the "Agreement") is made and entered into this 2IT-4 day of
'DWI?, , 2026, by and between St. Lucie County, Florida, a political subdivision of the State of
Florida (the "County"), and Mattamy Palm Beach, LLC (Alternatively referred to as Mattamy Homes
Palm Beach, LLC.)a Delaware limited liability company,(the"Developer").The County and the Developer
each sometimes referred to as a "Party" and collectively as the"Parties."
WITNESSETH
WHEREAS, the County entered into an Impact Fee Credit Settlement Agreement dated October
16, 2007 (the "Settlement Agreement")with Core Communities (the "Prior Developer")for certain rights-
of-way (the "ROW Donations") and certain roadway improvements (the "Road Improvements")
constructed or intended to be constructed within the southwest annexation area of the City of Port St.
Lucie communities of Tradition, Southern Grove and Western Grove (the"Benefitting Properties"); and
WHEREAS, on January 27, 2009, an Assignment and Direction Agreement (the "Assignment
and Direction")was recorded in Official Records Book 3065, Pages 1878-1919, of the Public Records of
St. Lucie County, Florida,from Core Communities, LLC.to the Tradition Community Development District
No. 1. for assignment and direction regarding public road credits within Tradition District 1; and
WHEREAS, the identified road segments in the Settlement Agreement are deemed eligible for
Road Impact Fee Credits from the County in the amount of thirty-one percent(31%)of eligible expenses,
pursuant to the terms of the applicable Settlement Agreement; and
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,Section 24-264(c)of the St.Lucie County Code of Ordinances provides for the County
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, the roadway and capacity improvements made to Becker Road (Community Blvd. to
Village Parkway)(collectively the"Improvements")were necessary to accommodate future growth, as set
forth in the St. Lucie County Comprehensive Plan; and
WHEREAS, the County and the Developer are entering into this Agreement granting credits
against road impact fees to the Developer for the Improvements; and
WHEREAS, based upon the provisions of Section 24-264(c) of the St. Lucie County Code, the
County desires to grant credits against road impact fees for the actual cost to complete certain
portions of the Improvements;
WHEREAS, the cost of the completed Improvements that are eligible for consideration of Road
Impact Fee Credit is $2,634,971.48 (the "Credit"), which amount has been adjusted based on the actual
cost of completing the Improvements; and
WHEREAS,the Developer is desirous of establishing the general method and amount of Credit that
the Developer shall be entitled to for the value and costs associated with the road improvements; and
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 "Florida Impact Fee Act")
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"), with subsequent adjustments
completed through September 30, 2026; and
WHEREAS, the County and the Developer now desire to document how the Florida Impact Fee
Act will be applied to the Credits allocated herein 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), beginning with the January 1, 2026 adopted rates as a benchmark; and
WHEREAS, the County conducted an audit of the Developer's submittal, including all invoices
and supporting documentation; and
WHEREAS, in response to the Developer's request for the Credits, the County conducted a
comprehensive review of the submitted documentation, based on key audit assumptions, verification of
invoicing and eligibility, and a final cost reconciliation, as further detailed below, has confirmed the Credit
Developer is entitled to as set forth in this Agreement.
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 Road Impact Fee Credit.
The Developer is entitled to a credit against the County Roads Impact Fees in the amount of Two
Million Six Hundred Thirty-Four Thousand Nine Hundred Seventy-One Dollars and Forty-Eight
Cents ($2,634,971.48), under the criteria set forth in Section 24-264(c) of the St. Lucie Code for
the completion of certain Improvements graphically indicated in Exhibit "A" and specifically
identified in Exhibit "B" attached hereto and made a part hereof. The Parties acknowledge and
agree that the Credits against road impact fees were conditional upon acceptance of those
Improvements by the City of Port St. Lucie, and the Developer has provided the County with
documents showing the actual cost of the Improvements in sufficient detail for pre-audit and post-
audit purposes.
Section 3. Limitation of Credit.
Except as provided in Section 4 below, the Credits established by this Agreement are limited solely
to the property described below:
Legal Description: The Western Grove, Southern Grove & Tradition Parcels as
described in Official Records Book 4153, Pages 858-869, of the Public Records
of St. Lucie County, Florida, and graphically identified as Exhibit"C".
Parcel IDs: 4305-110-0000-000-6, 4305-333-0001-000-8, 4305-322-0001-000-
4, 4305-322-0002-000-1, 4306-311-0000-000-6, 4305-322-0002-000-1, 4305-
110-0000-000-6, 4315-700-0007-000-7, 4309-803-0008-000-1, et al. (collectively
the "Property")
The Credits 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 Florida Impact Fee Act will be applied to the Credits as follows in connection with 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. 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 Credits will be increased by the
percent increase of the impact fee rate upon the effective date of the rate increase, and 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.
c. The Road Impact Fee rates in effect on the Credits Receipt Date for the Credits issued by this
Agreement are attached herein as Exhibits "D-1" and "D-2".
Section 4. Transferability and Assignability of Road Impact Fee Credits.
Pursuant to s. 163.31801(10), Fla. Stat. (2022), the 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 Improvements specified in Section 2 of this Agreement. If a 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 addresses shown below no
less than ten (10) business days, as documented by courier receipt, prior to execution of an
assignment of said Credit, and the St. Lucie County Administrator, or designee, shall confirm in
writing within ten (10) business days, as documented by courier receipt, following receipt of the
notice whether St. Lucie County objects to the use of the Credit based on compliance with statutory
requirements. If the County does not provide a response within such ten(10) business day period,
the use of the Road Impact Fee Credit in the adjoining impact fee zone shall be deemed acceptable.
If the County objects, the Parties shall meet in a good faith effort to resolve the objection. The
County reserves the right to deny assignment if it determines the request is inconsistent with the
terms of this Agreement or applicable ordinances.This Agreement remains in effect until all Credits
are fully utilized, at which point it terminates. The Developer shall provide documentation to St.
Lucie County of any executed assignment of Credits to an assignee for transfer and use on a parcel
other than the Property. The Developer shall reserve sufficient 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(the"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. Recordability of Agreement.
This Agreement shall be recorded by the 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 Section 3 above.
Section 6. Termination of Agreement.
This Agreement shall be effective until all the Credits authorized herein have been consumed
through the issuance of a building permit, or similar development approval.
Section 7. Indemnification; Hold Harmless.
The Developer hereby releases and hold 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's
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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written
above.
Signed, sealed, and delivered in the presence of:
ST. LUCIE COUNTY
ATTEST: G0MM/S+s' BOARD OF COUNTY
COMMISSIONERS
o � °tip,
y:
Deputy Clerk Chair
APPR ED AS TO FORM AND
�ou"fl' ECTNESS
County A46rney
Mattamy Palm Beach, LLC (Alternatively
referred to as Mattamy Homes Palm
Beach, LLC.)
Witness
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Print N e
ahUU (2'vC'r10-yA lct s� Title: VC ✓ S 16ler
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Witn ss Address
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Print Name
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STATE OF FLORIDA
COUNTY OF T" CA4'
The foregoing instrument was acknowledged before me by means of[*hysical presence or[] online
notarization, this �ZS�t f 74AL ?.OZIO(date), by y, V4q L,40MTSd I11 of Mattamy Palm
Beach, LLC, (Alternatively referred to as Mattamy Homes Palm Beach, LLC.)a Delaware limited liability
company, on behalf of the company. He/she is personally known to me or had produced
as identification.
[Notary Seal] ' MARTHAH.SILC+X otary Signature
® Notary Public•State of Florida
� Commission k HH c 13,2
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Name Printed ationaiNotaryAssn.
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Exhibit A — Eligible Impact Fee Creditable w ,
Road Segments Constructed
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Exhibit B
Mattamy Homes Tradition Roadway Cost Overview for Impact Fee Credit Calculation
MATTAMY HOMES TRADITION ROADWAYS ROADWAY IMPACT FEE CREDITS
Roadway Revised Post TIM PATH Agreed Amount County Request
SAD Cost (requested of Deduction
(05.09.25)1 Mobility Fees
CDD SG BECKER $9,038,085 $347,093 $191,084 $8,499,908
RD EXT
Total $8,499,908
*This list is not fully comprehensive and does not include all projects constructed to date,or planned.Future
requests for Impact Fee Credits will be made based on the 2007 Settlement Agreement.
*The identified road segments in the Settlement Agreement are deemed eligible for Road Impact Fee Credits
from the County in the amount of thirty-one percent(31%)of eligible expenses,pursuant to the terms of the
applicable Settlement Agreement.
1 Revised Post SAD Cost only reflects adjustment made to costs related to Guettler Brothers Construction,LLC.All
Guettler costs were removed from the "Organized Detail"tab and summarized based on the "Guettler Summary"
tab that reflects the finalized pay applications.
Exhibit C
Graphic of Legal Description for Western Grove, Southern Grove and Tradition Property
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Exhibit D-1
St. Lucie County Road Residential Impact Fee Rates Effective January 1, 2026
ST LUCIE COUNTY IMPACT FEES
EFFECTIVE 1/1/2026 through 9!3012026
RESIDENTIAL
ROAD IMPACT FEES
City of Fort City of North FP South
Unincorporated Pierce PSL Island Island Island
Single Family(<2,000Sgrt) Per Unit $3,438 53,302 $1,230 $2,743 $3,111 $4966
Very Low Income 11
Single Family(<2,000SgFt), Per Unit 54,190 $4,023 $1,501 $3,342 $3,864 53,616
Low Income tr
Single Family(<2,400SgFt) Per Unit $S,773 $S,541 $2,060 $4,604 $S,324 $4,982
Single Family(2,400 to 3,499 Ft) Per Unit _ $7,054 $6,773 $2,519 $5,626 56,So8 $6,089
SinglieFami (3,50 Ft) Per Unit $7,160 $6,876 $2,564 $S,711 $6,607 $6,181
STORIESMULTt-FAMILY 1-3
Multifamily,Very Low Income if Per Unit $2,714 $2,606 $968 $2,581 $3,0S6 $2,90
Multifamily,Low Income 11 Per Unit $3,308 53,176 $1,17S $3,144 $3,261 $3,396
Multifamily(<750SgFt) Per Unit $3,668 53,522 $1,303 $3,488 $3,913 $3,877
Multifamily(750to1,499SgFt) Per Unit $4,460 $4,282 $11589 $4,239 $4,539 $4,714
Multifamil 1,500+NFtj Per Unit SS,126 $4,921 $1,826 $4,872 $5,265 $5,417
Multifamily,Very Low income 4 Per Unit $2,015 $1,934 $713 $2,160 $2,073 $2,120
Multifamily,Low Income If Per Unit $2,296 $2,19S $815 $2,286 $7,195 $2,296
Multifamily J<750 S9Ft) PerUnit $2,723 $2,615 $971 $2,7SO $2,640 $2,750
Multifamily(750 to 1,499 SgFt) Per Unit $3,181 $3,054 $1,131 $3,181 $3,OS4 $3,181
Multifamily(1,500+SgFt) Per Unit $3,689 $3,S42 $1,310 $3,689 $3,S42 $3,689
Mobile Home/RV Unit(Park Only) Per Unit $2,289 $2,198 $907 $1,908 $1,908 $2,414
Other Residential Per Unit $6,222 $5,97S $2,226 $41961 $4,961 $S,371
Land Use Unit Pub Bldg Law Enf Parks Library Fire/EMS School
Single Family DU $547.50 $369.00 $2,560.50 $395.89 $650.00 $6,786.00
Condominium DU $547.50 $351.65 $2,560.50 $372.69 $650.00 56,786.00
Multifamily(1-2 stories) DU $490.50 $256.50 $2,294.50 $288.00 $502.00 53,470.00
Multifamily(3+stories) DU $490.50 $262.50 $2,284.50 $295.50 $637.00 $3,470.00
Mobile Home/RV DU $360.00 $229.50 $1,677.00 $253.78 $432.00 $1,958.00
Other Residential Elect $547.50 $180.48 $889.43 S129.06 5650.00 S6,786.00
#INCOME ELIGIBILITY VERIFICATION AND DEED RESTRICTIONS REQUIRED FOR ALL LOW-INCOME LAND USE CATEGORIES
-REVISED FEES ARE BASED UPON 2022 IMPACT FEE STUDIES ADOPTED ON APRIL 19,2022 FOR ROADS,PARKS,LIBRARY,
PUBLIC BUILDINGS.AND LAW ENFORCEMENT,AND SEPTEMBER 6.2022 FOR FIREIEMS. THESE STUDIES,AS WELL AS OTHER
IMPACT FEE RELATED INFORMATION,CAN BE FOUND ON THE COUNTY WEBSITE AT STLUCIECO.GOV"IMPACTFEES,
Exhibit D-2
St. Lucie County Commercial Road Impact Fee Rates Effective January 1, 2026
ST LUCIE COUNTY IMPACT FEES
EFFECTIVE 1/1/2026 through 9130/2026
COMMERCIAL
City of C=ty of North FP South
tkNt Unincorparatc Fort Pierce PSI. Island Island Island
e• IML
NOt1tj#3ptl) Room $21sw $2,401 5s '
8ed>Rttre4kfa4t•• Guest Room $2,062 $2,979 51'-t N) "s 5; is
RECREATION
Multi-PurposeReaeatJohWCeMt 1A=SgFt S1 .118 S1,3t>l ------ $SOS
Motrlellltstlf 3Nt
-�31l1.31a's
Elementary Schooi(Private) 2,0005gFt 56,881
MiddlefMigh School lPrtyotel 1.000 SgFt $6,431 _ $6,118 52,252 _.$1,799 $2,799 $2,422 -...
Day CaritC~ 1,000 SgFI 52,s11 57,408 S8S1 $945 $716 $827
Hospital 1,000 SgFt $6,663' 56,398, 52,383' S2,4e9' $2,489' $2,154"
Nursing flonbe 1.000 SgFt $2,773 $1,701 %13 $646 $646 $604
sMlatlorl 1,000 it $2,775 ..._....5J,666..._.- $992 $1,027 $1,027 $111198
t3erA"OfNae 1,000 jF1t $4,193' $4,016` 51,48V $1.412 $1,094' $1,247'
Rtttail/ShopipingCenter 2,000SFGLA S3.92S $3,761 $1,292 $1,215 $11235 $1.085
I<40,000 SFGIA
Retail/Shopping Center 1,000 SFGIA $7,133 $6,842 $2,414 $2,244 $2,244 $1,969
(40,000 to 150,000 SFGLA)
Retail/Shopping Center 1,000SFGLA *693 $3,341 53,011 $2.707 $2,707 $2,405
1150,000-SFGLA)
Gas Station w/Convenience
store Fuel POS. $8,462 $8,116 $2,8S6 $2,6ss $2,6S5 $4,695
(<2,000 SqF t)
Gas Station w/Convenience
Store Fuel POS. $10,097 $9,683 $3,406 $3,167 $1,167 5S,S89
(2,000 to 5,499 SgFt)
Gas Station w/convenience
Store Fuel POS. $11,339 510,814 $3,824 53,SS7 53,557 56,27S
T -
Inte-wdal
1,000 Sgft 5740' 57" $279` $293' 5793 $J61
High-Cube WalehOUSC
General Industrial 1,000 SgF1 $1,243, 51,191• 5"1" 54SV 5311, S397
warehouse 1,000 sgrt S984' 594S` S353• S370' $370- $318,
'FINAL FEE SUBJECT TO SLC TARGETED INDUSTRY PROGRAM. OPTIONS USER SHOULD CONSULT WITH ST.LUCIE COUNTY FOR
ELIGIBILITY REQUIREMENTS.
"DOES NOT INCLUDE PRIMARY RESIDENCE. SINGLE FAMILY UNIT MUST BE ASSESSED FOR THE RESIDENTIAL PORTION OF THE
USE.
•REVISED FEES ARE BASED UPON 2022 IMPACT FEE STUDIES ADOPTED ON APRIL 19.2022 FOR ROADS.PARKS,LIBRARY,PUBLIC
BUILDINGS,AND LAW ENFORCEMENT,AND SEPTEMBER 6.2022 FOR FIRE/EMS. THESE STUDIES,AS WELL AS OTHER IMPACT FEE
RELATED INFORMATION,CAN BE FOUND ON THE COUNTY WEBSITE AT STLUCIECO_GOVIIMPACTFEES.