Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 21-R145, Authorization to Execute the Agreement for Amendment of Dedications on Plat Between the Port St. Lucie Governmental Finance Corporation, a Florida Not For Profit Corporation, and the City of Port St. Lucie, Florida, a Florida Municipal Corporation.
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Submitted By: Wes McCurry, CRA Director
Strategic Plan Link: The City's Goal of a diverse local economy and employment opportunities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Port St. Lucie Governmental Finance Corporation (“GFC”)
2. Parties: Port St. Lucie Governmental Finance Corporation (“GFC”) and City of Port St. Lucie Florida (“City”)
3. Purpose: City’s purchase of approximately 44.2 acres for development of 400,000 to 500,000 square feet of Office use (the “PSA”).
4. New/Renewal/Modified: New
5. Duration: n/a
6. Benefits to Port St. Lucie: Removal of plat dedications hindering title to GFC property under contract to Cleveland Clinic, Florida
7. Cost to Port St. Lucie (Annual and Potential): n/a
Presentation Information: A short presentation may be provided by staff or City.
Staff Recommendation: Move that the Council approve the Resolution and direct the Mayor to execute the Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Resolution and direct the mayor to execute the Agreement.
2. Move that the Council not approve the Resolution and provide staff with direction.
Location of Project:
9.79 acres located at the Southwest quadrant of Interstate 95 and Tradition Parkway comprising the following parcels (the “Property”):
4315-502-0003-000-1 Southern Grove Plat No.8, Water Management Tract No. 1 (9.61 Ac)
4315-502-0004-000-8 Southern Grove Plat No.8, Water Management Tract No. 2 (0.18 Ac)
Background:
SOUTHERN GROVE PLAT NO. 8, as recorded in Plat Book 62, at Page 29 of the Public Records of St. Lucie County, Florida contains on its face, in Dedication Number 3, a dedication of water management tracts (“WMT-1 and WMT-2") in favor of Horizons St. Lucie Development, LLC (“Horizons”) its successors and assigns. The Plat also contains on its face, in Dedication Number 4, a dedication of a lake maintenance easement (“LME”) in favor of the Tradition Commercial Association, Inc. (“Association”), its successors and assigns. The LME as shown on Page 3 of the Plat, is located within WMT-1.
On December 14, 2020, the GFC Board authorized execution of a Purchase and Sale Agreement with Cleveland Clinic Florida for the purchase of the Property for development of 400-500,000 square feet of medical related facilities (the “PSA”). WMT-1 is included within the Purchase and Sale Agreement between GFC and Cleveland Clinic, Florida (the “Buyer”). On July 26, 2021, the GFC Board authorized execution of an amendment to the PSA which required GFC to obtain Quit Claim deeds from Horizons and Association to abandon their interests in the WMT and LME.
Issues/Analysis:
Quit Claim deeds were obtained from Horizons and Association conveying all interest in WMT-1 and WMT-2 to GFC. The recorded deeds are attached hereto. GFC seeks to abandon all interest in WMT-1, WMT-2 and the LME, because they are no longer necessary to accommodate drainage, by executing and recorded the proposed Agreement for Amendment of Dedications on Plat attached hereto. Being that the dedications also affect WMT-2, GFC is seeking removal of the dedications for WMT-2 on behalf of Mattamy Homes.
Financial Information: N/A
Special Consideration: N/A
Attachments:
1. Resolution;
2. Exhibit “A” to Resolution -Agreement for Amendment of Dedications Plat
3. Southern Grove Plat No. 8
4. Quit Claim Deed from Horizons to GFC
5. Quit Claim Deed from Association to GFC
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Numerical Reference Number or enter N/A
LEGAL SUFFICIENCY REVIEW:
Reviewed by Elizabeth Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.