Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve the Police Department Land Conveyance Agreement
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Submitted By: Mary Savage-Dunham, Director of Planning and Zoning
Strategic Plan Link: The City’s Mission to enhance our community’s safety.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Verano Development, LLC and the City of Port St. Lucie
2. Parties: City of Port St. Lucie (the “City”) and Verano Development LLC, and PSL Land Investments LLC, collectively the Verano entities will be referred to as (the “Developer”).
3. Purpose: The Police Department Land Conveyance Agreement (“Agreement”) facilitates the Developer’s satisfaction of condition 55 in Verano Development of Regional Impact Development Order (“DO”) and several provisions within related PUDs, that relate to the provision of police protection.
4. New/Renewal/Modified: New
5. Duration: In perpetuity.
6. Benefits to Port St. Lucie: Provides a 1-acre parcel of land on Crosstown Parkway for Public Safety need and/or a Police Substation.
7. Cost to Port St. Lucie (Annual and Potential): Costs related to ownership of the 1-acre parcel of land.
Presentation Information: Questions will be answered by staff upon request.
Staff Recommendation: Move that the Council approve the Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Agreement.
2. Move that the Council Table the item and provide staff direction.
Background: Developer is the owner of certain property located within a mixed-use development located in St. Lucie County, Florida, generally referred to as the “Verano” development, a development of regional impact (the “Verano DRI”). The Verano DRI was approved as a development of regional impact by various resolutions (the “DRI Approvals”). The DRI Approvals contain certain conditions of approval, including Condition No. 55, a DRI condition relating to planning for the provision of police protection to meet current and future demands created as a result of permanent employment and residential development of the Verano DRI (“DRI Condition No. 55”), which contains the following language:
55. Police Service
Prior to January 1, 2005, the Developer shall provide a plan for the provision of police protection to meet the demand created as a result of permanent employment and residential development for the project. The methodology used to determine the demand and the standards used to determine adequate protection shall be agreed upon by the Developer and the City of Port St. Lucie and shall include a provision to allow for mini-substation located within a commercial area, if needed, in the Verano DRI. The plan shall be subject to City approval. Such police protection facilities shall be available to serve projected demand in accordance with the approved plan.
Additionally, POD’s G and H of the Verano DRI contain the following language, as PUD Conditions No. 15 (the “PUD Conditions”):
15. Police Facilities
Verano Development is serviced by the City of Port St. Lucie Police Department (PSLPD). If requested by the PSLPD, a mini-substation located within a commercial area of POD G [or Pod H, as applicable] may be provided.
Issues/Analysis: The City and Developer desire to enter into the Agreement to memorialize the full performance of DRI Condition No. 55 and the PUD Conditions through a land conveyance of a parcel of land intended for a Police Substation.
Financial Information: N/A
Special Consideration: The Verano POD H PUD amendment is on this agenda as a first reading. Satisfying this obligation was a condition of the PUD also so accepting this agreement on consent enables the PUD to move forward.
Location of Project: North of Crosstown Parkway, west of N/S A, adjacent to the future park site.
Attachments:
1. Conveyance Agreement
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: 25198-09
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.