Placement: Consent Agenda
Action Requested: Motion / Vote
title
Amended and Restated Fire/EMS Development and Impact Fee Agreement for Southern Grove and Western Grove Developments of Regional Impact
body
Submitted By: Wes McCurry, Community Redevelopment Agency
Executive Summary (General Business): Joinder by the City of Port St. Lucie to the revised, amended and restated agreement.
Presentation Information: N/A.
Staff Recommendation: Move that the Council approve.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve.
2. Move that the Council provide staff with additional direction.
Background: On or about September 19, 2007, the Fire District and Tradition Development Company, and its associated Developers, entered into a Developers’ Agreement, whereby the Developers would provide a fire station site for the Southern Grove DRI by October 1, 2008, and for the Western Grove DRI by October 1, 2009.
In October 2008, due to conditions in the real estate market, the Developers requested that the above dates for providing the fire station sites to the Fire District be delayed until October 1, 2011 and October 1, 2015, respectively.
Subsequently, Mattamy Homes purchased the properties contained within the Southern and Western Grove DRI’s from Tradition Land Company, which necessitated the negotiation of a revised, updated and amended agreement between Mattamy Homes and the Fire District.
Issues/Analysis: The City was a joinder to the Developer’s Agreement with Tradition Development Company for the limited purposes of recognizing the impact fee credits provided for therein; and acknowledging and agreeing that the conveyance of the aforementioned fire station sites satisfies the requirements for such under the Annexation Agreement and DRI’s.
Financial Information: N/A
Special Consideration: The Southern Grove Fire/EMS station site was previously conveyed to Mattamy Homes by the Port St. Lucie Governmental Finance Corporation via Quit Claim Deed for the purpose of Mattamy Homes subsequently entering into an Amended and Restated Developers Agreement with the Fire District and to convey the Fire/EMS site to the Fire District pursuant to the terms of such agreement. The Quit Claim Deed included a reverter clause stating the property would revert to the City within nine (9) months after the date on which the Quit Claim Deed was recorded if the Fire Agreement had not been amended.
Location of Project: N/A
Attachments: Amended and Restated Fire/EMS Development and Impact Fee Agreement for Southern Grove and Western Grove Developments of Regional Impact with City Joinder
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: N/A
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.