Placement: Resolutions
Action Requested: Motion / Vote
title
Resolution 25-R33, Approving Agreement to Rebate Stormwater Assessments and Provide for Maintenance of Stormwater Management System for Sundance Communities.
body
Submitted By: Peter May P.E., Executive Project Manager, Stormwater.
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Alex Akel, President, Akel Homes.
2. Parties: City of Port St. Lucie and Sundance Master Property Owners Association, Inc.
3. Purpose: Authorize Entry into Agreement to Rebate Stormwater Assessments and Provide for Maintenance of Stormwater Management System for Sundance Communities.
4. New/Renewal/Modified: New.
5. Duration: In perpetuity with no less than 12 months’ notice to cancel.
6. Benefits to Port St. Lucie: Improved infrastructure.
7. Cost to Port St. Lucie (Annual and Potential): 75% of the stormwater assessment proceeds from the property within the Sundance Communities.
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 not approve the Agreement.
Background: The Sundance Master Property Owners Association, Inc. (the “Association”) was established to serve as the community master association for communities within the Wilson Grove/Sundance DRI, including operating and maintaining common areas and the stormwater drainage infrastructure serving and benefitting those communities (the “Sundance Stormwater System”). The Wilson Grove/Sundance DRI requires that maintenance and management of the Sundance Stormwater System within the Sundance Community “shall be the financial and physical responsibility of the Developer, a community development district, a special assessment or other entity acceptable to the City of Port St. Lucie. Any entities subsequently replacing the Developer shall be required to assume the responsibilities outlined above.” The Association is the entity which has assumed the obligations of “financial and physical responsibility” for the maintenance and management of the Sundance Stormwater System. The Developer of the Sundance Community, as defined in the Wilson Grove/Sundance DRI, is responsible for designing, constructing, and managing the Sundance Stormwater System, in accordance with the SFWMD Permit. As each phase of the Wilson Grove/Sundance DRI is developed, a SFWMD operating permit will be issued for that phase, and the Association will be the entity ultimately responsible for operating and maintaining the Sundance Stormwater System within such phase in compliance with each such operating permit. Upon turnover of control of the Sundance Community to the Association, the SFWMD Permit, and any related operating permits held by the Developer of the Sundance Community at that time, will be assigned to the Association. The Association will be responsible for ensuring that the Sundance Stormwater System within the Sundance Community is operated and maintained in accordance with the SFWMD Permit, and applicable operating permits, and all other applicable SFWMD Permits.
The City collects fees for stormwater management within the Sundance Community based upon its assessment of certain fees levied against those properties being platted for urban development within the Sundance Community. Due to the Association assuming the obligation to maintain the Sundance Stormwater System within the Sundance Community as set forth above, the City, while not required to, agrees to rebate the Association a portion of the stormwater utility fees assessed and collected by the City with respect to property located within the boundaries of the Sundance Community. The City and the Association wish to enter into an Agreement to formalize the parties understanding of the City’s handling and processing of the rebate and stormwater utility fees levied against the properties within the Sundance Community and collected by the City.
Issues/Analysis: Below is an outline of the primary terms of the Agreement to Rebate Stormwater Assessments and Provide for Maintenance of Stormwater Management System for Sundance Communities (the “Agreement”):
1. Maintenance and Management of the Sundance Stormwater System Includes:
a. Maintenance of swales, conveyance channels, waterways and drainage infrastructure to ensure proper functioning of the Sundance Stormwater System within the Sundance Community per design criteria in accordance with the requirements of all applicable permits.
b. Maintenance of berms and drainageway divides to assure structural integrity.
c. Operation and maintenance of stormwater control structures in accordance with the requirements of all applicable Permits, including compliance with applicable requirements with respect to allowable discharges and management of stormwater within the system.
d. Water quality sampling analysis and reporting in accordance with the requirements of all applicable Permits.
e. Management of wetlands and preserve areas for water quality enhancement purposes in accordance with the requirement of all applicable Permits.
f. Compliance with all water quality standards imposed by all applicable governmental bodies, agencies, and special districts having authority within the Sundance Community.
g. Provide for the storage and conveyance of stormwater through the Sundance Stormwater System within the Sundance Community in accordance with the requirements of all applicable Permits.
2. Delegation to Neighborhood Associations: The Association may delegate its responsibilities, but not its obligations to neighborhood Associations.
3. Association Contact: An Association contact person must be established with the City and SFWMD.
4. Changes to Sundance Community Boundaries: If the boundaries of the property subject to the Association are amended the Association must give the City notice.
5. Annual Report: Association must submit an annual report that it is good standing with the Florida Secretary of State and a statement from a professional engineer confirming the Sundance Stormwater System is in compliance with all requirements of the applicable permits.
6. Payment of Stormwater Fees: In consideration of the Association providing stormwater maintenance services as outlined in the preceding paragraphs, the City agrees to pay the Association a sum equal to seventy-five percent (75%) of the stormwater utility fees collected by the City from those lands within the Sundance Community upon such real property being platted for urban development. Beginning with the calendar year 2026, payment shall be made annually, on or before the 30th day of each April, of those fees collected by the City through March 31. After April 30th, payment shall be made monthly, as fees are collected by the City.
7. Term: The Agreement shall extend in perpetuity but can be terminated by providing not less than 12 months prior notice (with or without cause).
8. Developer Obligations: The Agreement does not relieve the Developer of the Sundance Community, as said “Developer” is defined in the Wilson Grove/Sundance DRI, of said Developer’s obligations to operate and maintain any stormwater facilities within the property that is subject to the Wilson Grove/Sundance DRI, other than any obligations to operate and maintain such stormwater facilities that have been specifically assumed by the Association.
Financial Information: In consideration of the Association providing stormwater maintenance services as outlined in the preceding paragraphs, the City agrees to pay the Association a sum equal to seventy-five percent (75%) of the stormwater utility fees collected by the City from those lands within the Sundance Community upon such real property being platted for urban development. Beginning with the calendar year 2026, payment shall be made annually, on or before the 30th day of each April, of those fees collected by the City through March 31. After April 30th, payment shall be made monthly, as fees are collected by the City.
Special Consideration: N/A
Location of Project: Wilson Grove/Sundance DRI
Attachments:
1. Resolution
2. 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: 25077-06
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.