Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 26-R11, Authorizing the City Manager or His Designee to Enter into and Execute a Road Impact Fee Credit True-Up and Refund Agreement for Fees between the City of Port St. Lucie and Divosta Homes, L.P. Relating to Certain Lots in Veranda Gardens Phase 4.
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Submitted By: Mary Savage-Dunham, Planning and Zoning
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): This is a request to establish an Impact Fee Credit True-Up and Refund Agreement with Divosta Homes, L.P., a subsidiary of PulteGroup, Inc., relating to certain lots in Veranda Gardens Phase 4. Divosta Homes, L.P. was assigned credit from Veranda St. Lucie Lands, LLC.
Presentation Information: N/A
Staff Recommendation: Move that the Council Authorize the City Manager or His Designee to Enter into and Execute an Impact Fee Credit True-Up and Refund Agreement with Divosta Homes, L.P. relating to certain lots in Veranda Gardens Phase 4.
Alternate Recommendations:
1. Move that the Council amend the recommendation and Authorize the City Manager or His Designee to Enter into and Execute an Impact Fee Credit True-Up and Refund Agreement with Divosta Homes, L.P. relating to certain lots in Veranda Gardens Phase 4.
2. Move that the Council provide direction to staff and table the item.
Background: Divosta Homes, L.P. (“Divosta”) was assigned road impact fee credits by Veranda St. Lucie Land Holdings, LLC. (“Veranda St. Lucie”). After Veranda St. Lucie obtained credits from the City the City adopted and amended its Mobility Ordinance. At that time, the City Council provided a timeframe for development entities with City road impact fee credits to enter into a true-up agreement with the City, to establish the amount of outstanding City road impact fee credits that will be credited against and offset the new mobility fees. The City and Veranda St. Lucie entered into a True-Up Agreement for Road Impact Fee Credits on February 29, 2024, and a true-up agreement memo is recorded in the public records of St. Lucie County at Book 5125, Page 469. Veranda St. Lucie’s true-up memorializes the number of remaining credits held by Veranda St. Lucie and identifies which third parties Veranda St. Lucie had assigned credits to as of October 23, 2023. Divosta is identified as a third party whom Veranda St. Lucie had assigned credits to.
Issues/Analysis: Divosta submitted a formal request for its own true-up agreement to the City in March of 2025 but had been in communication with the City since at least March 15, 2023, on the topic, however, Divosta was required to wait for the Veranda St. Lucie true-up agreement to be complete prior to formally requesting its own true-up document. Divosta elected to pay its City Mobility Fee obligation for buildings permits associated with the lots mentioned in the assignment document that is the subject of the attached agreement, with the understanding that it could request reimbursement for those payments upon completion of the Veranda St. Lucie true up. The City desires to enter into a separate true-up and refund agreement with for the assignments Divosta for the credits related to specific lots in Veranda Gardens Phase 4 as noted in the attached True-Up Agreement.
Financial Information: N/A
Special Consideration: This neighborhood is built out, and the developer paid the mobility fees because the credit bank was not in place when they were pulling permits. Once the Agreement is approved staff will refund the relevant mobility fees paid back to the developer within 60 days ($435,655.80).
Location of Project: Veranda Gardens Phase 4
Business Impact Statement: N/A
Attachments:
1. Resolution
2. Exhibit A to Resolution - True Up and Refund Agreement
3. Exhibit A to Agreement - NUE Letter
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: 26030-03
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.