Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 25-R79, Approving Agreement to Rebate Stormwater Assessments and Provide for Maintenance of Stormwater Management System for the Wylder Community
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Submitted By: Diana Spriggs P.E., Assistant Director, Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: W. Lee Dobbins, Esq., Legal Representative, Greenpointe Developers, LLC
2. Parties: City of Port St. Lucie and LTC Ranch West Residential Community Development District
3. Purpose: Authorize entering into an Agreement to Rebate Stormwater Assessments and provide for Maintenance of the Stormwater Management System for the Wylder Community
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 LTC Ranch West Residential PUD (the “Wylder PUD”).
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 LTC Ranch West Residential Community Development District (the “District”) was established to serve as the community development district for communities within the Wylder master planned community, for the purposes of planning, financing, constructing, operating and maintaining certain infrastructure benefiting the land within the District’s boundaries. This includes but is not limited to the stormwater drainage infrastructure serving and benefitting those communities (the “Wylder Stormwater System”). The Developer of the Wylder PUD is responsible for designing, constructing, and managing the Wylder Stormwater System, in accordance with the SFWMD Permit. As each phase of the LTC Ranch DRI is developed, a SFWMD operating permit will be issued for that phase, and the District will be the entity ultimately responsible for operating and maintaining the Wylder Stormwater System within such phase in compliance with each such operating permit. Upon turnover of control of the Wylder PUD to the District, the SFWMD Permit, and any related operating permits held by the Developer of the Wylder PUD at that time, will be assigned to the District. The District will then be responsible for ensuring that the Wylder Stormwater System within the Wylder PUD is operated and maintained in accordance with the SFWMD Permit, and any applicable operating permits.
The City collects fees for stormwater management within the Wylder PUD based upon its assessment of certain fees levied against those properties being platted for urban development within the Wylder PUD. Due to the District assuming the obligation to maintain the Wylder Stormwater System within the Wylder PUD as set forth above, the City, while not required to, agrees to rebate the District a portion of the stormwater utility fees assessed and collected by the City with respect to property located within the boundaries of the Wylder PUD. The City and the District 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 Wylder PUD 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 the Wylder Community (the “Agreement”):
1. Authority of the District: The District is authorized to exercise its special powers for the maintenance, operation and repair of the Wylder Stormwater System within the District, in accordance with any applicable governmental permits or approvals, and may collect assessments from the property owners within the District for the cost thereof.
2. Maintenance and Management of the Wylder Stormwater System Includes:
a. Maintenance of swales, conveyance channels, waterways and drainage infrastructure to ensure proper functioning of the Wylder Stormwater System within the District 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 District; and
g. Provide for the storage and conveyance of stormwater through the Wylder Stormwater System within the District in accordance with the requirements of all applicable Permits.
3. Responsibility for Maintaining System: The District shall have sole responsibility for maintaining and managing the Wylder Stormwater System within the District in accordance with this Agreement.
4. District Contact: A District contact person must be established with the City and SFWMD.
5. Changes to District Boundaries: If the boundaries of the property subject to the District are amended the District must give the City notice.
6. Annual Report: The District must submit written statement from a professional engineer confirming the Wylder Stormwater System is in compliance with all requirements of the applicable permits.
7. Payment of Stormwater Fees: In consideration of the District providing stormwater maintenance services as outlined in the preceding paragraphs, the City agrees to pay the District a sum equal to seventy-five percent (75%) of the stormwater utility fees collected by the City from those lands within the District upon such real property being platted for urban development. Beginning with the calendar year 2028, payment shall be made annually, on or before the 15th day of each April, of those fees collected by the City through March 31. After April 15th, payment shall be made monthly, as fees are collected by the City.
8. Term: The Agreement shall extend in perpetuity but can be terminated by providing not less than 12 months prior notice (with or without cause).
Financial Information: In consideration of the District providing stormwater maintenance services as outlined in the preceding paragraphs, the City agrees to pay the District a sum equal to seventy-five percent (75%) of the stormwater utility fees collected by the City from those lands within the Wylder PUD upon such real property being platted for urban development. Beginning with the calendar year 2028, payment shall be made annually, on or before the 15th day of each April, of those fees collected by the City through March 31. After April 15th, payment shall be made monthly, as fees are collected by the City.
Special Consideration: N/A
Location of Project: LTC Ranch West Residential PUD
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: 25091-07
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.