City of Port St. Lucie header
File #: 2021-1043    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/23/2021 In control: City Council
On agenda: 12/6/2021 Final action: 12/6/2021
Title: Resolution 21-R146, A Resolution Approving Acceptance of 115 Sq. Ft. of Property to Facilitate Sidewalk Construction and Enter Into Related Agreements.
Attachments: 1. Location of Sidewalk, 2. Resolution re Walgreens-Sidewalk, 3. License Agreement - 10 CW Properties, LP - Composite Exhibit A, 4. License Agreement - Walgreens - Composite Exhibit A, 5. Special Warranty Deed - Walgreens - Composite Exhibit A, 6. Partial Release of Lease - Walgreens

Placement: Resolutions                     

Action Requested: Motion / Vote                     

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Resolution 21-R146, A Resolution Approving Acceptance of 115 Sq. Ft. of Property to Facilitate Sidewalk Construction and Enter Into Related Agreements.

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Submitted By: Heath Stocton, P.E., Director of Public Works

 

Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.

 

Summary Brief (Agreements/Contracts only)

1.                     Prepared by: City Attorney’s Office

2.                     Parties: City of Port St. Lucie, 10 CW Properties, L.P. and Walgreen Co.

3.                     Purpose: Provide sidewalk connectivity to S.W. Port St. Lucie Boulevard.

4.                     New/Renewal/Modified: New.

5.                     Duration: Temporary and Perpetual.

6.                     Benefits to Port St. Lucie: Provide sidewalk connectivity and an ADA accessible pathway to Port St. Lucie Boulevard.

7.                     Cost to Port St. Lucie (Annual and Potential): Approximately $30,000 for sidewalk construction and driveway modifications in addition to the minimal perpetual maintenance expenses of the sidewalks to be paid and approximately $8,000 for was paid to the Walgreens Corporation for their legal and engineering fees

 

Presentation Information: N/A, but questions will be answered upon request.

 

Staff Recommendation: Move that the Council approve the Resolution.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Resolution.

2.                     Move that the Council not approve the Resolution.

 

Background: The City of Port St. Lucie is obtaining the dedication of a 115 sq. ft. piece of property adjacent to SE Bayshore Boulevard and a temporary construction easement to construct a sidewalk (and related driveway improvements). The City is constructing a segment of sidewalk to provide connectivity to surrounding sidewalks and reduce safety concerns raised by residents who utilize the sidewalk near the Walgreens located at 280 SW Port St. Lucie Blvd. 10 CW Properties LP is the landlord (owner) for this location. However, Walgreens is the tenant. Consequently, the City was required to obtain documentation from both entities to construct the sidewalk.

 

Issues/Analysis: The City obtained consent from Walgreens and CW Properties to construct the sidewalk. Staff now seeks City Council approval to obtain title to the 115 sq. ft. piece of property and to enter the related agreements to facilitate this project.

                     

Financial Information: Approximately $30,000 for sidewalk construction and driveway modifications is anticipated. Approximately $8,000 was paid to the Walgreens Corporation for their legal and engineering fees. There is no charge for the property. Funds will be provided by the Road and Bridge operating account.

 

Special Consideration: N/A

 

Location of Project: SE Bayshore Boulevard and SW Port St. Lucie Blvd.

 

Attachments:

1. Location of Sidewalk

2. Resolution

3. License Agreement with 10 CW Properties, L.P. - Composite Exhibit A

4. License Agreement with Walgreens Co. - Composite Exhibit A

5. Special Warranty Deed -   Composite Exhibit A

6. Partial Release of Lease

 

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: 1939

 

Legal Sufficiency Review: 

Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.