Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 26-R10, Authorizing the City Manager or His Designee to Enter into and Execute a True-Up Agreement for Road Impact Fee Credits between the City of Port St. Lucie and Divosta Homes, L.P., Relating to Certain Lots within Veranda Gardens Phases 1 to 3
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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 a road impact fee true-up agreement relating to certain lots within Veranda Gardens Phases 1 to 3. Divosta Homes L.P., a subsidiary of PulteGroup, Inc., 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 a True-Up Agreement for Road Impact Fee Credits between the City of Port St. Lucie and Divosta Homes L.P., a subsidiary of PulteGroup, Inc., relating to certain lots within Veranda Gardens Phases 1 to 3.
Alternate Recommendations:
1. Move that the Council amend the recommendation and authorize the City Manager or his designee to enter into and execute a True-Up Agreement for Road Impact Fee Credits between the City of Port St. Lucie and Divosta Homes L.P. relating to certain lots within Veranda Gardens Phases 1 to 3
2. Move that the Council provide staff direction 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, 20023. Divosta Homes, L.P. is identified as a third party whom Veranda St. Lucie had assigned credits to.
Issues/Analysis: The City desires to enter into a separate true-up agreement with Divosta Homes, L.P. for the assignments related to specifics lots in Veranda Gardens Phases 1-3 as noted in the attached True-Up Agreement.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Veranda Gardens Phases 1 to 3
Business Impact Statement: N/A
Attachments:
1.Resolution
2. Exhibit A to Resolution - True up Agreement
3. Exhibit A to True up 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: 26027-06
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.