Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 23-R135, First Amendment to Mitigation Agreement for Oak Ridge Ranches to Extend Expiration Date
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Submitted By: Mary Savage-Dunham
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Mary Savage-Dunham
2. Parties: City of Port St. Lucie and Oak Ridge Ranches, LLC.
3. Purpose: Extend deadline contained in paragraph 14 of Mitigation Agreement.
4. New/Renewal/Modified: Amendment
5. Duration: other
6. Benefits to Port St. Lucie: facilitates road infrastructure
7. Cost to Port St. Lucie (Annual and Potential): Amendment does not increase any costs.
Presentation Information: Questions will be answered upon request.
Staff Recommendation: Move that the Council approve the amendment
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the amendment.
2. Move that the Council and not approve the amendment.
Background: On October 9, 2023, the City Council approved a Mitigation Agreement between Oak Ridge Ranches, LLC and the City of Port St. Lucie for the mitigation of development-related impacts to City roadways were addressed and mitigated in a manner acceptable to the City.
Issues/Analysis: Paragraph 14 of the Mitigation Agreement indicates the that the Mitigation Agreement “shall automatically terminate and expire if the Final Approvals of not been obtained by January 1, 2024.” Pursuant to the Mitigation Agreement, Final Approval means that all appeal periods for the Oak Ridge Ranch approvals have expired. While it was anticipated that the Oak Ridge Ranches approvals would be in final non-appealable status within that timeframe, they will not be. Accordingly, the parties desire to extend the timeframe set forth in Paragraph 14 of the Agreement to April 1, 2024, to ensure that the Final Approvals are obtained and the agreement remains effective.
Financial Information: N/A
Special Consideration: N/A
Location of Project: Oak Ridge Ranches in St. Lucie County
Attachments:
1. Resolution
a. Exhibit “A” to Resolution - First Amendment
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: 9328
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.