Placement: Resolutions
Action Requested: Motion / Vote
title
Resolution 22-R89, Authorizing the Mayor to Enter Into and Execute an Interlocal Agreement Between Southern Grove Community Development District No. 1 and The City Of Port St. Lucie, to Maintain Landscaping, Right-Of-Way Amenities and Related Improvements Lying Within Certain Arterial and Collector Road Rights-Of-Way.
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Submitted By: Clyde A. Cuffy, P.E., Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Daniel B. Harrell
2. Parties: City of Port St. Lucie and Southern Grove Community Development District No. 1
3. Purpose: To maintain Landscaping, Right-of-way amenities and related improvements lying within certain arterial and collector road rights-of-way according to the enhanced maintenance standards established for the development.
4. New/Renewal/Modified: New
5. Duration: Perpetuity, with the option for termination on or after twenty (20) years from the date of the City’s acceptance of the last of the roadway segments.
6. Benefits to Port St. Lucie: The amenities within the arterial and collector road rights-of-way subject to this agreement shall be maintained according to the enhanced maintenance standards of the development.
7. Cost to Port St. Lucie (Annual and Potential): There will be no cost to the City.
Presentation Information: N/A, but staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the Resolution authorizing the Mayor, or her designee, to enter an Interlocal Agreement between Southern Grove Community Development District No. 1 and the City of Port St. Lucie to maintain landscaping, right-of-way amenities and related improvements lying within certain arterial and collector road rights-of-way.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Resolution.
2. Move that the Council not approve the Resolution and provide staff direction.
Background: The Southern Grove Community Development District No. 1 is a community development district organized under Chapter 190, Florida Statutes, for itself and on behalf of the other “Districts,” as defined in that certain Second Amended and Restated District Development Interlocal Agreement dated as of July 9, 2013, and recorded in Official Records Book 3539, Pages 672-713, of the Public Records of St. Lucie County, Florida, as amended by that certain First Amendment dated November 15, 2019, and recorded in Official Records Book 4347, Pages 2572-2577, of the Public Records of St. Lucie County (“District Interlocal Agreement”), wherein District No. 1 has been delegated responsibility as the “Administration District” to act on behalf of all of the Districts, and the City of Port St. Lucie, a municipal corporation of the State of Florida. The Districts are contiguous or in close proximity to one another and encompass a portion of the mixed-use development referred to as “Southern Grove”. The principal purpose of each of the Districts is to exercise its special powers to provide infrastructure, public improvements, and community facilities and services for the benefit of the District Lands within its individual boundaries, as provided in Section 190.012, Florida Statutes. Pursuant to the District Interlocal Agreement, the Districts have delegated to District No. 1 the power and authority to act on behalf of all the Districts to finance, acquire, construct, operate, and maintain “Community Infrastructure” (as defined in the District Interlocal Agreement) serving more than one of the Districts. In accordance with the District Interlocal Agreement, District No. 1 has the ability to maintain, and desires to assume the City’s responsibilities for maintenance of, the Right-of-Way Amenities lying within the Enhanced Rights-of-Way for Accepted Roadway Segments.
Issues/Analysis: During the entire term of this Agreement, District No. 1 shall have sole responsibility for Maintenance of the Right-of-Way Amenities within each of the Enhanced Rights-of-Way upon acceptance of the corresponding Roadway Segment by the City but shall not be responsible for maintaining any official traffic control devices (as defined in Section 316.003(47), Florida Statutes, or successor provision), for maintaining any Regulatory Sign, or for maintaining or supplying electric power to the Street Lights. The District shall not be responsible for maintenance of Right-of-Way Amenities within any Roadway Segment until such segment has been accepted by the City in accordance with Section 156.148 of the Code of Ordinances of the City.
Financial Information: The Southern Grove Community Development District No. 1 shall assume the City’s responsibility for maintenance of the right-of-way amenities. There shall be no cost to the City.
Special Consideration: The City shall remain responsible for the maintenance and operation of the paved portions of all public roads located within the Accepted Roadway Segments.
Location of Project: Southern Grove
Attachments:
1. Resolution
2. Southern Grove Interlocal Agreement
3. Exhibit A - Enhanced Right-of-Way
4. Exhibit B - Irrigation Standards
5. Location Map
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: 5424
Legal Sufficiency Review:
Reviewed by Michele Samaroo, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.