Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve the Cooperation Agreement with Respect to Construction Plans and FPL Lighting Agreements for Construction of the extension of Crosstown Parkway and North-South Road “A” within the Verano DRI.
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Submitted By: Clyde Cuffy, Regulatory Division Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Verano Development, LLC
2. Parties: City of Port St. Lucie and Verano Development, LLC (Verano)
3. Purpose: For the City to enter into a cooperation agreement with Verano Development regarding FPL Lighting Agreements.
4. New/Renewal/Modified: New
5. Duration: Perpetual
6. Benefits to Port St. Lucie: Facilitating the completion of the roadway sections per City-approved plans.
7. Cost to Port St. Lucie (Annual and Potential): FPL leasing fee, but the City will have no financial obligation relating to the preliminary streetlighting work.
Presentation Information: n/a
Staff Recommendation: Move that the Council complete motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete motion in the affirmative.
2. Move that the Council not approve and provide staff direction.
Background: Verano Development, LLC (Developer) is in the process of constructing (i) Crosstown Parkway from Village Parkway to Range Line Road; and (ii) a portion of North-south Road A from Crosstown Parkway to the entrance of the Cresswind-Treasure Coast Community (roadway sections). City code Section 156.117 requires installation of street lighting. The developer does not intend on installing street lighting itself but utilizes FPL lighting to fulfill code requirements, and requires the City to enter into a lease agreement with FPL for the street lighting. The FPL lighting agreement requires the City to pay a leasing fee for the light poles and fixtures installed by FPL and FPL in turn will be responsible for maintenance and replacement of damaged light poles.
The developer has platted all of North-South Road A but the City is responsible for constructing the remining portion of the roadway from the entrance of Cresswind-Treasure Coast Community to Glades Cut-off Road. With this Cooperation Agreement, the developer shall be responsible for preparing and delivering to the City the final design and engineering plans for the remainder of North-South Road A. The City agrees to execute the required FPL lighting agreements for the roadway sections.
Issues/Analysis: The Cooperation Agreement specifies the responsibilities of each party to the agreement.
Financial Information: FPL monthly energy charges plus leasing fee for fixtures and poles.
Special Consideration: n/a
Location of Project: The portion of Crosstown Parkway from Village Parkway to Range Line Road and a portion of North-South Road “A” from Crosstown Parkway to the entrance of the Cresswind-Treasure Coast Community.
Attachments:
1. Cooperation Agreement
2. (Items 2-5) FPL Lighting Agreement - Exhibit “A” to Cooperation Agreement
3. Construction Plans - Exhibit “B” to Cooperation Agreement
4. 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: 25128-01
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.