Placement: First Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 25-67, Authorizing the Mayor to Execute and Enter into a Stadium Operating Agreement with the City of Port St. Lucie’s Community Redevelopment Agency and Ebenezer Stadium Operations, LLC, for the Operation of a Stadium on a Portion of Real Property Located within Walton & One.
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Submitted By: Jennifer Davis, Director, Community Redevelopment Agency
Strategic Plan Link: The City's Goal of a diverse local economy and employment opportunities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Jennifer Davis, Director, Community Redevelopment Agency
2. Parties: City of Port St. Lucie (“City”), Port St. Lucie Community Redevelopment Agency (“Agency”), and Ebenezer Stadium Operations, LLC (“Operator”)
3. Purpose: The Stadium Operating Agreement (“Agreement”) identifies the obligations of the Parties through the term of the Agreement once a stadium has been constructed on a portion of land located at Walton & One.
4. New/Renewal/Modified: New
5. Duration: 50-year initial term, with 25-year renewal term option
6. Benefits to Port St. Lucie: The operation of a stadium at Walton & One will serve as a catalyst for economic development, enhancing overall economic vitality of the region, serve as a venue for a variety of community events, thereby fostering community engagement and providing residents with access to diverse forms of entertainment and cultural enrichment.
7. Cost to Port St. Lucie (Annual and Potential): There are no City costs associated with this Agreement unless the City utilizes “City Event” days, as provided for therein. As such, the City would be responsible for costs associated with holding an event, just as they would at any other venue.
Presentation Information: Staff will provide a brief presentation.
Staff Recommendation: Move that the Council approve the Ordinance authorizing the Mayor to execute and enter into the Stadium Operating Agreement.
Alternate Recommendations:
1. Move that the Board amend the recommendation and approve the Ordinance.
2. Move that the Board provide staff with additional direction.
Background:
Project DuBey was brought to the City of Port St. Lucie from the St. Lucie County Economic Development Council in the Fall of 2023, under FS 288.075. This statute provides for confidentiality when considering certain economic development projects. Since that time, staff has independently met with City Council members to review the project, assembled teams to consider the financial viability of the project, reviewed the necessary infrastructure and capacity for such a project, and evaluated the overall market desire to welcome a project such as this into the newly adopted Walton & One (“W&O”) Master Plan. The W&O Master Plan was completed and adopted in late 2023, just as this project was brought forward, and included several rounds of public engagement and evaluation as to best uses on the eastern side of Port St. Lucie. The overall uses in the W&O Master Plan included residential, retail, office, hotels and entertainment. The W&O Master Plan was incorporated into the Revised Original Community Redevelopment Area Master Plan, as adopted by the Community Redevelopment Agency and Port St. Lucie City Council in August 2025.
Key points associated with the Agreement are identified below but are not considered comprehensive in nature. The full Agreement and all related terms are attached to the agenda item.
• Operator will be granted a License to operate, manage and use the stadium.
• Operator will have an option to purchase the Stadium Land during the initial term of the Agreement.
• Operator will be offered Right of First Refusal should an outside party approach the City to purchase the Stadium Land.
• Operator may not file or place a lien of any kind upon the Stadium Land or project improvements.
• Operator will be able to complete Alterations on the stadium with threshold provisions.
• Operator must establish and maintain a Capital Reserve Fund for Capital Maintenance and Repairs during the term of the Agreement, with required minimum balances and obligations tied thereto.
• Operator will be required to establish a Capital Asset Management Plan (“CAMP”) within five (5) years of operating to identify future Capital Maintenance and Repairs and will be required to provide independent facility assessments on the stadium during the term of the Agreement.
• City and Agency will have approval of Stadium Naming Rights and may share revenues associated with related sponsorships.
• City will be granted 24 Event Days (“City Events”) per year, with an agreed upon schedule in place by September 30th of each year.
• City will retain all ticket and parking revenues associated with City Events.
• City will be granted use of one (1) suite or similar seating annually and will be provided ten (10) tickets to field level seats and parking passes.
• Operator will be required to donate a minimum of 150 tickets annually for Team Home Games to up to five (5) charitable organizations in St. Lucie County.
• Operator must develop and implement a Traffic Management Plan and a Security Plan for Stadium Events and must work with the Port St. Lucie Police Department in advance on establishing the necessary personnel to provide such services or implement such plans.
• Operator must reimburse the Port St. Lucie Police Department for all costs associated with implementing the Traffic Management Plan and Security Plan.
• Operator and sub-consultants must maintain acceptable levels of insurance as identified in the Agreement.
• Operator must comply with all USL Rules and Regulations.
Issues/Analysis: The Parties must also enter a Development and Funding Agreement and Non-Relocation Agreement as part of the overall transaction. The project must successfully navigate the development review process, which will further review both Utilities and Public Works infrastructure necessary to complete the project.
Financial Information: As part of the Agreement, the Operator will retain revenue from ticket sales and parking associated with Stadium Events, excluding City Events. The Operator will also retain revenue from concessions. The City will retain revenues from ticket sales and parking related to City Events, if any. The Parties will share revenue related to sponsorship in the Stadium Naming. The Operator will be required to pay all taxes, fees, assessments, etc., related to the Stadium and Stadium Land, and must pay for all costs associated with utilizing the Port St. Lucie Police Department for executing all traffic, parking, and safety management plans, as agreed upon by the Parties.
Special Consideration: A Memorandum of License will be recorded in the Public Records of St. Lucie County, Florida, acknowledging the general terms of the Agreement. It is attached to the Agreement as Exhibit “E”.
Location of Project: Walton & One is located at the southeast corner of US Highway One and Walton Road. The Stadium Site is located within Walton & One, on approximately 5.92 acres, further identified as Lots 33, 34, 35 and 36, City Center 1st Replat.
Attachments: 1. Ordinance; 2. Exhibit A to the Ordinance - Stadium Operating Agreement and all related Exhibits.
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: 25283-02
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.