Placement: New Business
Action Requested: Motion / Vote
title
Oculus Surgical, LLC Temporary Construction Easement
body
Submitted By: Wes McCurry, CRA Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): Discuss the temporary construction easement to be conveyed to the Port St. Lucie Governmental Finance Corporation for the construction of a sanitary sewer main.
Presentation Information: City staff will provide a brief presentation.
Staff Recommendation: Move that the Council Temporary Construction Easement agreement with Oculus Surgical, LLC.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve moving forward with a temporary construction easement inclusive of revisions.
2. Move that the Council not approve the proposed temporary construction easement.
Background: Pursuant to the Purchase and Sale Agreement between Oculus Surgical, LLC (“Oculus”) and the Port St. Lucie Governmental Finance Corporation (“GFC”), Oculus is obligated to extend a sanitary sewer gravity main and record a utility easement in favor of the City from Tom Mackie Boulevard across the Oculus property to the adjacent property, Tract 1 of Southern Grove Plat No. 29, as part of Oculus’ construction of its Permitted Use.
Issues/Analysis: To date, Oculus has not moved forward with the approval of site construction plans for its Permitted Use. During this time, staff has negotiated two contracts for the Purchase and Sale of the adjacent Tract 1 from GFC, which will likely commence construction in advance of Oculus.
The proposed Temporary Construction Easement permits GFC to construct the sewer main across the Oculus property with a reimbursement from Oculus, not to exceed $50,000 for material costs related to the sewer main construction.
Financial Information: Anticipated costs for design, permitting and construction of the sewer main are estimated at $225,000. In addition to the reimbursement from Oculus for material costs, the proposed contracts for the Purchase and Sale of the adjacent property require each of those buyers to reimburse GFC for 25% of the cost of design, permitting and construction for the sewer main.
Special Consideration: N/A
Location of Project: South west corner of Discovery Way and Tom Mackie Boulevard.
Attachments:
1. Temporary Construction Easement with 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: 5172
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.