Placement: Consent Agenda
Action Requested: Motion / Vote
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Authorize the City Manager to Execute the Second Amendment to Declaration of Cross Access and Utility Easements.
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Submitted By: John Kwasnicki, Inspections Manager
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Shutts & Bowen LLP
2. Parties: City of Port St. Lucie, Gatlin Blvd Ventures LLC and Waffle House, Inc.
3. Purpose: This second amendment will allow access to both parcels located at 1907 and 1931 SW Gatlin Blvd, Port St. Lucie, FL
4. New/Renewal/Modified: Modified
5. Duration: Perpetually
6. Benefits to Port St. Lucie: Enhance traffic flow within the plaza.
7. Cost to Port St. Lucie (Annual and Potential): There is no cost to the City
Presentation Information: Staff will be available for questions.
Staff Recommendation: Move that the Council approve the Second Amendment and authorize the City Manager to enter into and execute Second Amendment to Declaration of Cross Access and Utility Easement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Second Amendment.
2. Move that the Council not approve and provide staff direction.
Background: A. Waffle and Yani Enterprises, LLC, a Florida limited liability company ("Yani"), entered into that certain Declaration of Cross Access and Utility Easements dated September 27, 2018 and recorded on September 28, 2018 in the Official Records of St. Lucie County, Florida in Book 4186, Page 60 (the "Original Declaration"), as amended by that certain First Amendment to Declaration of Cross Access and Utility Easements dated April 1, 2021 and recorded on April 15, 2021 in the Official Records of St. Lucie County, Florida in book 4592, Page 1482 (the "First Amendment," and collectively with the Original Declaration, the "Declaration"). The City of Port St. Lucie, Florida, a municipal corporation of St. Lucie County, Florida, hereby executes this Joinder to the Second Amendment to Declaration of Cross Access and Utility Easements pursuant to Section 8 of the Declaration providing that any modification of the Declaration shall be binding only if evidenced in writing signed by each owner of the West Parcel and the East Parcel and the City of Port St. Lucie.
Issues/Analysis: The access agreement is needed for cross access between the two parcels from 7 Brew Coffee House and Waffle House. The City has to approve any modifications to the access agreement.
Financial Information: n/a
Special Consideration: n/a
Location of Project: 1907 and 1931 SW Gatlin Boulevard, Port St. Lucie, FL
Attachments:
1. Second Amendment to Declaration of Cross Access and Utility Easements.
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: 24332-06
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.