Placement: Consent Agenda
Action Requested: Motion / Vote
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Approving the First Amendment to Stars and Stripes Park Improvement and Art Donation Agreement
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Submitted By: Zakariya M. Sherman, Executive Project Manager, Parks and Recreation
Strategic Plan Link: The City's Goal to enjoy culture, nature and fun activities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Elizabeth Hertz, Senior Deputy City Attorney, Office of the City Attorney.
2. Parties: City of Port St. Lucie and Mattamy Palm Beach, LLC.
3. Purpose: The purpose of this First Amendment is to clarify the responsibilities related to the installation of streetlighting at the Stars and Stripes Park Property. Under this Amendment, Mattamy Palm Beach, LLC will fund and facilitate the design, permitting, coordination, and installation of the FPL streetlighting system as reflected in the Mattamy Design Plans. This includes a lump sum contribution of $195,460 to the City and all necessary coordination with FPL and fulfillment of associated requirements, while the City will enter into the FPL Lighting Agreement for ongoing service and maintenance.
4. New/Renewal/Modified: Modified.
5. Duration: Through October 25, 2025, based on the original 18-month term from the construction commencement date of April 25, 2024.
6. Benefits to Port St. Lucie: The addition of streetlighting to the Stars and Stripes Park parking lot will enhance safety, visibility, and accessibility for park users during evening hours and events. This improvement aligns with the City’s Parks and Recreation 10-Year Master Plan goals for creating high-quality, accessible public spaces.
7. Cost to Port St. Lucie (Annual and Potential): There is no cost to the City for the installation of the streetlighting, as Mattamy is providing a lump sum contribution of $195,460 and facilitating the full installation. The City will be responsible for ongoing costs under the FPL Lighting Agreement, including leasing, maintenance, and energy charges, funded through a designated benefit account established for that purpose. For reference, the monthly lighting charge is expected to be $333.11.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve the First Amendment to Stars and Stripes Park Improvement and Art Donation Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the First Amendment to Stars and Stripes Park Improvement and Art Donation Agreement.
2. Move that the Council not approve and provide staff direction.
Background: Stars and Stripes Park is a 47.52-acre public park being constructed by Mattamy Palm Beach, LLC, in accordance with the approved site plan. The City and Mattamy executed the Park Improvement and Art Donation Agreement (Resolution 24-R11) on February 26, 2024, and construction began on April 25, 2024. Prior to that, the parties entered into a Right of Entry Agreement on December 15, 2022, to allow site work to begin in advance of contract execution.
The project is nearing completion, and staff are beginning the process of developing a punch list in preparation for final turnover. To support that effort, the parties have agreed to clarify responsibilities related to the installation of FPL streetlighting in the park’s parking lot through this First Amendment.
Park features include a celestial classroom with planetary sculptures, a sundial, a monument honoring emergency first responders, a parking lot with space for future overflow parking, and a beautifully landscaped setting that includes a scenic bamboo walkway. Construction of a restroom is expected to begin in late August.
Issues/Analysis: The original Park Improvement Agreement did not address parking lot lighting. This First Amendment clarifies that Mattamy will fund and facilitate the design, permitting, and installation of FPL streetlighting for the park’s parking lot. This addition enhances safety and ensures the park is appropriately lit prior to full public use.
Financial Information: As part of this First Amendment, Mattamy will provide a lump sum contribution of $195,460 to the City to offset costs associated with the FPL Lighting Agreement. The City will use this contribution to cover ongoing FPL costs, including leasing, maintenance, and energy charges. For reference, the monthly lighting charge is expected to be $333.11.
Special Consideration: N/A
Location of Project: Stars & Stripes Park, 12441 SW Village Pkwy, Port St. Lucie, 34953
Attachments:
1. First Amendment to Stars and Stripes Park Improvement and Art Donation Agreement
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: 25140-08
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.