Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 22-101, Public Hearing, Approve the Amended and Restated Park Impact Fee Agreement with Riverland/Kennedy II, LLC for the Construction of Riverland Paseo Neighborhood Park
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Submitted By: Brad Keen, Assistant Director, Parks & Recreation Department.
Strategic Plan Link: The City's Vision to offer leisure opportunities for an active lifestyle.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Elizabeth Hertz, Senior Deputy City Attorney and W. Lee Dobbins, Attorney at Law.
2. Parties: City of Port St. Lucie Parks & Recreation Department and Riverland/Kennedy II, LLC (the Developer).
3. Purpose: This Agreement hereby amends, restates, and replaces that certain agreement as to Park and Recreational Facilities Impact Fees and Off-Site Drainage for City Park 1, executed by and between Developer and the City dated September 26, 2019.
4. New/Renewal/Modified: Modified.
5. Duration: N/A
6. Benefits to Port St. Lucie: Approval of the Restated and Amended Impact Fee Agreement between the City of Port St. Lucie (the City) and Riverland/Kennedy II, LLC (the Developer) will authorize the Developer to provide for the planning, design and construction of certain park and recreational facilities within City Park 1, namely Riverland Paseo Neighborhood Park, in exchange for the City granting Impact Fee Credits and reconveyance of a portion of City Park 4 to the Developer.
7. Cost to Port St. Lucie (Annual and Potential): The Developer will assume all costs for the planning, design and construction of Riverland Paseo Neighborhood Park with the City assuming, upon completion of the park, all staffing requirements, and the perpetual maintenance of the park as part of its annual Park Maintenance Program.
Presentation Information: City staff and a representative from Riverland/Kennedy, LLC will be present.
Staff Recommendation: Move that the Council accept the Amended and Restated Agreement as to Park and Recreational Facilities Impact Fees and Off-Site Drainage for City Park 1 (Riverland Paseo Neighborhood Park) and approve City Ordinance No. 22-101.
Alternate Recommendations:
1. Move that the Council amend the recommendation and accept the Amended and Restated Agreement as to Park and Recreational Facilities Impact Fees and Off-Site Drainage for City Park 1 (Riverland Paseo Neighborhood Park) and approve City Ordinance No. 22-101.
2. Move that the Council provide staff direction.
Background: The City owns certain real property totaling 12.62 acres (more or less, as “City Park 1”), located within the Riverland/Kennedy Development of Regional Impact. In 2019, the City entered into an agreement with the Developer for certain Park Improvements and Off-Site Drainage in exchange for Parks Impact Fees for the “Phase I” construction of a project known as “Riverland Paseo Neighborhood Park”. Upon learning of the local deficit of lighted athletic fields and the issues created by a lack of lighted fields for community use, the Developer offered to build out the Riverland Paseo Neighborhood Park, including adding Musco Sports Lighting to the previously planned softball field and constructing two lighted soccer/multi-purpose fields, completing the build out of the park in exchange for additional impact fee credits and reconveyance of a portion of City Park 4 to the Developer.
Issues/Analysis: The completion of the Riverland Paseo Neighborhood Park will be the first City park available to City residents west of the Interstate-95 corridor. In addition, the park will offer three lighted sports fields for use by residents as well as a dog park and other park amenities.
Financial Information: The estimated “Full Park Total Budget” for construction of Riverland Paseo Neighborhood Park is $6,310,000, for which the City agrees to grant Developer Impact Fee Credits in an amount equal to the cost estimate minus the value of the portion of City Park 4 being reconveyed to the Developer.
Special Consideration: Rising construction costs and market volatility requires prompt action to move this project forward.
Location of Project: Park Site 1 - located on the southwest corner of Community Boulevard and E/W #2, within the Riverland/Kennedy Development of Regional Impact (“Riverland”).
Attachments: Blank copy of Amended and Restated Park Impact Fee 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: 7833
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.