TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the First Amendment and Restatement of West Villages Developer Agreement (Post Annexation), Amending and Restating the Agreement for System Improvements Within the West Villages Improvement District for Fire/Rescue, Law Enforcement, Parks and Recreation, Solid Waste and General Government; Method of Reimbursement From Impact Fees Collected Within the WVID; and Acknowledging a Joinder and Consent to Dedications, Reservations, Covenants, Restrictions, and Obligations to Convey.
Recommended Action
Approve the First Amendment and Restatement of West Villages Developer Agreement (Post Annexation).
Background Information
The West Villages property, formerly known as Taylor Ranch, was annexed into the City of North Port over several years, beginning in 2001, with the final piece being annexed in 2015. The West Villages Improvement District (WVID) was created on June 17, 2004, with enabling legislation in Chapter 2004-456, Laws of Florida for the purpose of financing, planning, and constructing infrastructure within the subject property.
During the City Commission Special Meeting held on March 25, 2020, the City Commission approved the West Villages Developer Agreement (Post Annexation) (the “Agreement”). The parties to the Agreement were the City of North Port, the WVID, and the West Villages, LLLP (WVLP). The Agreement established detailed execution requirements for land dedication of various system improvements, and a method by which the developer would be reimbursed for certain system improvements by the City from impact fees collected within the development area and addressed Fire & Emergency Medical Services (EMS), Law Enforcement, Parks and Recreation, Solid Waste, and General Government.
The First Amendment and Restatement of West Villages Developer Agreement (Post Annexation) (the “Restated Agreement”) updates and restates stipulations to meet current level of service standards and the changing needs based on development patterns within the subject property. The Restated Agreement also updates and restates provisions for specific development standards, locations of public lands, timing of improvements, reimbursement procedures, requirements for conveyance of land and system improvements, and enforcement procedures.
The Restated Agreement has been reviewed by all affected City Departments (Police, Fire and EMS, Finance, Utilities, Public Works, Parks and Recreation, Development Services) and the City Attorney’s Office.
The First Amendment and Restatement of West Villages Developer Agreement (Post Annexation) has been reviewed by the City Attorney and is legally correct as to form.
Strategic Plan
Good Governance
Financial Impact
While the First Amendment and Restatement of the West Villages Developer Agreement (Post Annexation) does not directly create additional funding impacts for the City from revenue sources not affiliated with the collection of fees or assessments outside of the development area, the allocation of Impact Fees for additional improvements such as Parks and Recreation facilities may be considered in the future by the City Commission.
Attachments:
1. First Amendment and Restatement of West Villages Developer Agreement (Post Annexation)
2. Background and Summary First Amendment and Restatement of Agreement
3. West Villages Developer Agreement (Post Annexation)
Prepared by: Alaina Ray, AICP, Development Services Director
Department Director: Alaina Ray, AICP, Development Services Director