TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: A Resolution of the City Commission of the City of North Port, Florida, Approving the City’s Acceptance of the Conveyance of Fire Station No. 87 and Associated Vehicles, Equipment, and Improvements, Effective Upon the Issuance of the Final Certificate of Occupancy; Accepting Associated Warranties and Intangible Property; Entering an Indemnity Agreement for Future Final Payment to Contractor; Providing for Filing of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Resolution No. 2026-R-42 approving the acceptance of the Conveyance of Fire Station No. 87 and associated vehicles, equipment, and improvements, effective upon the issuance of the final Certificate of Occupancy, presented.
City Commission Options
Option 1: Approve Resolution No. 2026-R-42 approving the acceptance of the Conveyance of Fire Station No. 87 and associated vehicles, equipment, and improvements, effective upon the issuance of the final Certificate of Occupancy, presented.
• Pros:
o Accepts conveyance of a completed fire station and associated equipment constructed pursuant to the Developer’s Agreement upon the issuance of final Certificate of Occupancy, placing the facility into public ownership for long-term community benefit.
o North Port Fire Rescue will operate and function from the seventh fire station in the City providing the level of all hazardous emergency response the community expects.
• Cons: Staff could find no negative outcomes from the approval of Resolution No. 2026-R-42.
Option 2: Do not approve Resolution No. 2026-R-42.
• Pros: Staff could find no positive outcomes from the denial of Resolution No. 2026-R-42.
• Cons:
o This Fire Station, which was designed, built and outfitted with associated equipment to provide services to this rapidly growing area of the City, will not be conveyed to the City. This will have a significant negative impact including extended response times that could result in severe life safety concerns for citizens and unacceptable risks to North Port Fire Rescue Department personnel.
o Denial could be perceived as inconsistent with the Developer’s Agreement now that the developer has completed construction. There could potentially be a legal risk and strained future public-private partnerships.
Background Information
During the City Commission Regular Meeting held on November 12, 2024, the City Commission approved the First Amendment and Restatement of the West Villages Developer Agreement (Post Annexation) under agenda item no. 24-1515. Pursuant to the Agreement, the Developer is required to construct a fire station (Station 87) and purchase or acquire associated vehicles and associated equipment, all of which are to be conveyed to the City along with all associated warranties. Further, the Agreement contains language that directs the process for the West Villages Improvement District (Wellen Park) to convey real property to the City of North Port for Fire System Improvements upon issuance of a final Certificate of Occupancy. A Temporary Certificate of Occupancy has been issued for Fire Station 87, allowing it to open for operations. The West Villages Improvement District has agreed to enter into a Temporary Use and Occupancy Agreement with the City, enabling the North Port Fire Rescue Department to occupy and run operations from the Station until the final Certificate of Occupancy is issued.
Fire Station 87, located at 17890 Preto Boulevard, will permit public safety emergency response units from North Port Fire Rescue to provide a high level of service to City of North Port residents, keeping pace with the growing needs of the area.
Resolution No. 2026-R-42 and associated Warranty Deed, Estoppel Letter, Indemnity Agreement, Bill of Sale, and Assignment and Assumption of Intangible Property and Warranties have been reviewed by the City Attorney and are legally correct as to form.
Resolution No. 2026-R-42 and associated Estoppel Letter, Indemnity Agreement, and Assignment and Assumption of Intangible Property and Warranties were provided to the City Clerk on June 1, 2026, for signature, subject to City Commission approval.
Strategic Plan
Safe Community
Financial Impact
The items listed below with estimated dollar values shall be reimbursed to the West Villages Improvement District or Wellen Park LLLP. As defined in Article 8 of the Amendment and Restatement of West Villages Developer Agreement (Post Annexation), the reimbursements by the City for these items are funded solely by fire impact fees collected from Wellen Park. The repayment schedule for these items is dependent on the collection of impact fees. Fire impact fee fund revenues and expenditures are appropriated through the City’s annual budget process.
|
Fire Rescue |
Amount |
Funding Account |
|
Fire Station 87 |
$ 8,017,422.00 (Est) |
151-2222-522-81.01 |
|
Fire Engine 87 |
$ 1,400,000.00 (Est) |
151-2222-522-81.01 |
|
Rescue 87 (Ambulance) |
$ 625,000.00 (Est) |
151-2222-522-81.01 |
|
Brush Truck 87 |
$ 250,000.00 (Est) |
151-2222-522-81.01 |
|
Grand Total |
$10,292,422.00 (Est) |
|
All vehicles associated with Fire Station 87 will be conveyed at the time of delivery and will not necessarily coincide with the date of conveyance of the Fire Station. Vehicles will be conveyed as stipulated in the Amendment and Restatement of West Villages Developer Agreement (Post Annexation) Article 9.8 (b)(4) “Vehicle titles in the name of the City of North Port or the North Port Fire Rescue District, as identified by the City”.
Assets conveyed become the financial responsibility to the City of North Port, including maintenance and replacement costs, which are incorporated into the Fire Rescue Department’s budget management.
Procurement
Not applicable.
Attachments:
1. Resolution 2022-R-42 with Exhibits
2. Amendment and Restatement of West Villages Developer Agreement (Post Annexation)
Prepared by: Nicholas Herlihy, Deputy Fire Chief
Department Director: Scott Titus, Fire Chief