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Home My WebLink About26-112MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 5644694 07/14/2026 11:00:28 AM OR BOOK 5503 PAGE 717 - 721 Doc Type: RESO RECORDING: $44.00 RESOLUTION NO. 26-112 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR DESIGNEE TO REVIEW, APPROVE, AND EXECUTE TEMPORARY ON -SITE REAL ESTATE SALES FACILITY AGREEMENTS ASSOCIATED WITH APPROVED DEVELOPMENT PROJECTS; PROVIDING FOR CONDITIONS AND LIMITATIONS OF SUCH AUTHORITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board"), is responsible for the administration of County development approvals and related agreements necessary to implement the requirements of the St. Lucie County Land Development Code; and WHEREAS, Section 8.02.02(I)(2) of the St. Lucie County Land Development Code authorizes temporary on -site real estate sales facilities in connection with approved development projects and authorizes the County to require financial security to ensure the removal of such facilities upon completion of development or expiration of development approvals; and WHEREAS, the County utilizes Temporary On -Site Real Estate Sales Facility Agreements as an administrative mechanism to document removal obligations and secure compliance with the financial security requirements associated with temporary on -site real estate sales facilities; and WHEREAS, Temporary On -Site Real Estate Sales Facility Agreements are administrative in nature and are not intended to grant development rights independent of otherwise required County approvals; and WHEREAS, the Board finds that requiring individual Board approval of substantially similar Temporary On -Site Real Estate Sales Facility Agreements is unnecessary and that administrative review and execution of such agreements will promote efficient implementation of approved development projects while preserving appropriate County oversight; and WHEREAS, the Board desires to delegate limited authority to the County Administrator, or designee, to review, approve, and execute Temporary On -Site Real Estate Sales Facility Agreements in accordance with the requirements of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. Delegation of Authority. The County Administrator, or designee, is authorized to review, approve, and execute Temporary On -Site Real Estate Sales Facility Agreements in substantially the form attached hereto as Exhibit A. 2. Conditions. The authority delegated by this Resolution shall apply only when: a) The temporary on -site real estate sales facility has received all required approvals under the St. Lucie County Land Development Code; and b) The agreement is substantially in the form attached as Exhibit A, subject to any non -substantive revisions approved by the County Attorney's Office; and 1 c) Any required bond, letter of credit, or other financial security has been provided in an amount determined by the applicable County department; and d) The agreement does not obligate the County to expend funds or perform maintenance obligations. 3. Limitations. Nothing in this Resolution shall be construed to authorize the County Administrator or designee to: a) Waive or modify any provision of the St. Lucie County Land Development Code; b) Approve any development application or development order; c) Convey, lease, license, or otherwise grant any interest in County -owned real property; or d) Execute any agreement that materially deviates from the form approved by the County Attorney's Office. 4. Form Changes. The County Attorney's Office is authorized to approve non - substantive revisions to the form attached as Exhibit A, provided such revisions do not materially alter the purpose or effect of the agreement. 5. Effective Date. This Resolution shall take effect immediately upon adoption. After motion and second, the vote on this Resolution was as follows: Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 71h day of July, 2026. ATTEST: ti DEPUTY CLr=RK GOMM'Ssio 1 N t c0 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA D C___1_ :/1 Afl";(OVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 FXHIRIT A TEMPORARY ON -SITE REAL ESTATE SALES FACILITY AGREEMENT This Temporary On -Site Real Estate Sales Facility Agreement ("Agreement') is made and entered into effective as of 2026 ("Effective Date"), by and between , a authorized to do business in the State of Florida, whose principal address is ("Developer"), and St. Lucie County, Florida, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982 ("County"). RECITALS: WHEREAS, Developer owns certain real property located in St. Lucie County, Florida, more particularly described in Exhibit A (the "Property"); WHEREAS, the Property is the subject of Site Plan No. approved by St. Lucie County on ; WHEREAS, Developer has requested approval to construct and operate a temporary on -site real estate sales facility and associated improvements, as depicted on Exhibit B attached hereto and incorporated herein (collectively, the "Facilities"), on the Property pursuant to Section 8.02.02(I)(2) of the St. Lucie County Land Development Code, - WHEREAS, Section 8.02.02(I)(2) of the St. Lucie County Land Development Code requires removal of such Facilities upon completion of the development or expiration of the site plan approval; and WHEREAS, pursuant to Section 8.02.02(I)(2) of the St. Lucie County Land Development Code, the County may require security to ensure removal of the Facilities and restoration of the Property upon completion of the development or expiration of the site plan approval. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. Capitalized terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Recitals. "Exhibit A" means the exhibit attached hereto and incorporated herein. 1 2. Acknowledgement of Approval. Subject to and conditioned upon Developer's compliance with this Agreement and all applicable County requirements, including obtaining all required permits and approvals, the County acknowledges that the Facilities are approved as a temporary on -site real estate sales facility pursuant to Section 8.02.02(I)(2) of the St. Lucie County Land Development Code and may be maintained in accordance with such approvals. 3. No Independent Development Rights. This Agreement does not grant any development rights, land use approvals, vested rights, or other entitlements independent of approvals otherwise required by the St. Lucie County Land Development Code. The County may draw upon any security provided pursuant to this Agreement as provided in Section 6. 4. Removal of Facilities. Developer shall remove the Facilities and restore the affected area of the Property to a safe and stable condition upon the completion of the last phase or unit of the approved site plan for the Property, or upon expiration of the County's site plan approval for the Property, whichever occurs first. Developer shall complete such removal and restoration within thirty (30) days after the occurrence of the applicable triggering event. 5. Compliance with Laws. Developer shall construct, use, maintain, and remove the Facilities in compliance with all applicable federal, state, and local laws, ordinances, rules, and regulations, and in accordance with any permits and approvals issued for the Facility(s). 6. Bond for Facilities: County Right to Draw: Cancellation. Within ten (10) days after the Effective Date, Developer shall deliver to County a surety bond in the amount of ($ , .00) ("Bond"), in a form acceptable to the County, issued by a surety authorized to do business in the State of Florida, and naming the County as obligee. The Bond shall secure Developer's obligations under Section 4 of this Agreement, including removal of the Facilities and restoration of the affected areas of the Property. If Developer fails to timely perform its obligations under Section 4, County may provide written notice of default to Developer and, if Developer fails to cure within ten (10) days after receipt of such notice, County may draw upon the Bond, in whole or in part, and apply the proceeds to cause the work to be performed. Upon Developer's completion of the removal and restoration required by Section 4 to County's reasonable satisfaction, Developer may request cancellation of the Bond, and County shall not unreasonably withhold confirmation that the Bond may be cancelled after County verifies completion. 7. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or deposited in the United States mail, certified mail, return receipt requested, postage prepaid, addressed as follows (or to such other address as either Party may designate by notice): 2 If to DEVELOPER: Attn: If to COUNTY: St. Lucie County Attorney's Office 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: County Attorney 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 9. Severability. Invalidation of any of the provisions contained in this Agreement shall in no way affect any of the other provisions hereof or the application thereof to any other person or entity, and the remainder of this Agreement shall remain in full force and effect. 10.AApplicable Law. It is expressly understood and agreed that this Agreement and all questions arising hereunder shall be construed according to the laws of the State of Florida. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the Effective Date. DEVELOPER: COUNTY: ST. LUCIE COUNTY, FLORIDA '41