title
Ridgway Roof Truss Company Settlement Agreement and Agreement for Development of Property (B)
recommendation
City Attorney to City Commission: 1) Approve the Settlement Agreement and Agreement for Development of Property.; and 2) Authorize the City Manager to execute the Agreement, subject to approval by the City Attorney, as to form and legality.
explanation
The CRA and City are redeveloping South Main Street, with goals to improve safety and connectivity, increase parking opportunities, prepare the area as a destination with a unique identity, while addressing the accessibility, flow, and balance of the corridor. The redevelopment is designed to accommodate the current users of South Main Street, such as Ridgway Roof Truss Company ("Ridgway"), while supporting additional users such as Depot Park and Cade Museum visitors. In addition to traffic calming mechanisms such as medians, streetscaping and roundabouts, the redevelopment project included closing driveway aprons that had previously been constructed by the Florida Department of Transportation. While many driveway aprons were eliminated along South Main Street, all properties were left with at least one existing access to Main Street.
Ridgway claimed that the elimination of two driveway aprons abutting its property was a "taking" of its access. Ridgway claimed that the City and CRA had substantially diminished its access. Ridgway, Ridgway's attorney, CRA staff, and the CRA Attorney met and negotiated a mutually agreeable resolution to Ridgway's claim. The resolution of Ridgway's claim is set out in the Development and Settlement Agreement included in the backup.
The Settlement Agreement and Agreement for Development of Property ("Agreement") provides that Ridgway will design, engineer, permit, and construct a driveway apron connecting its property to SW 6th Street. CRA will reimburse Ridgway for actual costs expended to design, engineer, permit, and construct the driveway apron that is within the SW 6th Street right-of-way and also for attorney's fees associated with negotiating this Agreement. The maximum amount Ridgway will receive from the CRA is $55,000.00. The City has no financial obligation to provide funding for this Agreement.
In exchange for receiving the reimbursement from CRA, Ridgway waives and releases any claim it may have against the City and CRA regarding the South Main Street project. In the event Ridgway is unable to obtain the permits to construct the driveway, through no fault of Ridgway, the release of claim is revoked. The parties would then be in the same position as if the Agreement had not been signed.
The CRA Board considered this Agreement at its June 18, 2018 CRA Board meeting.
fiscal impact
Reimbursement of $55,000.00 payable from the College Park/University Heights Redevelopment Trust fund.