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File #: 150937.    Version: Name:
Type: Discussion Item Status: Passed
File created: 4/26/2016 In control: City Attorney
On agenda: 6/2/2016 Final action: 6/2/2016
Title: Dispute with Alachua County concerning RTS property located at 100 SE 10th Avenue (B)
Sponsors: City Attorney
Attachments: 1. 150937A_Letter to City Manager 4-18-16_20160428, 2. 150937B_Letter to City Attorney 4-21-16_20160428, 3. 150937C_Letter to Mayor Braddy 4-22-16_20160428, 4. 150937D_Complaint and Motion_20160428, 5. 150937E_Resolution No. 2016-42_20160428, 6. 150937_Waiver and Indemnification Agreement_20160602
title
Dispute with Alachua County concerning RTS property located at 100 SE 10th Avenue (B)

explanation
At its meeting of April 28, 2016, the City Commission discussed the litigation and dispute resolution process initiated by the County concerning the County's reverter interest in property that formerly housed the RTS Administration and Operations Headquarters. At the meeting, the City Commission directed the Mayor to send a letter communicating the City's request "...that the County Commission direct County staff:

1) to not further pursue court proceedings with respect to the Complaint for Recovery of Real Property and a Motion for Emergency Injunction to Prevent Spoliation of Evidence that the County Attorney filed in Circuit Court last Friday;
2) to not further pursue the dispute resolution process under the Florida Governmental Conflict Resolution Act as authorized by the County Commission Resolution adopted last Friday; and
3) to withdraw the public records request submitted to the City on Tuesday by the County Attorney's Office."

On May 10, 2016, the Chair of the County Commission sent a response letter to the Mayor. In the letter, the County expressed its willingness to "direct the County Attorney to withdraw its pending motion (currently scheduled to be heard by the Court on May 25th), to immediately move the court for a stay for of the pending action, to hold the intergovernmental dispute process in abeyance for 30 days, and to withdraw the current pending public records request, if certain assurances are provided. The County Commission requests the following assurances be provided:

(1) the City agrees it will not raise a future objection or issue under the Florida Governmental Conflict Resolution Act as a result of delaying the required statutory process or for failure to adhere to any requirement for the extension of time, which assurance would be mutual;
(2) the City indemnifies the County for the property liability on the site (subject ...

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