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Proposed settlement agreement to resolve lawsuit by Alachua County concerning reverter clause in deed for original RTS property located at 100 SE 10th Avenue (B)
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On January 11 and February 1, 2017, the City Manager and County Manager conducted conflict assessment meetings in accordance with Section 164.1053, Florida Statutes, and reached a tentative resolution of the lawsuit in Alachua County v. City of Gainesville, Circuit Court Case No. 01-2016-CA-001445, subject to approval of the two governing bodies.
As a brief recap of the history, in 1981 Alachua County executed a deed to the City of Gainesville for Alachua County Tax Parcel #16005-000-000 for the purpose of assuming ownership and operation of the regional transit system. The deed contained a reverter clause stating that title would revert to the County immediately if the City ceased using the property for a regional transit system. In November of 2014, Gainesville Regional Transit System (RTS) moved its operations center from this property to the new operations center at 34 E. 13th Road. On April 22, 2016, the County filed the aforementioned lawsuit, which was thereafter held in abeyance so that the parties could exchange information, explore possible resolution, and if necessary pursue the mandatory dispute resolution procedures in Chapter 164, Florida Statutes, before engaging in further litigation activity.
As indicated, on February 1, 2017, the County Manager and City Manager and staffs reached a tentative resolution, subject to drafting final settlement language and subject to governing body approval. Attached is a proposed Settlement and Forebearance Agreement that would resolve the lawsuit. The most significant elements consist of (1) release of the reverter restriction from the subject RTS property, which will allow the City to make decisions regarding the use of the property, subject only to Federal Transit Administration (FTA) approval on account of FTA grant restrict...
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