Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R74, a Resolution Allowing the Execution of a Settlement and Release Agreement and Maintenance Agreement with ABC Liquors Inc. to Provide a Settlement and Agreement for the Maintenance of an Easement.
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Submitted By: Melissa Perry, Project Coordinator, Public Works Department
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: City Attorney’s Office and ABC Liquors Inc.
2. Parties: City of Port St. Lucie and ABC Liquors Inc.
3. Purpose: Settlement and Release Agreement and Maintenance Agreement
4. New/Renewal/Modified: New
5. Duration: Continuous
6. Benefits to Port St. Lucie: In light of the dispute regarding the responsibility for the culvert pipe utilized to provide access to ABC Liquors Inc’s site, the City and ABC Liquors Inc. have come to a settlement agreement. ABC Liquors Inc. has provided a Settlement and Release and Maintenance Agreement for a portion of the existing reserved easement that was to be utilized for drainage, utilities, and ingress/egress. ABC Liquors Inc. will maintain and repair the existing reserved easement with all installed infrastructure, including the culvert pipe necessary to utilize the existing reserved easement. The City will not be responsible for any maintenance of the existing reserved easement including any culvert pipe or infrastructure installed by ABC Liquors Inc.
7. Cost to Port St. Lucie (Annual and Potential): Per the Settlement and Release Agreement the City will pay ABC Liquors Inc. a sum of $28,093.10 within 30 calendar days of the effective date of the agreement.
Presentation Information: Staff is available for any questions.
Staff Recommendation: Move that the Council approve the Resolution authorizing the City to enter into a Settlement and Release Agreement and Maintenance Agreement with ABC Liquors Inc.
Alternate Recommendations:
1. Move that the Council amend the recommendation and provide staff direction on changes needed to the Settlement and Release Agreement and/or the Maintenance Agreement with ABC Liquors Inc.
2. Move that the Council does not accept the Resolution authorizing the City to enter into a Settlement and Release Agreement and the Maintenance Agreement with ABC Liquors Inc.
Background: ABC Liquors, Inc. submitted a site plan to demolish an old fueling station to build their new store keeping the access points that already existing on the property. One access was through an easement connecting to Gatlin Boulevard. After inspection by the City, it was determined that the pipe utilized by the site to provide their driveway access over a drainage ditch was in need of replacement. The City determined that in order for the developer to retain access to their site through the existing ingress/egress easement, they would be responsible for replacing that culvert pipe under their driveway. ABC Liquors Inc. has completed the construction of a one-hundred and sixty-eight (168) linear feet new culvert pipe under protest associated with ABC Fine Wine and Spirits Store (P18-144) as approved by City Council for the project. The City and ABC Liquors Inc. have negotiated and have agreed on the attached Settlement and Release Agreement and entered into a Maintenance Agreement.
Issues/Analysis: ABC Liquors Inc. is not clear on their responsibilities in regards to the culvert under their driveway as it conveys water for a City drainage easement along Gatlin Boulevard. This Maintenance Agreement clarifies that ABC Liquors, Inc. takes over maintenance of the reserved easement included all infrastructure they have installed and the City no longer has the risk in the future of who is responsible for maintenance of the reserved easement.
Financial Information: Per the Settlement and Release Agreement the City will pay ABC Liquors Inc. a sum of $28,093.10 within 30 calendar days of the effective date of the agreement.
Special Consideration: N/A
Location of Project: 2091 SW Gatlin Blvd, Port St. Lucie, FL 34953
Attachments:
- Resolution
- Settlement and Release Agreement
o Maintenance Agreement.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Legal Intake 9440
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.