Agenda Item Name:
Title
Proposed Settlement Agreement under Section 70.51 Florida Statute
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Presenter:
Corbin Hanson, County Attorney’s Office
Description:
An agreement between Alachua County, James and Shelly Rhodes, and Concept Companies, Inc., to settle ongoing litigation.
Recommended Action:
Recommended Action
Approve the Proposed Settlement Agreement and authorize the Chair to execute on behalf of the County
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Prior Board Motions:
N/A
Fiscal Consideration:
Fiscal Consideration
As reflected in the settlement agreement, funding for settlement will come from General Fund Reserves at final settlement.
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Strategic Guide:
N/A
Background:
On April 27, 2021, the Board of County Commissioners designated Tuscawilla Road as a scenic roadway in Alachua County. On August 10, 2021, the Board denied Concept Companies’ request for a Scenic Road Variance related to the weight limitation of trucks allowed on Tuscawilla Road. On September 9, 2021, Concept Companies filed a Petition for Writ of Certiorari challenging the Board’s denial of a Scenic Road Variance. On November 4, 2021, Concept Companies filed a Complaint for Declaratory Judgment and Injunctive Relief in the Circuit Court challenging the interpretation of the Scenic Road designation for Tuscawilla Road. During this timeframe, the County and Concept Companies also entered into mediation discussions under section 70.51, Florida Statutes. This proposed settlement agreement is the result of those mediation discussions and is intended to resolve any ongoing or potential litigation related to the property along Tuscawilla Road.