SUBJECT:
Title
Request Approval of Settlement Agreement for Water and Wastewater Improvements related to Oak Trace Villas Phase 2 and Phase 3 Development
Body
INITIATOR: DEPARTMENT:
Matthew G. Minter, County Attorney County Attorney
DESCRIPTION/BACKGROUND:
This agreement goes back to 1999, and relates to provision of County Water and Wastewater Services to a development known as Oak Trace Villas at SW 85th Ct, off of SW 103rd Street Road, which connects to SR 200. The property was in a Federal Court receivership in the late 90’s, and in 1999, the Receiver entered into Marion County Water and Wastewater System Standard Developer’s Service Agreement Contract No. 99-07. The Receiver assigned its rights under that Agreement to the current developer’s predecessor, 103rd Street Partnership, who has now assigned its rights under the Agreement to the current developer, Straight Line Construction of Gainesville, LLC. For several years, Marion County staff and the County Attorney’s Office have engaged in negotiations with developer’s representatives, with the main focus on quantifying the number of Water and Wastewater Equivalent Residential Connection (ERC) credits that the developer is entitled to. We now have a developer actively proceeding with development of Phase 2 and Phase 3 of Oak Trace Villas, and this Agreement will resolve those issues, specifically as provided in Section 6.1, 42 Water Credits and 42 Wastewater Credits to be used for Water and Wastewater Capital Charges for the developments within 7 years of execution of the settlement agreement. These determinations were based on the best available information, relating back to the 1999 Agreement, and in order to avoid the expense of uncertain litigation between the parties.
BUDGET/IMPACT:
Neutral
RECOMMENDED ACTION:
Recommended action
Motion to Approve Settlement Agreement for Water and Wastewater Improvements related to Oak Trace Villas Phase 2 and Phase 3 Development.
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