He [Rogers] received word this morning that the County Administrator, as the last signatory, has signed the library easements. We have a contract, approved by the Board, to do the work and expect to sign the contract this week to have the parking lot built within ninety (90) days.
- Report from the March 20, 2012 Minutes
When asked by Vice Chair Edwina Coleman asked where the parking lot will be built, Rogers replied “off to your left as you leave the building close to the temporary parking lot. There will be fifty (50) additional spaces.”[slideshow id=1]
All of this has got us wondering…
An easement? Really? An easement?
A right of use over the property of another. Traditionally the permitted kinds of uses were limited, the most important being rights of way and rights concerning flowing waters. The easement was normally for the benefit of adjoining lands, no matter who the owner was (an easement appurtenant), rather than for the benefit of a specific individual (easement in gross).
We opine an easement is a very unique situation as the County would require the building and parking lot deeds.
Those just tuning in might not be familiar with the story’s drama… You see, back in the day, the City allowed United Homes to alter the property’s development plans (move the location of the parking lot). This was followed by a crashing economy, the developer going tits up, and the bank (City National of Miami) foreclosing on the Bella Vista property.
Hence lots of improvisation… Lawyers on both sides (including CRA Attorney Michael Haygood) ended up with decent burn rates. And luckily for all (cough cough), both :JA: and Broward County Bertha Henry are members of the :NFBPA:.
Oh come on. You knew that had to enter the picture somehow.
In the end, as is often the case with that town, things ended up sideways.
- No parking lot built as required
- No title or deed to give to the County
- County would not accept the library and withheld the final $466k payment
So let the scramble begin!
Wait, you’re probably wondering where I am going with this right?
Okay… Here’s where I think this is headed. I betcha the City didn’t properly procure the parking lot paving project.
Ha! Say that fast on a couple of tequilas…
The city charter is pretty clear here… Anything over $25K needs to have three sealed bids. I am guessing this project is probably between $100-$200K. Which, by my math, is above the $25K threshold.