TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Discussion and Possible Action Regarding Approving and Authorizing the Mayor to Execute the Temporary Construction Easement and Right of Entry by and Between Sabal Trace Development Partners, LLC and the North Port Road and Drainage District, a Dependent Special District of the City of North Port, Florida, Regarding Tuscola Boulevard Bridge.
Recommended Action
Option 1: Approve and authorize the Mayor to Execute the Temporary Construction Easement and Right of Entry by and between Sabal Trace Development Partners, LLC and the North Port Road and Drainage District, a Dependent Special District of the City of North Port, Florida, regarding the Tuscola Boulevard Bridge.
City Commission Options
Option 1: Approve and authorize the Mayor to Execute the Temporary Construction Easement and Right of Entry by and between Sabal Trace Development Partners, LLC and the North Port Road and Drainage District, a Dependent Special District of the City of North Port, Florida, regarding the Tuscola Boulevard Bridge.
• Pros: Allows the City to construct the Bridge.
• Cons: No cons have been identified.
Option 2: Do not approve or authorize the Mayor to Execute the Temporary Construction Easement and Right of Entry by and between Sabal Trace Development Partners, LLC and the North Port Road and Drainage District, a Dependent Special District of the City of North Port, Florida.
• Pros: No pros have been identified.
• Cons: Does not allow the City to build the Bridge.
Background Information
On August 8, 2025, Sabal Trace Development Partners, LLC (the Developer) filed a civil action against the City of North Port in the Twelfth Judicial Circuit Court in and for Sarasota County, Florida, styled as: Sabal Trace Development Partners, LLC v. City of North Port, Case Number: 2025-CA-004048SC.
As part of the Mutual Release, Settlement Agreement and Termination of Transportation Impact Fee Reimbursement Agreement Regarding Tuscola Boulevard Bridge between The City of North Port and Sabal Trace Development Partners, LLC., (Agenda item #26-0943) within ten (10) days of execution, the Developer shall execute or cause to be executed and deliver to the City this Temporary Construction Easement and Right of Way form.
The Temporary Construction Easement and Right of Way provides a 10 feet (10’) wide temporary construction easement for the purpose of constructing and connecting a bridge over the Cocoplum Waterway extending Tuscola Boulevard from Marillo Lane (south of the Cocoplum Waterway) to Greenwood Avenue (north of the Cocoplum Waterway), with public access provided along Tuscola Boulevard.
The City desires a Temporary Construction Easement for purposes of staging and construction activities in connection with construction of the Bridge, including but not limited to removal of obstructions and vegetation, addition or removal of fill, stabilization materials, and structures; and constructing and reconstructing the improved surface of the roadway as necessary for the roadway connection to Tuscola Boulevard.
This Easement is temporary in nature and will terminate upon the earliest to occur of: (i) completion of bridge construction as determined by the City and notice filed in the Official Records of Sarasota County, Florida, with a copy thereof delivered to Grantor; (ii) the second anniversary date following issuance of a Notice to Proceed with construction of the bridge; and (iii) the ten-year anniversary date following execution of this Temporary Construction Easement. The termination shall be automatic upon the occurrence of the foregoing event, without further act by, joinder or consent of, or instrument from Grantee, except as provided herein.
The Temporary Construction Easement and Right of Entry has been reviewed by the City Attorney and is legally correct as to form.
The Temporary Construction Easement and Right of Entry will be submitted to the City Clerk’s Office upon receipt from the Developer, within 10 days of executing the Mutual Release, for signature subject to City Commission approval.
Strategic Plan Pillar
Economic Development and Growth Management
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Easement
2. Agreement
3. Map
Prepared by: Rachel Cigich, Business Services Coordinator
Michael Fuino, B.C.S., City Attorney
Department Director: Michael Fuino, B.C.S., City Attorney