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 Mutual Release, Settlement Agreement and Termination of Transportation Impact Fee Reimbursement Agreement Regarding Tuscola Boulevard Bridge Between the City of North Port, Florida and Sabal Trace Development Partners, LLC.
Recommended Action
Option 1: Approve and authorize the Mayor to execute the Mutual Release, Settlement Agreement and Termination of Transportation Impact Fee Reimbursement Agreement regarding Tuscola Boulevard Bridge between the City of North Port, Florida and Sabal Trace Development Partners, LLC.
City Commission Options
Option 1: Approve and authorize the Mayor to execute the Mutual Release, Settlement Agreement and Termination of Transportation Impact Fee Reimbursement Agreement regarding Tuscola Boulevard Bridge between the City of North Port, Florida and Sabal Trace Development Partners, LLC.
• Pros:
o Within ten (10 days) of approval by the City Commission, Developer shall cause the Lawsuit to be dismissed with prejudice.
o The City will no longer have an obligation to fund the bridge, including no obligation to reimburse Developer for any costs it has incurred or undertaken for the design or permitting of the Bridge, or to deposit or hold any transportation impact fees collected from the Central Parc development in a segregated account.
o Within ten (10) days of approval of this agreement by the City Commission, Developer shall deliver or cause to be delivered to the City a complete copy of all files related to the design, construction or permitting of the Bridge, including but not limited to all design drawings, construction plans or engineering files.
o Within ten (10) days of approval of this Agreement by the City Commission, Developer shall execute or cause to be executed two easements that will allow the City to commence construction of the bridge if the City so chooses.
• Cons:
o Developer has no obligation to design, permit or construct the Bridge.
Option 2: Do not approve 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.
• Pros: Continues the Developer’s obligation to design, permit, and construct the Bridge.
• Cons: The Developer has no obligation to dismiss their lawsuit against the City of North Port, Florida.
Background Information
On August 8, 2025, Sabal Trace Development Partners, LLC (the Developer or Sabal Trace) 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. The City has incurred approximately $55,000 in legal fees to date.
The Developer is redeveloping the approximately 207.5-acre Property located at 5456 Greenwood Avenue, North Port, Florida 34287 that contained the former Sabal Trace Golf Course, and as the Developer was permitting the redevelopment of the Property as “Central Parc,” the City expressed a desire for a Bridge to be provided over the Cocoplum Waterway from Greenwood Avenue to Tuscola Boulevard.
Since the Parties entered the Transportation Agreement in 2019, the costs associated with the design, permitting and construction of the Bridge have increased substantially, which the Parties anticipate would exceed $4,000,000.00, and could exceed the anticipated transportation impact fees collected from Central Parc.
The Parties desire to resolve the lawsuit by terminating the Transportation Agreement in its entirety, thereby terminating the City’s obligation to fund the Bridge, terminating Sabal Trace’s obligations to design, permit and construct the Bridge, and authorizing the City to utilize all transportation impact fees collected from Central Parc. The Developer will also design, permit, and construct, at its sole expense: 1) a westbound to northbound right-turn lane on Greenwood Avenue at Central Parc project connection; 2) an eastbound to northbound left-turn lane on Greenwood Avenue at Central Parc project connection; and 3) a westbound to southbound left -turn lane on Appomattox Drive at Central Parc project connection.
The City recognizes the benefit of the bridge and still desires for the opportunity to construct the Bridge in the future and Sabal Trace has agreed to provide the City with the necessary roadway access in and around Central Parc for future construction and connection of the Bridge on the northeast side of Cocoplum waterway at Greenwood Avenue and Tuscola Boulevard. Therefore, within ten (10) days of approval of this agreement by the City Commission, Developer shall execute or cause to be executed and deliver to the City two (2) Easements in the form attached hereto as Exhibit “A”, which shall require acceptance by the City Commissioners and which shall be recorded in the public records of Sarasota County, Florida.
In addition, within ten (10) days of approval of this Agreement by the City Commission, Developer shall deliver or cause to be delivered to the City a complete copy of all files related to the design, construction or permitting of the Bridge, including but not limited to all design drawings, construction plans or engineering files.
The Mutual Release, Settlement Agreement and Termination of Transportation Impact Fee Reimbursement Agreement Regarding Tuscola Boulevard Bridge has been reviewed by the City Attorney and it is legally correct as to form.
The Mutual Release, Settlement Agreement and Termination of Transportation Impact Fee Reimbursement Agreement Regarding Tuscola Boulevard Bridge was submitted to the City Clerk’s Office on September 8, 2026 for signature subject to City Commission approval.
Strategic Plan Pillar
Good Governance
Financial Impact
As of September 10, 2026, $221,898.49 has been collected and reserved from Central Parc development Transportation Impact Fees (Fund 153). The City estimates an additional $172,260 in revenues during fiscal year 2026-27 from Central Parc Residential Transportation Impact Fees (account string 153-0000-324.31-02).
Procurement
Not applicable.
Attachments:
1. Termination Agreement
2. Easement 1
3. Easement 2
4. Map
5. 2019 Agreement
Prepared by: Rachel Cigich, Business Services Coordinator
Michael Fuino, B.C.S., City Attorney
Department Director: Michael Fuino, B.C.S., City Attorney