Agenda Item Title:
Authorize Mayor and Finance Director to Sign an Agreement Between the City of Rapid City and Lazy P6 Land Co., Inc. to Resolve All Disputes Regarding the Construction of a Regional Detention Pond on Lazy P6 Property
Origination Group:
Legal & Finance Committee
Origination Meeting Date:
12/15/2021
City Council Hearing Date:
12/20/2021
Staff Contact:
Joel Landeen, City Attorney
Agenda Item Summary:
The City entered into a settlement agreement in 2015 with Lazy P6 resolve a lawsuit that was filed by P6. As a result of this settlement, the City constructed a regional detention pond (MP 203) on property owned by Lazy P6. Since the construction of MP 203, the City and Lazy P6 are in disagreement about their respective obligations under the terms of the settlement. The City’s regional detention pond is currently located on land owned by P6 for which there is not currently an easement. In order to avoid further litigation, the City has agreed to pay Lazy P6 $85,000 to acquire the parcel on which the detention pond is located. In addition, the City will extend Watts Lane over the drainage channel that transports water into MP 203.
Funding Source & Fiscal Impact (if applicable):
| Funding | Cost Center |
|---|---|
Funding Source & Fiscal Impact Notes:
CIP. The Public Works Director is in support of this agreement and believes there are sufficient funds available that can be allocated to complete this project without removing or delaying any other projects that are already scheduled.
Recommendations:
Origination Recommendation Action:
Approve
Origination Recommendation Notes:
Staff is recommending approval
City Council Options:
You can approve or deny.