Title
Resolution to Authorize Settlement of the Briarwood Capital Cost Recovery Fee Dispute and Approve a Settlement Agreement and Mutual Release of Claims
Staff
Prepared by: Jennifer Richards, Senior Assistant City Attorney
Reviewed by: Milton Dohoney Jr. City Administrator
Atleen Kaur, City Attorney
Body
Whereas, The City and Briarwood Outparcel, LLC, Briarwood Multifamily Owner, LLC, Mall at Briarwood, LLC, and SPG Holdings, LLC (collectively “Briarwood”) dispute Briarwood’s obligation to pay water and sewer capital cost recovery charge fees as required by Chapters 27 and 28 of the Code of Ordinances of the City of Ann Arbor, in connection with the installation of water meters and extending fire service to the new multi-family residential project (Sears Redevelopment) located at 920 Briarwood Circle and the new Dick’s Sporting Goods retail store located at 950 Briarwood Circle (“the Dispute”);
Whereas, Briarwood disputes that it must pay the following fees with respect to 920 Briarwood Circle: (i) the water capital recovery fee of $231,372.00 and the sewer capital recovery fee of $547,272.00 applicable to an 8-inch domestic water service with a 6-inch water meter with credits applied, and (ii) the water capital recovery fee of $82,137.00 for a 6-inch fire service with credits applied, and Briarwood disputes the following fees with respect to 950 Briarwood Circle: (i) the water capital recovery fee of $8,475.00 and the sewer capital recovery fee of $19,661.00 applicable to a 2-inch domestic water service with a 1.5-inch water meter with credits applied, and (ii) the water capital recovery fee of $82,137.00 for a 6-inch fire service with credits applied (collectively the “Disputed Fees”);
Whereas, Briarwood’s dispute of the Disputed Fees is based on the terms of the Grant of Easement and Dedication agreements dated April 14, 1975, recorded in Liber 1525, Page 506 and Liber 1525, Page 515, Washtenaw County Records (the “197...
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