By Jane Smith
The Boynton Beach lawsuit against its private developer in the Town Square project is headed to a nonjury trial in the second half of October.
Mediation talks reached an impasse, according to a Sept. 14 court filing.
Boynton Beach is asking a judge to decide whether it met obligations in a March 2018 agreement with JKM Developers of Boca Raton.
The city gave three parcels of Town Square land to JKM. The firm also received nearly $2 million in cash “for considerations,” according to the March 2018 agreement.
The city had an options clause in the agreement that allowed it to buy back the land for $100 a parcel. The options clause was removed in December 2018 after JKM received city approval for its site plans.
Boynton Beach, though, was promised two garages to provide parking for its staff, library workers and patrons, and visitors to its renovated historic high school and Schoolhouse Children’s Museum.
JKM has allowed Boynton Beach to park cars on the Town Square land the firm owns, according to a deal worked out by the assistant city manager at the time.
The city sued JKM in November 2020 asking a judge to decide whether it had met all terms of the deal.
By affirming the city has met its obligations, the suit claims JKM has not upheld its part of the contract and the relationship can be severed.
Even if the city wins, JKM will still own the land.