City, county weigh agreement with Washington Square developer to fix roads, sidewalks

With no immediate signs of work resuming at Washington Square, city and county staffers are recommending negotiations with the developer of the failed condominium project to compel him to repair public roads and sidewalks surrounding what has become a downtown eyesore.

As of May 1, city code enforcement and permit violations reached more than $413,350 in fines and commissioners voted last month to “take legal action to foreclose code liens and seek recovery of other legal remedies,” city documents said.

Aside from the liens, both city and county staffers have had discussions with property owner Ken McDermott regarding “restoration of the sidewalks and traffic lanes that were closed on Gadsden (Leon County road), Calhoun (Leon County road) and Jefferson (city road).”

On June 11, city commissioners will take up whether to enter into an agreement.

“If the city and developer can agree on the restoration work, the terms can be incorporated into a written agreement,” city documents said. “This agreement could be joint with the county (and include the county right-of-way) or could be solely with the city (and specific to Jefferson Street).”

The mixed-use project was once a promising development billed as downtown’s next big thing with proposed office space, a garage and a Loews Hotel. Construction began in late 2019 but work came to a screeching halt by May 2020.

What followed were lawsuits with the city regarding easement disputes and contractors stating they hadn’t been paid for the full scope of services. The development, which occupies a city block on Calhoun Street, is now a graffiti-tagged eyesore with rusted rebar jetting out of cement.

Work hasn’t picked up in five years, despite hints as of last year from McDermott that there was early interest from undisclosed parties to erect a scaled-down development on the site.

“This time, early plans describe a seven-story hotel with 160 rooms and 100 apartments at 219 S. Calhoun St. (formerly the site of the Ausley and McMullen law firm) compared to the property’s original grand plan for 270+ hotel rooms, office space and a four-story garage,” an August 2024 article in the Tallahassee Democrat stated.

At its June 10 meeting, county commissioners will decide whether to direct staff to enter into an agreement for restoration work for the county’s right-of-way areas.

The work, at the developer’s expense, would include milling, resurfacing and restriping, planting vegetation and removing all materials from the right-of-way that may include fencing and barricades. The county notes “McDermott is willing to complete the restoration work as quickly as possible.”

“Should the present negotiations with the owner and developer fail, or should the owner and developer enter into the agreement and thereafter fail to perform, the County Attorney recommends that the Board authorize staff to file a lawsuit against the Developer and Owner on behalf the County seeking all legal remedies available at law and equity,” county document said.

Contact Economic Development Reporter TaMaryn Waters at tlwaters@tallahassee.com and follow @TaMarynWaters on X.