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There was a brief discussion regarding additional and continued requests from regulatory <br />agencies. <br />The Chairman CALLED THE QUESTION and the <br />Motion carried unanimously. <br />AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />(Clerk's Note: After the conclusion of Item 12.J.4., Chairman O'Bryan requested that <br />Item 13. C. be heard as the next Agenda item.) <br />13. COUNTY ATTORNEY MATTERS <br />13.A. APPROVAL OF MEDIATED SETTLEMENT AGREEMENT FOR TERRY AND <br />LYNDELL FLEMING: 16TH STREET BETWEEN 66TH AND 74TH A VENUES <br />Deputy County Attorney Bill DeBraal recapped his memorandum dated August 2, 2010 <br />by introducing the project, acquisition history, mediation details, and risk analysis/assessment. <br />He recommended the Board accept the Mediated Settlement Agreement, and authorize staff to <br />proceed with the Lease Agreement for the period of one year after the date of acquisition. <br />The Board sought and received information pertaining to the evaluation of the fair market <br />rent, what house contents would be included in the purchase agreement, and whether the <br />property could be shown while the Flemings are still in the house. <br />Attorney Polackwich explained the details of the eminent domain mediation process, the <br />additional burdens, and how additional expenses add even more to the total cost and value of the <br />property. He and staff felt it would be in the best interest of the County to purchase the property <br />in order to cap the risk, then sell it to reduce the County's total exposure. <br />41 <br />August 17, 2010 <br />