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Consent Agenda 10/7/14 Office of INDIAN RIVED. COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney THROUGH: Chris Mora, Director, Public Works Division DATE: October 1, 2014 SUBJECT: Reimbursement for palm trees for 66th Avenue Road Project to Bella Vista Nursery Bella Vista Nursery is owned by the Banack Family Limited Partnership. Bella Vista leased property from Gamma Delta Corporation on the north side of 41st Street, west of 66th Avenue. The lease from Gamma Delta to Bella Vista was to grow palm trees on the property. During the negotiation and purchase of the 41st Street right-of-way property from Gamma Delta, no mention was made of this lease. Also, Gamma Delta was not compensated for trees. During the land clearing phase for 66th Avenue, the nursery foreman for Bella Vista approached the County concerning the palm trees that were growing in what now was County owned right-of- way on the north side of 41st Street west of 66th Avenue as the staked area to be cleared included the palm trees. It was at this time the County first learned that Bella Vista had leased the property what was now County owned right-of-way. In order to proceed with the clearing process, an inventory was taken of the palm trees (all were queen palms) that were approximately 20 feet tall which is the optimum height for queen palms. The foreman for Bella Vista Nursery and the County's construction coordinator tallied 100 trees located in the right-of-way. At that time the parties agreed that the palm trees could be removed from the right-of-way and a price would be determined at a later date. Many of these palm trees were relocated to the fairgrounds or other locations along the 66th Avenue Road Project. Bella Vista Nursery has quoted a price of $75 per tree when sold on a wholesale basis. It is Bella Vista Nursery's practice to dig the trees and load them on to the purchaser's truck and it is the responsibility of the purchaser to install the trees. Bella Vista has supplied copies of receipts showing purchases of similar size and species of palm trees at $75.00 per tree. Thus, the total claim by Bella Vista Nursery is $7,500. Approved for October 7, 2014 BCC Meeting Dylan Reingold, County Attorney Indian River Co. Admin. Co. Atty. Budget Department Risk Management proved Date /0)02))11- 10/10 e-/-1 62