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531 Street Jenkins Mediation April 4, 2017 Page 13 County from paying additional expert witness fees to its own witnesses and the Jenkins' experts. After the order of take hearing, the matter would have proceeded to a 12 -person jury trial to determine the amount of damages resulting from the take with the County being obligated by statute to pay all reasonable attorneys' fees and expert witness fees on both sides of the case. The County's risk in this matter is directly attached to the Jenkins' damages. At deposition, the Jenkins' claimed that they were being paid by contractors to dump clean concrete into the pond for fill. Mr. Jenkins produced receipts for the concrete dumping. They also produced a permit from the Florida Department of Environmental Protection (DEP) for filling the pond with concrete. They also claimed damages due to loss of drainage and a cost to cure the site by building a driveway to access their property due to the extra fill added by the County. As stated earlier, the final risk to the County was the sloughing of fill off of the slope covering more of the Jenkins' property as time passes. IV. MEDIATION The mediation was attended by the co -personal representatives of the Jenkins Estate, Brian Jenkins and Patricia Mack; their attorney Bob Gorman; retired 19th Circuit Court judge Ben "Buck" Bryan, the mediator; outside counsel for the County, Bill Doney; Public Works Director Richard Szpyrka; and me. Negotiations took place over a period of six hours with ten different offers and counter offers exchanged. The parties agreed (subject to Board approval) to a settlement of all issues as follows: • The County would pay the sum of $375,000 in full and final settlement for title to the right-of- way property. The County will receive a warranty deed from the Estates of Jenkins and a release from past, present and future damages. • Statutory attorney's fees of $113,750 to Robert J. Gorman and Associates, PA. • Interest on the $375,000 settlement from December 11. 2011 at a rate of 4.75% (with some fluctuations) in the amount of $94,765.11. • Expert witness fees consisting of a surveyor $10,172.50, an engineer $8,480.00 and an appraiser $20,787.92 for a total of $39,440.42. • Filing fees, service of process fees and court reporter fees in the amount of $1,293.45. Total cost of acquisition for the Jenkins matter is $624,248.98. V. DISCUSSION The risks have been set forth above. There is no way to predict how much a jury would award the Jenkins in this case, although juries tend to favor the landowner in inverse condemnation cases. In order for it to be financially beneficial for the County to take this case to trial, a jury would have to return a verdict significantly less than the settlement amount of $375,000 to offset the increased costs of attorneys' fees and expert witness fees that would be borne by the County as the County will still incur interest and the Jenkins' attorneys' fees. Thus, the effect of the settlement is to cap the County's potential exposure from a •higher verdict, additional fees and costs. ►I111111201 Although not currently budgeted, funds for this expenditure are available through a budget amendment from Traffic Impact Fees/District II/Cash Forward -Oct 1st. to Traffic Impact Fees/District I I/ROW/53rd Ave/58th St to US 1, Account # 10215241-066120-02025. P198