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INDIAN RIVER BOULEVARD, PHASE III - RIGHT-OF-WAY PARCEL #108 <br />The Board reviewed the following memo dated 1/27/93: <br />TO: James E. Chandler, <br />County Administrator <br />FROM: James W. Davis, P.E., <br />Public Works Director ct"", <br />SUBJECT: Indian River Boulevard Phase III <br />Right -of -Way Parcel #108 Settlement Agreement <br />DAIS: January 27, 1993 <br />DESCRIPTION AND CONDJ=MgS <br />On December 5, 1990, the County acquired this 39 acre parcel <br />(Parcel #108) for right-of-way and mitigation for the Indian <br />River Boulevard Phase III project by means of an Order of <br />Taking. The property owners (Paul W. Roffman and Camille O. <br />Hoffman) appealed the entry of the Order of Taking. The <br />Appellate Court affirmed the entry of the Order of Taking <br />and the case was prepared for trial. The staff recommended <br />and the Board of County Commissioners approved the making of <br />an offer of judgment, and an offer of judgment was made in <br />the amount of $365,000. The property owners did not respond <br />to the offer of judgment and there were no meaningful <br />settlement discussions until several days immediately before <br />trial. The case proceeded to trial on January 25, 1993 and, <br />at the urging of the property owners' attorney, the Court <br />recessed the proceedings to allow the parties to attempt to <br />reach a settlement agreement. <br />At the time of trial the property owners were seeking <br />$971,150 as compensation for the property taken, plus <br />$242,995 in attorneys' fees and approximately $130,000 in <br />costs. <br />Staff (the County's representative at trial, James W. Davis) <br />and the County's legal consultant (trial counsel, Kenneth J. <br />Kavanaugh) negotiated with the property owners and their <br />counsel and reached the following settlement agreement, <br />subject to approval by the Board of County Commissioners. <br />1) Monetary compensation of $365,000, as previously <br />approved by the Board of County Commissioners ($272,000 <br />already deposited with the Registry of the Court, <br />together with an additional monetary compensation of <br />$93,000); <br />2) Legal fees in the amount of $100,000; <br />3) Expert witness fees and other litigation costs in the <br />amount $100,000; <br />4) The County's agreement to the transfer of development <br />rights from the portion of Parcel 108 taken to the <br />remainder portion of the parcel which has not been <br />taken (with the transfer being subject to all laws, <br />ordinances, and regulations of the Federal, State, <br />county -and City governmental bodies); <br />31 <br />L -E 8 2 1993 wk Q,n 710 <br />I <br />