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BOOK 89 u -IN 2,8 2. Property owner Attorney fees from 1990 have been claimed to be approximately $250,000. Approximately $125,823 of these fees were incurred before June 15, 1991, which was the date that the County's final Offer of Judgment took effect. Attorney fees prior to this date are a County responsibility. The fees were examined by the County's legal counsel and appear reasonable. The settlement agreement includes the County paying $125,000 in attorney fees for the property owner. The DOT will pay 80% of this cost, or $100,000. The County share is $25,000. 3. Expert fees for appraisals, environmental consultants, planners, engineering consultants, litigation costs, and miscellaneous related costs have been claimed by the property owner to be $234,613.67. Approximately $207,997 of these costs are claimed to be incurred prior to the County's last offer on June 15, 1991. The property owner is willing to settle this issue for $125,000. The DOT will pay 80% of this cost or $100,000. ALTERNATIVES AND ANALYSIS The County has incurred approximately $19,000 in outside legal costs on this parcel since July, 1991, as a result of appeals. Further costs will be necessary as appeals proceed to higher courts. The alternatives include the following: Alternative No. 1 Approve the proposed settlement agreement at a cost of approximately $285,000, $57,000 County share and $228,000 State of Florida DOT share. A majority of these costs, and possibly more, would be awarded to the property owner at a hearing before the Circuit Court on attorney fees and expert/related costs incurred prior to June 15, 1991, before the appeal process began. Alternative No. 2 Reject the settlement agreement, proceed defending the appeals, and argue legal fees, expert costs, and related costs before the Circuit Court in future hearings. RECOMMENDATIONS AND FUNDING Alternative No. 1 is recommended whereby the Settlement Agreement be approved. Funding to be from Fund 309 - Indian River Blvd. Project Fund, in the amount of approximately $57,000 cost to County and $228,000 to Florida DOT on a reimbursement basis. MOTION WAS MADE by Commissioner Eggert, SECONDED by Commissioner Tippin to approve the proposed settlement agreement at a total cost to the County of approximately $57,000.00, as set forth in the above staff recommendation. Under discussion, Commissioner Adams was upset about the high attorney and expert witness fees. Director Davis explained that the owner refused the County's offer of $365,200.00 and in fact wanted $1.3 million for the 86