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Hicks-Rosalia 661h Ave Parcel 124-B April 15, 2020 Page 12 Ms. Hicks-Rosalia and her attorney negotiated with Bill DeBraal and Susan Prado on the sale of the piece of Right of Way. Staff and Ms. Hicks-Rosalia agreed on the terms of the Agreement for Purchase and Sale of Real Estate that is attached to this memorandum as Exhibit "B". The Agreement terms are: • The County will pay to Ms. Hicks-Rosalia $7,760 for right-of-way parcel 124-13, permanent access easement, and temporary construction easement. • Statutory attorney's fees of $1,339.80 • All costs and expert witness fees of $1,500 • One 14 (fourteen) foot driveway extending from the new edge of pavement to the new right of way line The total settlement cost to the County is $10,599.80 plus the cost of the driveway. An aerial image of Parcel 124-B is attached to this memo. By purchasing the Property in advance of filing a lawsuit, staff is attempting to save on expert witness fees incurred by both the County and Ms. Hicks-Rosalia. As noted in the past, expert witness fees for both parties often exceed $100,000 by the time the suit is filed and mediation is held. Pursuant to state statutes, the County is responsible for reasonable expert witness fees for Ms. Hicks-Rosalia. The County has incurred significant savings by not having to hire our trial witnesses (appraiser, engineer and land planner) and outside counsel. Ms. Hicks-Rosalia is represented by John Evans of the law firm Dill, Evans, and Rhodeback in Sebastian. STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Hicks-Rosalia property and authorize the Chairman to execute the document on behalf of the Board. FUNDING: Funding is budgeted and available for this expenditure in Traffic Impact Fees/ District I/ROW/66th Ave/69th Street -851h Street, Account # 10215141-066120-16009. Attachments: Exhibit "A" Aerial Photo Exhibit "B" Agreement to Purchase and Sell Real Estate for right-of-way Parcel 124-B.