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Kinchen 66th Ave Parcel 124-A <br />October 7, 2020 <br />Page 12 <br />The Kinchens and their attorney negotiated with Bill DeBraal and Susan Prado on the <br />sale of the piece of right-of-way. Staff and the Kinchens agreed on the terms of the <br />Agreement for Purchase and Sale of Real Estate that is attached to this memorandum as <br />Exhibit "B". The Agreement terms are: <br />• The County will pay to the Kinchens $27,000 for right-of-way parcel 124-A, <br />permanent access easement, and temporary construction easement; <br />• Statutory attorney's fees of $5,346; <br />• Appraisal fees $2,900; and <br />• Kinchens' engineering analysis fees $3,192. <br />The total settlement cost to the County is $38,438. <br />By purchasing the property in advance of filing a lawsuit, staff is attempting to save on <br />expert witness fees incurred by both the County and the Kinchens. As noted in the past, <br />expert witness fees for both parties often exceed $100,000 by the time the suit is filed <br />and mediation is held. Pursuant to state statutes, the County is responsible for <br />reasonable expert witness fees for the Kinchens. The County has incurred significant <br />savings by not having to hire our trial witnesses (appraiser, engineer and land planner) <br />and outside counsel. <br />The Kinchens are represented by Raymer F. Maguire, III of the law firm Maguire, <br />Lassman, and Silbernagel, P.A. in Orlando. <br />FUNDING: Funding is budgeted and available for this expenditure in Traffic Impact <br />Fees/District I/ROW/66th Ave/69th Street -85th Street, Account # 10215141-066120-16009. <br />STAFF RECOMMENDATION: Staff recommends the Board approve the Agreement to <br />Purchase and Sell Real Estate for the Kinchen property and authorize the Chairman to <br />execute the document on behalf of the Board. <br />Attachments: Exhibit "A" An aerial image of Parcel 124-A. <br />Exhibit "B" Agreement to Purchase and Sell Real Estate for right-of-way <br />Parcel 124-A. <br />57 <br />