Subject:
Title
Authorization of Settlement Agreements for Brevard County Shore Protection Project (Mid Reach Segment Renourishment Easements BRP-133, BRP-172, and BRP-173)
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Fiscal Impact:
BRP-133: $61,255 total settlement costs funded from the Tourism Beach Fund (1442/293100), with approximately 57.4% ($35,160) eligible for credit through Federal cost share and 50% ($13,047) of remaining cost eligible for reimbursement from State, resulting in $13,047 local cost.
BRP-172 and BRP-173: $360,116.74 total settlement costs funded from the Tourism Beach Fund (1442/293100), with approximately 57.4% ($206,708.00) eligible for credit through Federal cost share and 50% ($103,354) of remaining cost eligible for reimbursement from State, resulting in $103,354 local cost.
Dept/Office:
County Attorney’s Office / Natural Resources / Tourism
Requested Action:
Recommendation
Staff requests that the Board of County Commissioners approve a settlement of Brevard County Circuit Court Case No. 05-2023-CA-015474-XXXX-XX, settling the case as to the remaining defendants Hubbard Investments, Inc. and Daniel Hasratian and Karine Melkoumian; authorize the Chairman to execute the Hubbard Settlement Agreement and any other documents necessary to finalize and effectuate the settlement; and authorize the Chairman to execute the Hasratian and Melkoumian Settlement Agreement and any other documents necessary to finalize and effectuate the settlement, subject to County Attorney approval as to form.
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Summary Explanation and Background:
The County filed the eminent domain case styled Brevard County v. Thirrel A. Altman, Jr., Trustee of the Thirell A. Altman Sr. Trust U/T/D March 16, 2001, et al., Brevard County Circuit Court Case No. 05-2023-CA-015474-XXXX-XX, to acquire the beach renourishment easements referred to as BRP-133, BRP-172, BRP-173, and BRP-174 for the Mid-Reach Segment of the Brevard County Shore Protection Project being done in conjunction with the United States Corp of Army Engineers. The Board previously approved a settlement of the case as to the Altman defendants and BRP-174.
The County and the remaining defendants, Hubbard Investments, Inc. (“Hubbard”) and Daniel Hasratian and Karine Melkoumian (“Hasratian/Melkoumian”), desire to resolve their disputes to limit risk and conserve their resources. The Hubbard and Hasratian/Melkoumian settlements are based on the same percentage of underlying fee value and same terms as the settlement with the Altman defendants. Nothing in the settlement agreements shall be interpreted as any party conceding the positions asserted in the above-styled case.
The Hubbard settlement amount consists of $50,920 paid to Hubbard related to the taking of BRP-133 in full and final settlement of all claims related to this eminent domain case, and $10,335.60 in attorneys’ fees based on a statutory formula.
The settlement amount paid to Hasratian/Melkoumian consists of $294,957.00 related to the taking of BRP-172 and BRP-173 in full and final settlement of all claims related to this eminent domain case, $5,345 in costs (subject to receipt of invoices) and $59,814.74 in attorneys’ fees based on a statutory formula.
A copy of the Hubbard Settlement Agreement and proposed Stipulated Final Judgment and Order on Apportionment and Disbursement of Condemnation Award as to Parcel BRP-133 is attached.
Settlement was agreed to by Hasratian/Melkoumian on the day of the agenda packet deadline, and the Settlement Agreement and proposed Stipulated Final Judgment and Order on Apportionment and Disbursement of Condemnation Award as to Parcels BRP-172 and BRP-173 are not yet finalized. Once the documents are completed and signed by Hasratian/Melkoumian, and subject to County Attorney approval, they will be presented to the Chairman for execution.
Clerk to the Board Instructions:
When obtaining the Chairman’s signature on the Settlement Agreement for Hubbard (Parcel BRP-133), please strike the erroneous “as approved by the Board” date of July 8, 2025, and write in the correct approval date, September 16, 2025. Provide the County Attorney’s Office with a copy of the Clerk’s Memorandum and signed copy of the Settlement Agreement with Clerk’s attestation for Hubbard. The County Attorney will obtain fully executed copies of the Settlement Agreement for Hasratian/Melkoumian (Parcels BRP-172 and BRP-173) and provide copies of the same to the Clerk to the Board for inclusion in the official minutes.