Subject:
Title
Authorization of Settlement Agreement for Brevard County Shore Protection Project (Mid Reach Segment Renourishment Easement BRP-174)
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Fiscal Impact:
$121,721 total settlement costs funded from the Tourism Beach Fund (1442/293100), with approximately 57.4% ($69,868) eligible for reimbursement through Federal cost share and 50% ($25,927) of remaining cost eligible for reimbursement from State, resulting in $25,927 local cost.
Dept/Office:
County Attorney’s Office
Requested Action:
Recommendation
Staff requests that the Board of County Commissioners approve a partial settlement of Brevard County Circuit Court Case No. 05-2023-CA-015474-XXXX-XX, settling the case as to defendants Thirrel A. Altman, Jr., individually and as trustee of the Thirrel A. Altman Sr. Trust U/T/D March 16, 2001 (the “Altman Group”), and authorize the Chairman to execute the Settlement Agreement and any other documents necessary to finalize and effectuate the settlement.
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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 easement referred to as 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 County and the Altman Group desire to resolve their dispute to limit risk and conserve their resources. Nothing in the Settlement Agreement shall be interpreted as either party conceding the positions asserted in the above-styled case.
The settlement amount consists of $100,000 paid to the Altman Group related to the taking of BRP-174 in full and final settlement of all claims related to this eminent domain case; $20,394 in attorneys’ fees based on a statutory formula; and $1,327 in taxable costs.
Copies of the Settlement Agreement and proposed Stipulated Final Judgment and Order on Apportionment and Disbursement of Condemnation Award as to Parcel BRP-174 are attached.
Clerk to the Board Instructions:
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.