Subject:
Title
Consideration of a Settlement Agreement with Merritt Island Development to settle alleged claims under the Bert Harris Act purportedly arising from an amendment to the Comprehensive Plan relating to property on Merritt Island, and providing for Brevard County's acquisition of certain real property.
End
Fiscal Impact:
If approved, the Settlement Agreement will release Brevard County (General Fund) from contingent liability for pending alleged claims including purported diminution in property value, prejudgment interest, attorneys' fees, expert fees and costs of more than $4 million. The Settlement Agreement further provides for Brevard County's acquisition of approximately 147 acres of property for stormwater outfall, stormwater storage, conservation, recreation, and other public purposes for a total of $3 million, apportioned as follows: $578,045 SOIRL Basin 835 Stormwater Treatment (Fund 1260-271010, FP 516647); $487,058 SOIRL Basin 840 Stormwater Treatment (Fund 1260-271010, FP 516647); $424,069 SOIRL Basin 827 Stormwater Treatment (Fund 1260-271010, FP 516647); $588,000 FDEP Grant 22FRP98 West Crisafulli Road Drainage Improvements (Fund 1700-313937); up to $562,828 NMI West Crisafulli/Church Street CIP (Fund 1112-260030, FP 6964202); $360,000 from the Environmentally Endangered Lands (EEL) Program, subject to adjustment based on appraisal, plus the cost of appraisal (Fund 3218, CC 340241).
Dept/Office:
County Attorney's Office
Requested Action:
Recommendation
Staff requests that the Board of County Commissioners (1) approve a tentative Settlement Agreement that, subject to Court approval, will resolve the case of Waters Mark Development Enterprises, LC v. Brevard County, Brevard County Circuit Court Case No. 05-2014-CA-041947-XXXX-XX; (2) as part of the settlement agreement and pursuant to the Bert Harris Act and as further described herein, authorize the acquisition of approximately 147 acres of property for stormwater treatment, flood mitig...
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