Item N4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 16, 2002
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Settlement of Marathon Community Park condemnation litigation.
Monroe Countv v. First Union National Bank, et al.
ITEM BACKGROUND:
The Board authorized the filing of this action. Monroe County filed a "quick take" of the
Marathon Park, Parcel II property. The case was set for trial, but has been continued
indefinitely. Counsel for the condemnees have recently moderated their settlement demands.
Mark Ulmer, the County's special counsel, recommends this settlement.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY: None.
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:
T. HENDRICK
DOCUMENTATION:
Included
To Follow 0
Not Required 0
AGENDA ITEM #
/-#~
. .
Mark S. Ulmer
J. Wiley Hicks
Robert A. Schreiber
ULMER, HICKS & SCllREmER, ~A.
EMINENT DOMAIN 4: CML TRlALA'ITORNEYS
890 South .Dixie Highway
Coral Gables, Florida 33146
Telephone (305) 661.6688
Facsimil~ (30') 663-0219
Toll Fr~~ (800) 671.2804
In Aid of Settlement; PrivileQed Communication
January 4, 2002
Mr. Andrew H. SChuster, Esq.
Brigham Moore, LLP
203 S. W. 13 Street
Miami, Florida. 33130-4219
Via Facsimile (305) 860-8344
Mr. Richard D. Tobin, Esq.
Wachovia Bank Bldg., Suite 702
2929 E. Commercial Blvd,
Ft. Lauderdale, Florida 33308
Via Facsimile (954) 771-0545
Re: Monroe County v, First Union National Bank. et al: 16th Circuit Case
No, CAM 00113. Parcel 13-10C (Monroe. Swartz),
Gentlemen:
Please consider the following as a final offer of settlement regarding the
referenced eminent domain proceeding:
1. The County will pay a total of $1,565,000.00 for unencumbered fee simple
absolute title to Parcel 13-10C and for any and all other claims for
compensation, damage, pre-judgment interest and all attorneys' fees of all
defendants (including interest holders not presently joined in the lawsuit in
connection with item 4, below), except as set forth below,
2. Notwithstanding the foregoing, the County will take title subject to: i) utility
easements of record in favor of Florida Keys Electric Co-op; and, ii) oil,
gas and mineral rights in the submerged lands in favor of the State of
Florida.
3, The settlement will take the form of a stipulated final judgment crediting
the County for the $750,000.00 deposited in connection with the Order of
Taking and requiring the further deposit of the sum of $815,000.00 into the
court registry within 30 days of entry of the judgment. The defendants may
collectively allocate the total settlement amongst themselves and their
attorneys as they desire; however, no apportionment or disbursement of
the settlement proceeds shall take place until the defendants satisfy item
4, below.
~V'.I'..1 '-"..1'..1
2
4. The defendants must obtain the joinder and consent to the Order of
Taking and to this settlement from all parties necessary to transfer to the
County, without encumbrance or lien, the 99-year lease Originally in favor
of Jon Cianchette, subsequently assigned to Nena Cianchette, deceased.
5. The County will pay and the Court shall retain jurisdiction to tax the: a)
defendants! reasonable costs pursuant to Fla. Stat. , 973.091 (2001); and,
b) defendants' reasonable hourly attomeys' fees relating to apportionment
of the award between landlord and tenant pursuant to Fla. Stat. , 9
73.092(2)-(5) (2001) for time incurred by Andrew H. Schuster and Richard
D. Tobin subsequent to the entry of the Stipulated Final Judgment referred
to in item 1, above.
This settlement proposal is subject to approval of the Monroe County Board
of County Commissioners. Upon being notified by you that your clients.
collectively, will agree to these terms, the matter will be scheduled on the
Commissions next available agenda with recommendation for approval from me
(as special counsel) and from the County Attorney and the County's
administrative staff. Please respond no later than January 11, 2002.
Sincerely,
~
Mark S. Ulmer
MSU:/I
u~ HICKS &: SCHRRlNR, P.A.
890 South Dixie m~, Coral Gables, Florida 33146. Tel. (305) 661-6688. Fax (305) 663-0219