SUBJECT
title
Approve the Mediated Settlement Agreement with Frank Amore, Jr. and Anne Amore for PRWC Parcel Number 2033 Permanent and Temporary Construction Easements (Action)
body
DESCRIPTION
Following initial negotiations between the PRWC and Mr. Frank Amore and Mrs. Anne Amore, the PRWC and the Amore’s agreed to engage in a mediation process in an attempt to reach a settlement for easement acquisition for the Southeast Wellfield transmission main. The mediation session occurred on October 16, 2024. The PRWC, through the PRWC’s Eminent Domain Counsel (Peterson & Meyers), reached a successful conclusion to the mediation process regarding the easements (2033 PE and TCE) needed on the Amore’s property (Exhibit A).
Pursuant to the negotiated terms, the Amore’s will receive $130,000 for a permanent easement (0.5 acres) and a temporary construction easement (0.1 acres). The PRWC appraised cost for the permanent and temporary construction easements was $60,600. The Amore’s (through their attorney) initially countered at $234,500. After a series of cost exchanges, a settlement was reached at $130,000, which is $69,400 above the appraised value. The increase in the amount of compensation provided to the Amore’s above the appraised value is considered reasonable and appropriate given the additional items considered including two mature trees, 750’ of fencing, and a decorative, paved entry drive. The PRWC is also required to pay statutory attorney fees mandated under Florida law of $35,854.38 and expert fees of $13,058.38. The total cost for the easement is $178,912.76.
The mediated settlement agreement has numerous benefits to the PRWC as outlined below:
1) The settlement is $104,500 less than the owner’s opinion of compensation;
2) A jury trial was avoided, which would have exposed the PRWC to an additional estimated $150,000-$200,000 in costs;
3) The Amore’s property is a part of GMP-1 (Construction Package 2A) and construction is already underway on this segment of transmission main. The settlement avoids potential delays and additional costs associated with the contractor.
RECOMMENDATION
Approve the Mediated Settlement Agreement Frank Amore, Jr. and Anne Amore for PRWC Parcel Number 2033 Permanent and Temporary Construction Easements.
FISCAL IMPACT
The Mediated Settlement Agreement provides that the PRWC will pay $178,912.76 (inclusive of attorney and expert fees) for PRWC Parcel Number 2033 Permanent and Temporary Construction Easements. These costs are anticipated to be reimbursed through a Heartland Headwaters Protection and Sustainability Act grant. A total of $21,229,000 is budgeted for Southeast Wellfield Transmission Main land costs.
CONTACT INFORMATION
Eric DeHaven