SUBJECT
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Approve the Negotiated Settlement Agreement with Wheeler Farms for PRWC Parcel Numbers 4005 PE and TCE, 4006 PE and TCE, 4083 TCE, 7003 PE and TCE, 7004 PE and TCE, 7005 PE and TCE, 7008 PE and TCE, 7010 PE and TCE (Action)
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DESCRIPTION
Following negotiations between the PRWC (American Acquisition Group) and Wheeler Farms, the parties agreed to a settlement agreement on eight parcels owned by Wheeler Farms (see Exhibit A) where fifteen easements are needed for the Southeast Transmission Main Project.
Pursuant to the negotiated terms, Wheeler Farms will receive $990,000 for permanent easements over eight parent parcels consisting of approximately 4.64 acres and temporary construction easements over 0.94 acres. The PRWC appraised cost for the permanent and temporary construction easements over this area was $600,800. Wheeler Farms (through their attorney) initially countered at $1,400,000. After a series of exchanges, a settlement was reached at $990,000, which is $398,200 above the appraised value. This increase over the appraised value is considered reasonable and appropriate given the additional items considered such as:
1) The removal of approximately 539 citrus trees and impacts to additional trees due to operational constraints within the grove;
2) The removal of 57 large sycamore trees that act as a wind break for the citrus operations;
3) The need to establish new fencing and gates over much of the easement area due to the loss of the natural vegetative border to prevent road access to the grove;
4) Impacts to existing irrigation systems for grove irrigation.
The PRWC is also required to pay statutory attorney fees mandated under Florida law. For this negotiation the attorney fee is $120,000. There are no expert fees. The total cost for the easement is $1,110,000.
The mediated settlement agreement has numerous benefits to the PRWC as outlined below:
1) The settlement is $398,200 less than the owner's opinion of compensation...
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