Broward County Commission Regular Meeting

A.  MOTION TO ADOPT Resolution No. 2018-084 authorizing the use of eminent domain to acquire certain property for a County and public purpose.

ACTION:  (T-1:42 PM)  Approved.  (Scrivener's Error - See County Administrator's Report:  Hard copy of heading currently states:  "George Tablack/Finance and Administrative Services/Agenda Prep."  Should state:  "Andrew J. Meyers/County Attorney.")  (See Yellow-Sheeted Additional Material, dated March 20, 2018, submitted at the request of the County Attorney.)  (Refer to minutes for full discussion.)

VOTE: 9-0.
 
B. MOTION TO APPROVE in substantially the form provided the Mediated Settlement Agreement ("Settlement Agreement") resolving all claims against Broward County in Shaw Farms & Land Company of Florida, LLC and Dania Place, LLC v. Broward County, et al., 17^th Judicial Circuit Court Case No. 15-011648 (09) (the "Shaw case"); and authorizing the County Attorney to modify the Settlement Agreement's terms if and as deemed prudent to preserve various claims asserted by the County, provided that such modifications neither diminish the property interests to be acquired by the County nor increase the total consideration paid by the County.

ACTION:  (T-1:42 PM)  Approved, as amended, as read into the record by Commissioner Geller (Refer to minutes for full discussion.)  (Scrivener's Error - See County Administrator's Report:  Hard copy of heading currently states:  "George Tablack/Finance and Administrative Services/Agenda Prep."  Should state:  "Andrew J. Meyers/County Attorney.")  (See Yellow-Sheeted Additional Material, dated March 20, 2018, submitted at the request of the County Attorney.)

VOTE: 9-0.

Section 127.02, Florida Statutes, provides that the Board of County Commissioners (the "Board") may not exercise its power of eminent domain unless the Board adopts a Resolution authorizing the acquisition of the property at issue. Board approval is also required to approve the proposed Settlement Agreement.

If Motions A and B are approved, the claims against the County in the Shaw case will be resolved and the County will acquire the affected properties pursuant to the terms of the Settlement Agreement.

This item will be considered by the Board after the private attorney-client meeting. If approved, this item would result in full settlement of the claims against the County in the Shaw case (the County's claims against the contractor and design firms, and the County's independent lawsuit against its insurance carrier, would remain) and would adopt a Resolution authorizing a taking of the fee interest in the South Parcels (comprised of approximately 31 acres south of N.E. 10^th Street). The trial court has determined that the County had previously taken, through inverse condemnation, only an undevelopable permanent "flowage easement" on the South Parcels.

The parties are continuing to negotiate the terms of the proposed Settlement Agreement. The negotiations might result in a settlement of the County's claims against the contractor, design firms, and/or insurance company. The Settlement Agreement, and any documents addressing the County's remaining claims, will be distributed as additional material.
 
Please note that Exhibit "A" of the proposed Resolution consists of six pages. The first page is a magnified legal description, and the remaining pages consist of the boundary survey of the South Parcels.

Michael J. Kerr, Deputy County Attorney, (954) 357-7600