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CASSELBERRY CITY COMMISSION Minutes of February 24, 2020 — Regular Meeting Page 6 of 9 from the penny sales tax are managed and spent in a timely manner during this generation in order to strengthen the argument for authorization of a fourth generation penny sales tax in the next few years. Mayor Glancy added that the County Manager had suggested the possible availability of additional funds which could be used by the cities for unfunded opportunities, and Mr. Newlon advised the City would seek to take advantage of those funds if possible. 9. RESOLUTIONS A. Resolution 20-3153 — Execution of Stipulated Final Judgment Regarding Eminent Domain of Property Located at 4275 S. U.S. Highway 17-92 and Related Budget Amendment #20-031 The City Clerk read Resolution 20-3153 by title, as follows: "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT BETWEEN LILY CHAN AND THE CITY OF CASSELBERRY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE." Staff Presentation: City Manager Randy Newlon stated that with approval of Resolution 20-3153 the City Commission would authorize the approval of the Stipulated Final Judgment regarding the eminent domain lawsuit between the City and Ms. Lily Chan for the property located at 4275 S. U.S. Highway 17-92 which the City sought to acquire for the purposes of resolving parking deficit problems and clearing blight along the U.S. Highway 17-92 corridor. After mediation and subsequent negotiations with the property owner, the City Attorney and the City Manager are recommending the City Commission approve the Settlement Agreement in the total amount of $1,250,170, which breaks down as follows: $1,100,000 for the property (less $800,000 previously deposited in the Court Registry), $150,000 for attorneys' fees and expert fees, and $170 for the Clerk's fee. Along with City fees and costs, the total needed to fully fund the settlement is estimated to be $1,425,000. Budget Amendment #20-031 would appropriate an additional $225,000 to complete the acquisition budget and settle the lawsuit. Mr. Newlon expressed appreciation to Assistant City Attorney Debra Babb-Nutcher for leading the City's efforts towards acquisition of the property and settlement of the lawsuit. In response to a question from the City Commission, Ms. Babb-Nutcher advised that the attorneys' fees that had been determined were statutory. Under Florida Statutes the attorney receives a fee based on the benefit and if the suit is settled for a certain number over the first written offer they are entitled to a percentage of that amount. She advised that the City did not go beyond what the statute allows. City Attorney Katie Reischmann also thanked Ms. Babb-Nutcher and Mr. Newlon for their efforts in bringing the suit to a settlement, and the City Commission for their leadership during the process. Budget Impact: Budget Amendment #20-031 would appropriate $225,000 to fully fund the settlement of the eminent domain lawsuit and capital acquisition of the subject property to the City's General Fund Parks Division Land account #001-0410-572.61-07.