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<br />MEMORANDUM <br /> <br />TO: <br /> <br />city of Centerville <br />Mayor & Councilmembers <br />City Attorney, Kurt B. Glaser <br />February 26,2008 <br />Sheehy Litigation - Recommendation to accept Settlement proposal. <br />[This memorandum is a public document.] <br /> <br />FROM: <br />DATE: <br />RE: <br /> <br />SUMMARY: The parties have proposed terms to resolve the outstanding litigation over <br />the property taken for the Backage Road from Sheehy Construction. I am recommending <br />that the City accept these settlement terms. <br /> <br />The terms are as follows: <br /> <br />1) Sheehy Construction will accept the amount of money awarded by the Commissions in <br />exchange for the City taking their property. This amount is $201,500.00. <br /> <br />2) Sheehy and the City will dismiss their lawsuits against each other. Neither party will <br />seek fees or costs against the other. <br /> <br />COMMENTARY: I believe this is the most sensible resolution which the City can accept <br />at this time. Since the property value has already been valued by a three-member panel of <br />Commissioners it is unlikely that a jury would make a substantially different finding than <br />those professionals. This settlement stands to protect both parties against the litigation <br />cost of taking this case to a jury trial. The litigation cost could easily exceed any <br />additional award which a jury might find. <br /> <br />The Commissioners awarded Sheehy $201,500.00. The City previously placed <br />$145,000.00 into escrow with the Court when we initially took the property. Accordingly, <br />the City must pay the balance of this amount. <br /> <br />For the reasons stated above, I recommend that the City accept these settlement terms to <br />resolve this litigation. <br /> <br />COUNCIL ACTION REQUIRED: The Council must pass a Resolution 1) accepting the <br />terms stated above, 2) authorizing the City Attorney to draft an appropriate Settlement <br />Agreement, and 3) authorizing the Mayor to sign the Settlement Agreement. This could <br />be accomplished if a Motion was made to "Adopt the recommendations of the City <br />Attorney as set forth in his memo date February 26, 2008, regarding Sheehy Litigation - <br />Recommendation to accept Settlement proposal." <br /> <br />KBG <br /> <br />21 <br />