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APR 6 1993 -' 4r 53 pm,,f 179 AIELLO vs. INDIAN RIVER COUNTY vs. SALTER The Board reviewed memo from the County Attorney, as follows: TO: Board of DATE: March 29, 1983 FILE: County Commissioners / SUBJECT: Case No. 82-1467 Aiello vs. Indian River County vs. Salter FROM: Gary M. Brandenburg REFERENCES: County Attorney Indian River County's agreement with Treasure Coast Utilities and Mr. Salter, individually, contained a clause indemnifying Indian River County against any claims that might be asserted by the Receiver, Aiello. As you recall, the Receiver attempted to impose a Receiver's Lien on the assets of Treasure Coast Utilities subse- quent to closing. This resulted in the court refusing to impose a Receiver's Lien but portioning the Receiver's expenses and fees between the County, Treasure Coast Utilities, and Salter. As a result, the County was ordered to pay $6,861.00. The Receiver, Aiello, has filed a Petition for Writ of Mandamus to force the County to pay this amount. On behalf of the County, I have filed a Third Party Complaint against Treasure Coast Utilities and Salter, individually, which asserts our indemnification rights under the contract. Treasure Coast Utilities has defaulted in the lawsuit; however, in all likelihood the corporation has been stripped of all assets. Mr. Salter has been served individually and has answered the Complaint and asserted three affirmative defenses. During a hearing on Monday, March 28, 1983, the court ruled on motions presented by this office in our favor striking the second and third affirmative defenses. The court was then requested by Mr. Salter to rule on his first affirmative defense (lack of personal juris- diction) and ruled once again in the County's favor. This case is at issue, and I will soon be requesting the court to establish a trial date. Mr. Salter has offered to settle this dispute with the County for $2;200.00. This would leave the County responsible for the difference` of $4,661.00 payable to Aiello. I would recommend rejecting this offer. This lawsuit will probably result in a judgment of $6,861.00 against the County in favor of Aiello and a judgment against Treasure Coast Utilities and Salter, individually, in favor of Indian River County in the same amount, in which case the County will have to pay Aiello and attempt to collect from Salter and Treasure Coast Utilities. ;Resp�ecully submitted, / Jar a'ry X. Brandenburg Attorney Brandenburg summarized that we.do have Mr. Salter on the line individually for the costs, and the Judge has ruled for us. Mr. Salter is aware of the situation and has made an offer to settle, and the Commission now has to make a judgment whether or not to accept the settlement. 66