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Office of Consent 09/ 13/2013 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney SF MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney l(f DATE: September 8, 2015 SUBJECT:* Board's Offer of Settlement to Linda and Tom Winkel Property located at 6650 45th Street, Vero Beach On May 4, 2010, the County and Tom and Linda Winkel (Winkels) entered into an Agreement for the Purchase and Sale of Real Estate (Agreement) for the 66th Avenue Road Project. In the Agreement, the County agreed to purchase 1.1 acres of real estate from the Winkels and perform other work in an effort to mitigate for and cure the taking. On August 19, 2014, the Agreement was amended (Amendment) to change some of the responsibilities of the parties under the May, 2010 Agreement. On January 6, 2015, the Winkels appeared before the Board of County Commissioners raising several new concerns that they alleged were not contemplated in the May, 2010 Agreement, including, but not limited to problems with their septic system drain field, driveway slope being too steep, fencing being too low and weeds taking over their yard After the County completed grading on the property and installation of the landscaping earlier this year, the Winkels claimed that sections of the yard flooded and did not drain properly following heavy rains. Staff refuted the claims. In order to resolve the problems and keep staff and contractor time to a minimum, the Board voted 3-1 (Commissioner Zorc was absent) to offer the Winkels $10,000 in full and final settlement of all possible claims associated with the 66th Avenue Improvement Project, .now and in the future The Board directed the undersigned to draft a document expressing the will of the Board. Ar-RROVED FOR BC.0 MEETING - CONSE. q-15-15 COUNTY ATTORNEY `Indian River Ca Approved Admin. Legal Budget Dept. Risk Mgr 54