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13.B. CITY FIRST MORTGAGE CORPORATION V. INDIAN RIVER COUNTY <br />REQUEST FOR "SHADE" MEETING UNDER 286.11(8), FLORIDA STATUTES <br />Attorney Polackwich provided background pertaining to a lawsuit filed against the <br />County by City First Mortgage Corporation (City First), pertaining to the County's code <br />enforcement hen on property formerly owned by Lewis Barton on which City First had <br />foreclosed without knowledge of the lien. He relayed that the lawsuit was dismissed by the <br />Court, and the Court's decision was appealed by City First to the Fourth District Court of <br />Appeal. Attorney Polackwich requested that the Board set a closed (Shade) meeting at the <br />regular Board of County Commission meeting of January 11, 2011, to receive input on what the <br />County's settlement position might be, and also wanted Board authorization to schedule the <br />mediation, noting that he would return to the Board for approval of any negotiated settlement <br />terms. <br />Discussion ensued, wherein Attorney Polackwich responded to the Board's questions and <br />comments. Topics included, but were not limited to: the location of City First; whether the <br />mediation would occur with the Title Company or with City First; the recouping of the County's <br />legal fees; what would occur if the County wins the appeal and forecloses on the property; the <br />current amount of the lien ($253,000) and whether this includes interest; the procedure for a <br />Shade meeting; and whether Lewis Barton or his family retain any claims to the subject property. <br />Chairman Solari directed Attorney Polackwich to have available at the Shade Meeting the <br />amount of the lien with and without accumulated interest, and the legal fees thus far incurred, <br />and anticipated to be incurred. <br />MOTION WAS MADE by Commissioner Flescher, <br />SECONDED by Commissioner Davis, to approve staff's <br />recommendation. <br />December 14, 2010 14 <br />