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11/15/2016 (2)
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11/15/2016 (2)
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Last modified
12/10/2020 1:10:04 PM
Creation date
12/10/2020 12:13:03 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/15/2016
Meeting Body
Board of County Commissioners
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Pre -Suit Settlement Agreement <br />Paula Jones and Kevin Jones (collectively Plaintiffs) and Indian River County (hereafter. IRC and/or <br />Defendant) and agree to settle all claims between them arising out of a dispute involving the County's <br />nutrient removal facility, which is located adjacent to the Plaintiff's premises located at 285 27thAve <br />SW, Vero Beach, Florida (hereafter the Premises), as follows: <br />1. Defendant agrees to pay Plaintiffs the sum of $85,000.00 (Eighty -Five Thousand Dollars), subject <br />to the provisions of this agreement. <br />2. Defendant agrees to cooperate with Plaintiffs with regard to repair or replacement of the septic <br />system installed at the Premises, at Plaintiffs expense. Plaintiffs understand that permitting for <br />repair or replacement of the septic system involves agencies other than IRC. <br />3. Defendant agrees to cooperate with the Plaintiffs and to allow Plaintiffs to install reasonable <br />curbing along the cement slab of the County's nutrient removal facility in order to reduce <br />drainage flowing onto the Premises. <br />4. Defendant agrees to allow Plaintiffs to place landscaping along the fence line between the <br />Premises and the County's nutrient removal facility. <br />5. Defendant agrees to pay the full cost of this pre -suit mediation. <br />6. This agreement is subject to approval by the Indian River County Commission. If approved, <br />Defendant agrees to pay the amount stated in paragraph one above within 10 days of approval. <br />7. Plaintiffs agree to sign a general release in favor of IRC. <br />8. If the County Commission does not approve this agreement, then this agreement is void. <br />9. The County agrees to pay the entire cost of this mediation, whether or not the agreement is <br />approved. <br />This agreement is signed this 25th Day of October, 2016, in Vero Beach, Florida. <br />Signat es: <br />Kevin Jones <br />Pa a o s <br />Indian River County <br />B eputy County Attorney <br />J. nley C man, Plaintiff Counsel <br />252 <br />
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