HomeMy WebLinkAbout2011-065 MEDIATION SETTLEMENT AGREEMENT a D 1 / ��✓
This Mediation Settlement Agreement is entered into as of the 9th day of February , 2011 ,
by and among INDIAN RIVER COUNTY , a political subdivision of the State of Florida
(" County" ) , CITY FIRST MORTGAGE CORPORATION , a Florida corporation (" City First" ) ,
and NATIONAL TITLE INSURANCE OF NEW YORK, a New York corporation ("National
Title" ) .
1 . National Title shall pay to the County the sum of One Hundred Fifty Thousand
and No/ 100 ( $ 150 , 000 . 00 ) ;
2 . City First shall demolish the structure located on the subject property . The term
" subject property" shall mean the property located at 2025 Surfside Terrace , Vero Beach ,
Florida , described more fully as Lot 13 , SURFSIDE ESTATES , according to the Plat thereof, as
recorded in Plat Book 6 , Page 62 , Public Records of Indian River County , Florida . The term
" structure " shall mean all improvements above the slab of the existing structure .
3 . The County shall release all Code Enforcement Board liens on the subject
property .
4 . This settlement shall be contingent upon satisfaction of the following two
conditions :
a . City First shall have thirty (30) days from the date hereof to satisfy itself
that demolition of the structure as set forth in paragraph 2 above will not adversely affect the
ability of City First or its eventual buyer to build within the footprint of the existing structure .
City First , through its counsel , shall notify the County in writing within such thirty ( 30 ) days
whether this condition is satisfied ; and
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MEDIATION SETTLEMENT AGREEMENT
This Mediation Settlement Agreement is entered into as of the 9th day of February , 2011 ,
by and among INDIAN RIVER COUNTY , a political subdivision of the State of Florida
(" County" ) , CITY FIRST MORTGAGE CORPORATION , a Florida corporation ("City First") ,
and NATIONAL TITLE INSURANCE OF NEW YORK , a New York corporation ("National
Title") .
1 . National Title shall pay to the County the sum of One Hundred Fifty Thousand
and No/ 100 ($ 150 ,000 . 00) ;
2e City First shall demolish the structure located on the subject property. The term
" subject property" shall mean the property located at 2025 Surfside Terrace , Vero Beach ,
1
Florida , described more fully as Lot 13 , SURFSIDE ESTATES , according to the Plat thereof, as
i
recorded in Plat Book 6 , Page 62 , Public Records of Indian River County , Florida . The term
"structure" shall mean all improvements above the slab of the existing structure .
3 . The County shall release all Code Enforcement Board liens on the subject
property .
4 . This settlement shall be contingent upon satisfaction of the following two
conditions :
a . City First shall have thirty (30) days from the date hereof to satisfy itself
that demolition of the structure as set forth in paragraph 2 above will not adversely affect the
ability of City First or its eventual buyer to build within the footprint of the existing structure .
City First , through its counsel , shall notify the County in writing within such thirty (30 ) days
whether this condition is satisfied; and
FVlanniryVindaViiigniine\City Firsi (QanonJWlediation Seltlezen( Agnia.dr Page I of 2
be Approval of this settlement by the Indian River County Board of County
Commissioners within thirty (30 ) days from the date hereof.
5 . Within fifteen ( 15 ) days of satisfaction of the above conditions , City First shall
apply for any permits required to demolish the structure as set forth in paragraph 2 above , and
shall diligently proceed to complete demolition within thirty (30 ) days of issuance of the permits .
6. Within fifteen ( 15 ) days of completion of demolition of the structure , National
Title shall pay to County the sum set forth in paragraph 1 above . Within fifteen ( 15 ) days of
receipt and clearance of such payment , the County shall execute and record a release of all Code
Enforcement Board liens with respect to the subject property .
7e Within fifteen ( 15 ) days of recording of the County ' s release set forth in
paragraph 6 above , City First shall execute and file a dismissal of the pending appeal with
prejudice .
8 . The parties hereby stipulate to a continuance of the filing date of any briefs in the
pending Fourth District Court of Appeal case for sixty (60) days from the date hereof.
9. Each party shall bear its own attorney ' s fees , costs and expenses .
INDIAN RIVER COUNTY CITY FIRST MORTGAGE CORPORATI N
By : By:,
Alan S . Polackwich , Sr. , County Attorney Stephen Fiske , President
BCC approved : March 8 2011
NATIONAL -TITLE INSURANCE OF
NEW YORK
y : Oil mum to /4
William T . Weisbecker, Vice President , Wallace E . Roddenberry, Mediator
Claims Counsel
F:\Attnrne)VbndnV,itignlinn\Cily First (/Gmnn)\Media(ion Selderrwn( AgrmCdor Page 2 of 2
be Approval of this settlement by the Indian River County Board of County
Commissioners within thirty (30 ) days from the date hereof.
5 . Within fifteen ( 15 ) days of satisfaction of the above conditions , City First shall
apply for any permits required to demolish the structure as set forth in paragraph 2 above , and
shall diligently proceed to complete demolition within thirty (30 ) days of issuance of the permits .
6. Within fifteen ( 15 ) days of completion of demolition of the structure , National
Title shall pay to County the sum set forth in paragraph 1 above . Within fifteen ( 15 ) days of
receipt and clearance of such payment , the County shall execute and record a release of all Code
Enforcement Board liens with respect to the subject property .
7e Within fifteen ( 15 ) days of recording of the County ' s release set forth in
paragraph 6 above , City First shall execute and file a dismissal of the pending appeal with
prejudice .
8 . The parties hereby stipulate to a continuance of the filing date of any briefs in the
pending Fourth District Court of Appeal case for sixty (60) days from the date hereof.
9. Each party shall bear its own attorney ' s fees , costs and expenses .
INDIAN RIVER COUNTY CITY FIRST MORTGAGE CORPORATI N
By : By:,
Alan S . Polackwich , Sr. , County Attorney Stephen Fiske , President
BCC approved : March 8 2011
NATIONAL -TITLE INSURANCE OF
NEW YORK
y : Oil mum to /4
William T . Weisbecker, Vice President , Wallace E . Roddenberry, Mediator
Claims Counsel
F:\Attnrne)VbndnV,itignlinn\Cily First (/Gmnn)\Media(ion Selderrwn( AgrmCdor Page 2 of 2
MEDIATION SETTLEMENT AGREEMENT a D 1 / ��✓
This Mediation Settlement Agreement is entered into as of the 9th day of February , 2011 ,
by and among INDIAN RIVER COUNTY , a political subdivision of the State of Florida
(" County" ) , CITY FIRST MORTGAGE CORPORATION , a Florida corporation (" City First" ) ,
and NATIONAL TITLE INSURANCE OF NEW YORK, a New York corporation ("National
Title" ) .
1 . National Title shall pay to the County the sum of One Hundred Fifty Thousand
and No/ 100 ( $ 150 , 000 . 00 ) ;
2 . City First shall demolish the structure located on the subject property . The term
" subject property" shall mean the property located at 2025 Surfside Terrace , Vero Beach ,
Florida , described more fully as Lot 13 , SURFSIDE ESTATES , according to the Plat thereof, as
recorded in Plat Book 6 , Page 62 , Public Records of Indian River County , Florida . The term
" structure " shall mean all improvements above the slab of the existing structure .
3 . The County shall release all Code Enforcement Board liens on the subject
property .
4 . This settlement shall be contingent upon satisfaction of the following two
conditions :
a . City First shall have thirty (30) days from the date hereof to satisfy itself
that demolition of the structure as set forth in paragraph 2 above will not adversely affect the
ability of City First or its eventual buyer to build within the footprint of the existing structure .
City First , through its counsel , shall notify the County in writing within such thirty ( 30 ) days
whether this condition is satisfied ; and
F:binnmryVindnV.iiignlinnACipPint (Uarion Mtediminn Seu6anenf Agnm.dac Page + of 2