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HomeMy WebLinkAbout2011-072 A TRUE COPY 1 CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY , FLORIDA CIRCUIT CIVIL DIVISION INDIAN RIVER COUNTY , FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No . : 20091990 CA05 V . Parcel No . : 122 -Harbourt MATTHEW STANLEY HARBOURT, JR. , et al . Defendants . MEDl<ATED SETTLEMENT AGREEMENT At the Mediation Conference held on February 21 , 20115 the parties reached the following Settlement Agreement : 1 . Petitioner will pay to Defendants, Matthew Stanley Harbourt, Jr. , and Hilda C . Harbourt, the sum of $490, 000 . 00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest and all claims related to real estate and business damages, if any, but excluding attorney' s fees, experts ' fees , and costs . Said sum will be subject to claims of apportionment, if any. Petitioner is entitled to a credit in the amount of $297 , 000 . 00, said amount having been previously deposited in the Registry of the Court in this case by Petitioner . Upon the satisfaction of the terms and conditions of this Settlement Agreement and the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of $ 193 ,000 . 00, representing the difference between the total settlement sum referenced above and Petitioner' s previous deposit referenced above . 2 . In addition to the settlement sum referenced in Paragraph 1 , Petitioner will pay to Defendants ' attorney $ 57 , 792 . 90 in full settlement and satisfaction of all attorney ' s fees and attorney ' s litigation costs incurred by Defendants in this case , including all attorney ' s fees and attorney' s litigation costs related to monetary and non-monetary benefits, and supplemental proceedings , if any. 3 . In addition to the settlement s�zm� referenced u Paragraph I of t1.is Settlement Agreement, Petitioner will pay to Defendants ' expert witnesses $40, 000 . 00 in full settlement and satisfaction of all experts ' fees and costs incurred by Defendants in this case . A TRUE COPY 1 CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK - � IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY , FLORIDA CIRCUIT CIVIL DIVISION INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No . : 20091990 CA05 V . Parcel No . : 122 -Harbourt MATTHEW STANLEY HAR13OURT, JR. , et al . Defendants . MEDIATED SETTLEMENT AGREEMENT At the Mediation Conference held on February 21 , 2011 , the parties reached the following Settlement Agreement : 1 . Petitioner will pay to Defendants , Matthew Stanley Harbourt, Jr. , and Hilda C . Harbourt, the sum of $490,000 . 00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest and all claims related to real estate and business damages , if any, but excluding attorney ' s fees, experts ' fees, and costs . Said sum will be subject to claims of apportionment, if any. Petitioner is entitled to a credit in the amount of $297,000 . 00 , said amount having been previously deposited in the Registry of the Court in this case by Petitioner. Upon the satisfaction of the terms and conditions of this Settlement Agreement and the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of $ 193 ,000 . 00, representing the difference between the total settlement sum referenced above and Petitioner' s previous deposit referenced above . 2 . In addition to the settlement sum referenced in Paragraph 1 , Petitioner will pay to Defendants ' attorney $ 57 , 792 . 90 in full settlement and satisfaction of all attorney ' s fees and attorney ' s litigation costs incurred by Defendants in this case, including all attorney ' s fees and attorney' s litigation costs related to monetary and non-monetary benefits, and supplemental proceedings , if any. 3 . In addition to the settlement sum. referenced in. Paragraph 1 of this Settlement Agreement, Petitioner will pay to Defendants ' expert witnesses $40 ,000 . 00 in full settlement and satisfaction of all experts ' fees and costs incurred by Defendants in this case . A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ri 4 . This Settlement Agreement is subject to and conditioned upon final approval by the Indian River County Board of County Commissioners on or before March 225 2011 . Petitioner ' s legal counsel and staff will recommend approval of this Agreement to the Indian River County Board of County Commissioners . 5 . Counsel for Petitioner and Defendants will jointly submit to the Court a mutually approved Stipulated Final Judgment containing the terms and conditions of this Settlement Agreement within ten days following the final approval of this Agreement by the Indian River County Board of County Commissioners , 6 . As a condition of this settlement, Petitioner, at the time of construction of the subject road project, at Petitioner' s expense, will construct a driveway connection to Defendant ' s existing driveway on 66`h Avenue . As a condition of this settlement, Petitioner, at the time of construction of the subject road project and at Petitioner' s expense, will construct a twenty-four-foot wide driveway connection with a drop curb design on 66a' Avenue to align with the median opening at or about the southern property line of Defendants ' property. As a condition of this settlement, Petitioner, at the time of construction of the subject road project and at Petitioner' s expense, will install a culvert pipe and construct a twelve-foot-wide driveway connection with a drop curb design at or about Station 503 on 37a' Street. This Settlement Agreement, dated February 21 , 2011 , contains all of the agreements of the parties . Christopher R. Mora on behalf Defendant, Matthew Stanley Harbourt, Jr. of Petitioner, Ind ' o ti f Anthony V . Policastro , Esq . Defendant, Hilda C . Harbourt Attorney for Pet ' i ner % l 11 vv uliaul n. Le1-31acu, LSCy . 1512ut i.: . sixion, L:Sq . ( ` Attorney for Petitioner Attorney for De en s William B . Smith, Esq. David ollowa , ts Mediator Attorney for Defendants A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ri 4 . This Settlement Agreement is subject to and conditioned upon final approval by the Indian River County Board of County Commissioners on or before March 225 2011 . Petitioner ' s legal counsel and staff will recommend approval of this Agreement to the Indian River County Board of County Commissioners . 5 . Counsel for Petitioner and Defendants will jointly submit to the Court a mutually approved Stipulated Final Judgment containing the terms and conditions of this Settlement Agreement within ten days following the final approval of this Agreement by the Indian River County Board of County Commissioners , 6 . As a condition of this settlement, Petitioner, at the time of construction of the subject road project, at Petitioner' s expense, will construct a driveway connection to Defendant ' s existing driveway on 66`h Avenue . As a condition of this settlement, Petitioner, at the time of construction of the subject road project and at Petitioner' s expense, will construct a twenty-four-foot wide driveway connection with a drop curb design on 66a' Avenue to align with the median opening at or about the southern property line of Defendants ' property. As a condition of this settlement, Petitioner, at the time of construction of the subject road project and at Petitioner' s expense, will install a culvert pipe and construct a twelve-foot-wide driveway connection with a drop curb design at or about Station 503 on 37a' Street. This Settlement Agreement, dated February 21 , 2011 , contains all of the agreements of the parties . Christopher R. Mora on behalf Defendant, Matthew Stanley Harbourt, Jr. of Petitioner, Ind ' o ti f Anthony V . Policastro , Esq . Defendant, Hilda C . Harbourt Attorney for Pet ' i ner % l 11 vv uliaul n. Le1-31acu, LSCy . 1512ut i.: . sixion, L:Sq . ( ` Attorney for Petitioner Attorney for De en s William B . Smith, Esq. David ollowa , ts Mediator Attorney for Defendants IN WITNESS WHEREOF , the undersigned have approved and executed this Mediated Settlement Agreement on this 15 day of March 2011 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA z y e n BY : •• '� °°°° ob Solari Chairman 46NbCyn4coui5l �a�a BCC Approved : March. 15 , 2011 , j , Approved : ; ;EtORIDA . INDIAN RIVEA;EOUNTY rHIS IS TO CERTIFY THAT THIS IS A"TRUE AND. COKAECT COPY-OF `T14F. ORIGINAL ON FILE INTHIS 1) FFICE ` By -; J! FF EY -K._SA OH, CLERK Jos ep A . Baird sY F '� � ' a D . C . County Administrator ` ' DATE Attest : Jeffrey K . Barton , Clerk of Court By : �at 0--C� Deputy Clerk Approved as to for nd ga`I lufficiency William K . DeBraal Deputy County Attorney IN WITNESS WHEREOF , the undersigned have approved and executed this Mediated Settlement Agreement on this 15 day of March 2011 . BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA z y e n BY : •• '� °°°° ob Solari Chairman 46NbCyn4coui5l �a�a BCC Approved : March. 15 , 2011 , j , Approved : ; ;EtORIDA . INDIAN RIVEA;EOUNTY rHIS IS TO CERTIFY THAT THIS IS A"TRUE AND. COKAECT COPY-OF `T14F. ORIGINAL ON FILE INTHIS 1) FFICE ` By -; J! FF EY -K._SA OH, CLERK Jos ep A . Baird sY F '� � ' a D . C . County Administrator ` ' DATE Attest : Jeffrey K . Barton , Clerk of Court By : �at 0--C� Deputy Clerk Approved as to for nd ga`I lufficiency William K . DeBraal Deputy County Attorney A TRUE COPY 1 CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY , FLORIDA CIRCUIT CIVIL DIVISION INDIAN RIVER COUNTY , FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No . : 20091990 CA05 V . Parcel No . : 122 -Harbourt MATTHEW STANLEY HARBOURT, JR. , et al . Defendants . MEDl<ATED SETTLEMENT AGREEMENT At the Mediation Conference held on February 21 , 20115 the parties reached the following Settlement Agreement : 1 . Petitioner will pay to Defendants, Matthew Stanley Harbourt, Jr. , and Hilda C . Harbourt, the sum of $490, 000 . 00 in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest and all claims related to real estate and business damages, if any, but excluding attorney' s fees, experts ' fees , and costs . Said sum will be subject to claims of apportionment, if any. Petitioner is entitled to a credit in the amount of $297 , 000 . 00, said amount having been previously deposited in the Registry of the Court in this case by Petitioner . Upon the satisfaction of the terms and conditions of this Settlement Agreement and the entry of the Stipulated Final Judgment in this matter, Petitioner will deposit in the Registry of the Court the sum of $ 193 ,000 . 00, representing the difference between the total settlement sum referenced above and Petitioner' s previous deposit referenced above . 2 . In addition to the settlement sum referenced in Paragraph 1 , Petitioner will pay to Defendants ' attorney $ 57 , 792 . 90 in full settlement and satisfaction of all attorney ' s fees and attorney ' s litigation costs incurred by Defendants in this case , including all attorney ' s fees and attorney' s litigation costs related to monetary and non-monetary benefits, and supplemental proceedings , if any. 3 . In addition to the settlement s�zm� referenced u Paragraph I of t1.is Settlement Agreement, Petitioner will pay to Defendants ' expert witnesses $40, 000 . 00 in full settlement and satisfaction of all experts ' fees and costs incurred by Defendants in this case .