HomeMy WebLinkAbout2011-052CIRCUIT
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICI WTRUE COPY
CERTIFICATION ON LAST PAGE
IN AND FOR INDIAN RIVER COUNTY, FLORIDA J.K. BARTON, CLERK
CIRCUIT CIVIL DIVISION
INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
2009 -CA -012783
V.
Case No.: 31
Parcel No.: 108 -Ryan
JOHN F. MAROTTO, et al.
Defendants.
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on February 8, 2011, the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Defendants, Stephen R. Ryan and Shelly A.
Ryan, the sum of $202,500.00 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 $84,300.00, 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 $118,200.00,
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 $35,592.15 in full settlement and satisfaction
of all attorney's fees and attorney's litigation costs incurred by Defendants in this case.
3. In addition to the settlement sum referenced in Paragraph 1 of this
Settlement Agreement, Petitioner will pay to Defendants' expert witnesses
$30,175.00 in full settlement and satisfaction of all experts' fees and costs incurred by
Defendants in this case.
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 15, 2011. A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
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. Petitioner, Indian River County's staff will recommend approval of this
Agreement to the Indian River County Board of County Commissioners.
7. Defendants' five brick columns will remain in their present location
and will not be removed or relocated during the construction of the four -lane design of
the subject road project. This condition will run with the land. This condition may be
terminated by Petitioner in the event of future widening of the road to six lanes.
8. At the time of the road construction Petitioner's contractor will install
at Petitioner's expense an opaque landscape buffer within the first seventeen feet of right
of way closest to Defendants' property line. This condition will run with the land. This
condition may be terminated by Petitioner in the event of future widening of the road to
six lanes.
9. Petitioner's contractor will construct two twenty-four foot wide
driveway connections to Defendants' remaining property at the locations of the existing
driveways.
This Settlement Agreement, dated February 8, 2011, contains all of the agreements of the
Christopher R. M
William K. DeBraal, Esq.
Attorney for Petition
William B. Smith, Esq.
Mediator
on behalf of
Defendant, Shelly
Attorney for Defendants
IN WITNESS WHEREOF the County has caused these presents to be executed
in their names, the day and year first above written.
Attest: Jeffrey K
Clerk of Court
Barton, BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Deputy Clerk
Approved:
By:
A. Baird
County Administrator
BY: 2 � (7-� %
Bob Solari, Chairman
BCC Approved
March 1, 2011°
Approved as to form and
By:
William. K. DeBraal
Deputy County Attorney
:TATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THLRliALONFILEIN HIS
OF
REY K. BAR N LE < D.C.
DATE I I
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