HomeMy WebLinkAbout2011-091 �/ I i A TRUE COFY
t 3 CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
IN THE CIRCUIT COURT OF THE NINETEENTUDICIAL CIRCUIT
H J
1N AND FOR INDIAN RIVER COUNTY , FLORIDA
CIRCUIT CIVIL DIVISION f
INDIAN RIVER COUNTY , FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No . : 2009-CA-010963
V . Parcel Nos . : 109 (Stanbridge)
CHARLENE B . BROWN, et al .
Defendants .
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on March 9 , 2011 , the parties reached the
following Settlement Agreement :
1 . Petitioner will pay to Defendants , William H . Stanbridge and Ruth M .
Stanbridge, the sum of $ 335 ,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 $ 68 , 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 $267 , 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 $ 84,200 . 00 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
an amount to be determined by negotiation or hearing.
4 . This Settlement Agreement is subject to and conditioned upon final
H e nut L; urY
CERTIFICATION ON LAST PAGE
J . K . BARTON , CLERK
approval by the Indian River County Board of County Commissioners on or before April
30, 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 , Parcels 109 and 110 retain their separate status and each remainder parcel
shall retain the ability to sustain separate new single family residences .
7 . Defendants are granted extended occupancy on the same terms and
conditions as the Order of Taking entered as to Parcel 109 .
8 . Construction plans showing separate driveways to Parcels 109 and 110
shall be attached to the Stipulated Final Judgment. Petitioner shall construct the
driveways in substantial conformance with the construction plans .
9 . Defendants may move any structure or plant located in the part taken.
Defendants shall abide by all state and local regulations concerning moving of the
structures .
This Settlement Agreement, dated March 9, 2011 , contains all of the agreements of the
parties .
d �
Christopher R. Mora on behalf of Defendant, William H. Stanb ' ge
Pet ' ,
6 .0
thony V . Policastro , Es Defendant , Ruth M. yesgianbridge
Mo , y for P itio
William K. DeBr 1, Esq. Davi . HoVc , ray, Esq.
Attorney for Petitioner Attorney for gefendants
William B . Smith, Esq . Brent . Simon,
Mediator Atto ey for D ndants
s
IN WITNESS WHEREOF , the undersigned have approved and executed this
Mediated Settlement Agreement on this 12 day of April 2011 .
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY , FLORIDA a°aaP IN
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Bob Solari , Chairman
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April i 1 12 , 2 011 &PPgo
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Approved :
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Jose )h A . Baird
County Administrator
Attest : Jeffrey K . Barton , Clerk of Court
By :
Deputy Clerk
STATE OF FLORIDA '
Approved as to form and legal sufficiency INDIANRIVEMCAU1" TY ' ;
THISISTgCiATfFNoo ATTHISIS
ATRUEAI4DOFLRE TCOPYOF • ` ,. �`
THE ORIGt iAF1L,E IN THIS' .
� ;b ' . w. o'L✓ fy�' OFFICE
y , JEF RE
K. O_ N , CLERK
'William K . DeBraal' B _. D . C .
Deputy County Attorney ti I �
DATE