HomeMy WebLinkAbout2011-100 k4loll
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AGREEMENT C 011 - 106
THIS AGREEMENT is entered into as of this 19 day of April , 2011 , by and between
Indian River County, a political subdivision of the State of Florida ("County") and Vista Golf,
LLC , a Florida limited liability company ("Vista") .
WHEREAS , Vista is the owner of certain properties formerly known as the Vista Royale
Golf Course and the Vista Gardens Golf Course , which properties are more fully described on
the Certificate of Title issued by the Clerk of Court in Marine Bank & Trust Company v. Vista
Meadows, LLC, et al. , Indian River County Circuit Court, Case #2006 - 0598 - CA- 09 , which
Certificate of Title is incorporated herein ("Vista Property") ; and
WHEREAS , between 2009 and the present, Vista' s maintenance of certain portions of
the Vista Property resulted in various actions by the Indian River County Code Enforcement
Board ("CEB ") and Board of County Commissioners ("Board") , as follows : (a) an "Order
Imposing Fine & Determining Public Nuisance Warranting County Abatement, dated September
9 , 2009 , and an "Order Acknowledging Compliance and Setting Accrued Fine" in the amount of
$ 5 , 700 (collectively "Violation Order") , (b) orders by the CEB or the Board directing that
portions of the Vista Property be mowed on seven separate occasions and assessing costs relating
to such mowings in the total amount of $ 7 , 920 (collectively "Mowing Orders") , and (c) an
" Order Imposing Fine for Repeat Violation, " dated April 5 , 2011 ( "Repeat Violation Order") , all
of which orders have been or are in the process of being recorded as liens on all or a portion of
the Vista Property; and
WHEREAS , the parties desire to reach a settlement with respect to the various orders
and liens , set forth above .
NOW THERFORE , in consideration of the mutual undertakings set forth herein and
other good and valuable consideration , the parties hereby agree , as follows :
1 . Recitals. The above recitals are true and correct and are incorporated herein .
2e Settlement. The parties hereby settle the orders and liens set forth above , as
follows :
a . Violation Order and Mowing Orders . Within two (2) days from the
effective date of this agreement, Vista shall pay to the County the sum of $ 13 , 620 . 00 in
payment in full of the Violation Order and the Mowing Orders . Upon receipt and
clearance of this amount, the County shall satisfy and release the Violation Order and the
Mowing Orders and any liens relating thereto ;
be Maintenance of Vista Properties . Vista shall maintain the Vista
Properties in compliance with all provisions of the Indian River County Code , including ,
without limitation , chapter 403 (Property Maintenance) and chapter 973 (Public
Nuisance) (collectively "Code") ; and
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ce Repeat Violation Order. If Vista makes payment as required by
subsection a above and maintains the Vista Properties in compliance with all provisions
of the Code for a period of nine months from the effective date of this agreement, the
County will satisfy and release the Repeat Violation Order and any liens relating thereto .
Provided Vista remains in compliance with the prior sentence , the County will take no
action to enforce the Repeat Violation Order, although the County shall be permitted to
complete the recording of the Repeat Violation Order on the public records of Indian
River County, if such order has not been recorded as of the effective date of this
agreement. If Vista fails to comply with the first sentence of this subsection, the County
shall not be required to satisfy and release the Repeat Violation Order and shall be
permitted to take any enforcement action authorized by law.
3 . Effective Date. This agreement shall be effective upon approval by the Board
and execution by all parties .
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
date first written above .
ATTEST : Jeffrey K . Barton , BOARD OF COUNTY COMMISSIONERS,
Clerk of Courts INDIAN RIVER COUNTY ("County")
By : k, ",� By : aztw�, fowe ��
Deputy Clerk ••,f��� � � . . . , �, s°•.,� Bob Solari , Chairman
J . •w,y a
�':• •w"; Approved by BCC April 19
• 2010 .
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+ Approved as to form and a al sufficiency :
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Alan S . Polackwieh, Sr. , County Attorney
Approved :
Jp ep acrd, County A ministrator
STA GOLF, LLC , a Florida limited liability
company
By : V��/
Charles . Sullivan, Jr. , Manager Member
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