HomeMy WebLinkAbout2014-150IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT IN AND FOR
INDIAN RIVER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 2012 CA 000376
) T ) >_
INDIAN RIVER COUNTY,
Plaintiff,
v.
HOMETOWN AMERICA, L.L.C., and
MHC VILLAGE GREEN, L.L.C.,
Defendants.
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
0/7/11,0/4
• A-
-:7,0 _li_d
MEDIATED SETTLEMENT AGREEMENT
This Mediated Settlement Agreement is being entered into on the date set forth
below between Plaintiff, Indian River County (the "County"), and Defendant, Hometown
America, L.L.C. ("Hometown").
PREAMBLE
WHEREAS, Wilder Corporation ("Wilder") owned a parcel of real property located
in Indian River County, Florida (the "Property"), on which it operated a mobile home park
known as Village Green;
WHEREAS, as a water and wastewater customer of the County utility system,
Wilder was obligated to pay impact fees of one Equivalent Residential Unit ("ERU") for
water and one ERU for sewer (collectively, the "Water and Sewer Impact Fee
Page 1 of 5
f.
riuE COPY
LB I IFICATION ON LAST PAGE
SMITH, CLERK
Obligations") for each of the 782 mobile home pads and the 24 common areas for a total
of 806 ERUs in Village Green;
WHEREAS, the County and Wilder entered into an agreement (the "Impact Fee
Agreement") which set up a plan, in which payment of the Water and Sewer Impact Fee
Obligations for a mobile home pad was to be made at the time of sale or resale of a unit
within Village Green;
WHEREAS, Wilder conveyed the Property to CWS Communities, LP ("CWS"), an
affiliated entity of Hometown;
WHEREAS, CWS conveyed the Property to MHC Village Green, LLC ("MHC")
and, in connection therewith, Hometown agreed to assume all liability to pay the Water
and Sewer Impact Fee Obligations;
WHEREAS, the County and Hometown agreed that at least 598 residential ERUs
had been paid;
WHEREAS, the County contended that payment for 184 residential ERUs and 24
common area ERUs were due and payable;
WHEREAS, Hometown contended that it was not obligated to pay the additional
184 residential ERUs and 24 common area ERUs (the "Contested ERUs");
WHEREAS, the County filed an action for damages against Hometown and MHC,
for payment of the Contested ERUs (the "Lawsuit");
WHEREAS, on September 17, 2014, the County and Hometown attended a
mediation at which they agreed, subject to the County Commission's approval, to resolve
the Contested ERUs on the terms set forth herein.
Page 2 of 5
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
AGREEMENT
1. The matters in the Preamble are incorporated herein by reference.
2. Hometown agrees to pay the County $400,000.00 to resolve the Contested
ERUs (the "Settlement Payment").
3. In consideration of the Settlement Payment, the County will dismiss the
Lawsuit with prejudice and execute a limited release, releasing Hometown, MHC their
successors, affiliates assigns and any subsequent owner from liability for the Water and
Sewer Impact Fee Obligations for all 806 ERUs in Village Green, which includes the
Contested ERUs, of which 782 are residential ERUs and 24 are common area ERUs.
4. Upon payment of the Settlement Payment, the Impact Fee Agreement is null
and void and of no further force and effect.
5. Accordingly, in the event MHC its successors, affiliates assigns or any
subsequent owner requests additional ERUs to be installed at Village Green, it will pay the
then existing rate required by the County Code of Ordinances.
6. Nothing contained in this Mediated Settlement Agreement shall be deemed
or construed as an admission of wrongdoing or liability on the part of any party to this
Mediated Settlement Agreement, which is entered into to resolve disputed claims.
7. No waiver, modification, extension or addition to this Mediated Settlement
Agreement shall be valid unless in writing and signed by every party hereto.
Page 3 of 5
"i RUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
8. The construction and effect of this Mediated Settlement Agreement shall be
governed by the laws of the State of Florida.
9. Venue for any litigation regarding this Mediated Settlement Agreement
shall be exclusively in Indian River County. Florida.
10. The prevailing party shall be entitled to its attorney fees in any litigation
regarding this Mediated Settlement Agreement.
Attest: Jeffrey R. Smith, Clerk el
Circuit Court and Oomph''
_; '1
•
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Indian River County
By:
Peter D. O'Bryan
Its: Chairman
oa•�`t �OAtM�Sso
BCC approved: October 7, 2014
THE FOREGOING INSTRUMENT was acknowledged before me this 8 day
of October , 2014, by Peter D. O'Bryan, Chairman of the Board of County
Commissioners of Indian River County, a political subdivision of the State of Florida.
who acknowledged to and before me that he executed the same as the act and deed of
said county. He is personally known to me.
APP\,fir FORM
AND t:;IENC
BY
D(LA.,
CCUCN 1 1 ATTORNEY
sign
prim
\Ai5
Notary Public
My commission expires:
Page 4 of 5
00111101101W
,,olyL.pw?
..
• .,SFS
ti
t9;vri.. s
45456
I l 18 4#0,1k /C ..............
.i ii O `
Hometown America, L.L.C.
By: 094, (4 -
Its: 1
STATEOF
COUNTY OF COOr-
THE FOREGOING INSTRUMENT was acknowledged before me this 3041Zay of
, 2014, by R +n C C. Z.t 'is , as
Aq4I0&j- ft € z C of Hometown America, L.L.C., on behalf of the
corporation, / x T who is personally known to me or // whe—h , plod -aced -
as identification.
FAIT 08.1211.Settlement\SeUlementAgmt.docx
STATE OF FLORIDA
INDIAN RIVER COU
TY
THIS IS TO CERT THAT
A TRUE AND CZ. RECD
THE OR = IN
OFFIC,
„en• vYvhw.04_)Dedifpc-
m M rceJ a 60cloy
Notary Public
My commission expires: i l 14.20 in
OFFICIAL SEAL
MARCELA GODOY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 04/11/2017
• •o.•UWT---;,,.•
Page 5 of 5