HomeMy WebLinkAbout2014-151A TRUE COPY
CERTIFICATION ON LAST PAGE 13 ,1\
J.R. SMITH, CLERK
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MUTUAL LIMITED RELEASE amp tL
THIS MUTUAL LIMITED RELEASE is made and entered into by Hometown l
America, LLC ("Hometown"), MHC Village Green, LLC ("MHC") and Indian River
County ("the County").
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; and
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
Obligations") for each of the 782 mobile home pads and the 24 common areas for a total
of 806 ERUs in Village Green; and
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; and
WHEREAS, Wilder conveyed the Property to CWS Communities. LP ("CWS"),
an affiliated entity of Hometown; and
WHEREAS, CWS conveyed the Property to MHC and, in connection therewith.
Hometown agreed to assume all liability to pay the Water and Sewer Impact Fee
Obligations; and
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
WHEREAS, the County and Hometown agreed that at least 598 residential ERUs
had been paid; and
WHEREAS, the County contended that payment for 184 residential ERUs and 24
common area ERUs were due and payable; and
WHEREAS. Hometown contended that it was not obligated to pay the additional
184 residential ERUs and 24 common area ERUs (the "Contested ERUs"); and
WHEREAS, the County filed an action for damages against Hometown and MHC,
for payment of the Contested ERUs (the "Lawsuit"); and
WHEREAS, on September 17. 2014, the County and Hometown attended a
mediation at which they resolved the Contested ERUs, which was evidenced by a
Mediated Settlement Agreement. in which they agreed to execute this Mutual Limited
Release.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, and the mutual promises herein, MHC.
Hometown and the County hereby mutually release, acquit, satisfy. and forever discharge
each other, their respective agents, principals, servants. employees, affiliates, successors
in interest, assigns and any subsequent owners of Village Green of and from all manner
of action and actions, cause and causes of actions, suits, specialties. covenants, contracts.
controversies, agreements, promises, variances, trespasses, damages, judgments.
executions, claims, and demands whatsoever, in law or in equity, which any of them ever
had or now has against one another, for. upon, or by reason of any matter, cause, or thing
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
whatsoever from the beginning of the world to the day of these presents arising out of or
relating to 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.
STATE OF
COUNTY OF
Hometown America, L.L.C.
By:
Its:
The foregoing instrument was acknowledged before me this day of
, 2014, by , as
of Hometown America, L.L.C., on behalf of the corporation, (
who is personally known to me or ( ) who has produced
as identification.
sign
print
Notary Public
My commission expires:
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STATE OF
COUNTY OF
COPY
Erii,FICATION ON LAST PAGE
J.R. SMITH, CLERK
MHC Village Green, LLC
By:
Its:
The foregoing instrument was acknowledged before me this day of
, 2014, by , as
of MHC Village Green, LLC, on behalf of the corporation, ( )
who is personally known to me or ( ) who has produced
as identification.
sign
print
Notary Public
My commission expires:
Page 4 of 5
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY•!
DYLAN REINGOLD
COUNTY ATTORNEY
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Indian River County
By:
Its:
BCC approved: 10/7/14
Attest Jeffrey R. Smith, Clerk of
Circuit • j and Comptroll
The foregoing instrument was acknowledged before me this 7 day of
October 2014, by Peter D. OBryan as
Chairman of Indian River County, on behalf of the County, ( x) who is
personally known to me or ( ) who has produced as
identification.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT,
A TRUE AND CORRECT PY
THE ORIGINAL ON FIL•f'
OFFICE.
F',I IT\08 121\Settlement\MutualLtdRel docx
sign
print
Notary Public
My commission expires:
`;."•�Z! LAURA E. VASQUEZ
MY COMMISSION t EE 123140
EXPIRES: August 18, 2015
Bonded Theo Budget Maly Services
14.QF FAV'
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