HomeMy WebLinkAbout2017-057 MUTUAL GENERAL RELEASE
THIS MUTUAL GENERAL RELEASE is executed on April 18 2017, by and
between Brian K. Jenkins and Patricia L. Mac4 individually and as Co-Personal Representatives of the
Estate of Carlyne I Jenkins, deceased, and as Co-Trustees of the Carlyne I. Jenkins Testamentary Trust,
referred to below as "JENKINS" and Indian River County, Florida, referred to below as "COUNTY".
Disputes and differences have arisen between the parties with respect to the construction by
COUNTY of a street commonly known as the 53`d Street Extension(*the"Project"). JENKINS has filed an
inverse condemnation lawsuit naming COUNTY as Defendant therein contending that COUNTY has
constructed a portion of the Project improvements on certain property owned by JENKINS. COUNTY has
filed an eminent domain lawsuit in order to acquire and perfect title to certain lands owned by JENKINS
necessary for the Project improvements.
The parties have agreed to amicably resolve,settle and compromise all disputes and differences they
have or may have arising out of facts or occurrences existing as of this date,known or unknown,which are
released below.
THEREFORE, in consideration of the mutual covenants contained in this release, and the sum of
$10.00 and other good and valuable consideration, paid to JENKINS by COUNTY, the receipt and
sufficiency of which is acknowledged by JENKINS and JENKINS having conveyed to COUNTY by
statutory deed certain lands in Indian River County, Florida, the receipt and sufficiency of which is
acknowledged by COUNTY,each party(the releasing party)remises,releases,acquits,satisfies and forever
discharges the other party (the released party) and its heirs, personal representatives, successors, assigns,
employees, agents and attorneys of and from all actions, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, attorney's fees, expenses, contracts, controversies,
agreements,promises,variances,damages,judgments,executions,claims and demands in law or in equity,
which the releasing party ever had, now has, or may have or which any personal representative, successor
heir, or assign of the releasing party, subsequently can, shall or may have, against the released party or its
heirs, personal representatives, successors, assigns, employees, agents, or attorneys for, on or by reason of
any matter, cause or thing, related to the Project from the beginning of time to the date of this release
IN WITNESS WHEREOF, the partes have executed this Mutual General Release on the date first
written above.
INDIAN RIVER COUNTY
Patricia L. Mach individually and as Co-Personal
Representative of the Estate of Carlyne 1. Jenkins,
deceased, and as Co-Trustee of the Carlyne I.
Jenkins Testamentary st By.
Brian K. Jenkins, individually and as Co-Personal
Representative of the Estate of Carlyne I. Jenkins,
deceased, and as Co-Trustee of the Carlyne I
Jenkins Testamentary Trust
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
By"
J!
�esche�r, BCC Approved: April 18, 2017
E. escher, Chairman
ATTEST: Jeffrey R. Smith
Clerk of Court and Comptroller
y.: D , u pY C C ererk
Approved as to form and
Legal Sufficiency
William K. DeBraal
Deputy County Attorney