HomeMy WebLinkAbout2022-158IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT,
IN AND FOR INDIAN RIVER COUNTY, FLORIDA
Indian River County, a political
subdivision of the State of Florida,
Petitioner
vs.
Ken Chesnut, et al.,
Respondents.
Case No. 2021 CA 000429
Parcel Nos. 303
MEDIATION SETTLEMENT AGREEMENT
II
At the Mediation Conference held on July 19, 2022, the parties reached the
following Settlement Agreement, subject to the approval by the Indian River County
Commission:
1. Petitioner, Indian River County ("COUNTY") will pay Respondent,
Ken Chesnut ("Chesnut") as follows:
a. Chesnut shall receive the sum of $135,000.00 in full settlement of all claims for
compensation from COUNTY, including statutory interest, and all claims related
to real estate, severance damages, costs to cure, attorney's fees, expert witness
fees, costs and all apportionment interests, if any.
b. In addition to the above stated sum, the County shall supply Chesnut with a 24 -
foot wide stabilized driveway at the same location of the existing eastern
driveway. The County shall narrow the existing western driveway to a maximum
width of 24 feet utilizing the existing materials. Both eastern and western
driveways shall be deemed to be properly permitted, legal and conforming
driveways by Indian River County.
C. The County shall deliver to the Chesnut property, at a location to be determined
by Chesnut, 60 cubic yards of stabilized base and 45 cubic yards of Florida
Department of Transportation specified shell or limerock. Chesnut shall have 270
days to advise the County that he is ready to receive delivery.
2. COUNTY previously deposited in the Registry of the Court its good faith
estimate in the amount of $29,500.00. Within 30 days from the date of receipt by
COUNTY's counsel of a conformed copy of the Stipulated Final Judgment in this matter,
COUNTY shall issue a check to the Chesnut's attorney's trust account the sum of
$105,500.00, representing the difference between the total settlement sum and the
COUNTY's previous deposit.
5. This mediation settlement agreement is subject to the approval by
the Indian River County Board of County Commissioners Commission. All reasonable
efforts shall be made in order to present this settlement agreement to the County
Commission during the month of September 2022.
6. Within fifteen (15) days of approval, Indian River County and Chestnut shall
sign and submit a stipulated final judgement according to the terms set forth herein.
County Public W rks Director
Me- —Z
Deputy C unty Attorney
William P. Dovey, Esquire
Caldwell Pacetti, et al.
Attorneys for COUNTY
Ken Chesnyt,-9�vner
Michaf I R. Mlitt,
Hahn Joeser & P,
Attorne en
Chesnut
IN WITNESS WHEREOF, the Board has executed this Mediation Settlement
Agreement at as of the date approved below.
BOARD OF COUNTY COMMISSIONERS
+
INDIAN RIVER COUNTY FLORIDA--�..0.....'SS/O•�,
Y: n
Peter D. O'Bryan Chairrm '
BCC Approved: August 16, 2022
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
Deputy Clerk
Approved as to form and leal sufficiency
William K. DeBraal
Deputy County Attorney
Approved:
By �
Jasonqv�Countistrator