HomeMy WebLinkAbout2023-005 AMENDMENT TO MEDIATED SETTLEMENT AGREEMENT
THIS AMENDMENT is entered into as of the 17 day of January, 2023, by and
between Indian River County, a political subdivision of the State of Florida, whose
address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Stephen and
Shelly Ryan, whose address is 6775 66th Avenue, Vero Beach, FL 32966 ("Ryans").
WHEREAS, Indian River County and Stephen and Shelly Ryan were parties
in an eminent domain lawsuit, Case No. 2009 CA 012783 in the Circuit Court of the
Nineteenth Judicial Circuit in Indian River County, Florida; and
WHEREAS, the parties entered into a Mediated Settlement Agreement
(Agreement) which settled all aspects of the lawsuit; and
WHEREAS, as a part of the Agreement, the County was required to:
"8. At the time of the road construction Petitioner's contractor will install at
Petitioner's expense an opaque landscape buffer within the first seventeen feet
of right of way closest to Defendants' property line. This condition shall run with
the land. This condition may only be terminated by Petitioner in the event of
future widening of the road to six lanes."
WHEREAS, the Ryans no longer desire to have the opaque landscape buffer
planted near their property.
NOW THEREFORE, in consideration of the mutual undertakings herein, and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. In exchange for payment of the sum of TEN THOUSAND DOLLARS
($10,000.00) paid to the Ryans by the County, the County is relieved of the
requirement of installing the opaque landscape buffer adjacent to the Ryan
property as required by paragraph 8 of that Mediated Settlement Agreement
dated February 8, 2011, in the above cited lawsuit.
3. The Ryans do hereby release that this condition shall run with the land, and
further release that this condition may only be terminated by Petitioner in the
event of future widening of the road to six lanes.
4. Each party shall pay its own attorney's fees and costs associated with this
Amendment.
5. All other terms of the Mediated Settlement Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of
the date set forth above.
STEPEN R. RYAN BOARD OF COUNTY COMMISSIONER �����ss...... .,
INDIAN RIVER COUNTY, FLORIDA ':: /
BY: BY: 4.• - 614.4.4_,-..... 14, 1- :z_:: :
Ste en R. Rya Joseph H. a an, Chairman ; �l
BY:'I • / "' 00 u
-(43BCC Approved: January 17, 2023
Shelly ,'yan 17/0/z 3
1
WITNESS- , ,&
(print witness -me): ' / •
� 1
WITNESS' . / r _/r//
(print witness name): ; D_ _ r_
Approved:
/i -KI
By //�
ichael C. Zito
Interim County Administrator
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By: Ikki.A-4-41-71/1-4-ZI-2
Deputy Clerk
Approve as to f m a • legal su iency
1, .l,
William K. DeBraal
Deputy County Attorney