HomeMy WebLinkAbout2015-161GLOBAL SETTLEMENT AGREEMENT BETWEEN
INDIAN RIVER COUNTY AND TOM AND LINDA WINKEL
THIS GLOBAL SETTLEMENT,AG EEMENT BETWEEN ("Settlement") is made
and entered into this 3 day of ktk K-2015 by and between Indian River
County, a political subdivision of the State of Florida ("County") whose address is 1801
27th Street, Vero Beach, FL 32960 and Tom and Linda Winkel ("Seller"), whose address
6050 66th Avenue, Vero Beach, FL 32967, who agree as follows:
WHEREAS, the County and Seller entered into an Agreement for the Purchase
and Sale of Real Estate (Agreement) on May 4, 2010; and
WHEREAS, the County and Seller entered into a Fist Amendment for Purchase
and Sale of Real Estate (Amendment) on August 19, 2014; and
WHEREAS, in the Agreement, the County was obligated to perform certain
duties on and around the Seller's property which were changed in part by the
Amendment; and
WHEREAS, on January 6, 2015, at a regularly scheduled meeting of the Board
of County Commissioners, the Sellers appeared and addressed the Board concerning
new and additional issues affecting their property that Sellers' claimed were caused by
the County's 66th Avenue Improvement Project ("Project"); and
WHEREAS, the Sellers claimed damage to their septic system, yard, driveway,
fencing and yard drainage as a result of the Project and sought additional compensation
for the damages; and
WHEREAS, County staff refuted Seller's claims for damages; and
NOW THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants and premises hereinafter, County and Seller agree as follows:
1. The above recitals are affirmed as being true and correct and are
incorporated herein.
2. The County shall pay to the Sellers the sum of ten thousand dollars
($10,000.00) in full and final settlement of all claims for damages of any kind
claimed by the Sellers as a result of the 66th Avenue Improvement Project
from now until the end of time.
3. The County completed those duties listed in the May 4, 2010 Agreement as
amended by the August 19, 2014 Amendment.
IN WITNESS WHEREOF, the parties hereto have approved and executed this
This Global Settlement Agreement to become effective as of the day and year first
above written.
"COUNTY"
BOARD OF COUNTY COMMISSIONS
INDIAN RIVER COUNTY, FLORIDA)
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BY:
"SELLERS"
Wesley S. Davis, Chairmanr_
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Date BCC Approved: September 15, 2015 !�
Linda Winkel
Attest: Jeffrey R. Smith, Clerk of Court
and Comptrolle
By:
eputy-CTer
Approved:
By:
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Jose A. Baird
County Administrator
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Approved as to form and lega
s
William K. DeBraal,
Deputy County Attorney