HomeMy WebLinkAbout2008-237IN RE:
Indian River County (the "County")
and
Woodrow Dawsey (the "Property Owner")
At a Mediation Conference held on June 9, 2008, the parties reached the following
Settlement Agreement:
7-i5-Ja
13.c.(
4.Dow _ 37
1, The County will pay to the Property Owner, Woodrow Dawsey, the sum of
$465,000.00 in full settlement of all claims for compensation from Petitioner whatsoever, but
excluding attorney's and experts' fees and costs. Said sum will be subject to claims for
apportionment, if any.
2. Counsel for the County and the Property Owner will jointly submit to the Court a
mutually approved Stipulated Order of Taking and Stipulated Final Judgment in this matter as
soon as practical hereafter, but not prior to the satisfaction of all conditions contained herein,
including final approval by the Board of County Commissioners of Indian River County.
3. The County will deposit into the Court Registry $495,412.50, which amount
includes $465,000.00 in full compensation to the property owner for the entire three acres of
property and improvements taken in this case, and $30,412.50 for all fees and costs in this case,
as itemized in Paragraph 4 of this Agreement, within twenty (20) days of the actual date of
receipt by the County's counsel of a conformed copy of the aforesaid Stipulated Order of Taking
and Final Judgment from the Court.
4, The County will pay $ 24,412.50 in full payment and settlement of all of the
Property Owner's attorney's fees and costs and will pay $6,000.00 in full payment and
settlement of all of the Property Owner's experts' fees and costs in this matter.
Oz G "JAL SIGN Z 1t,
5. Property Owner shall be entitled to an extended possession of the property until
January 31, 2010. The monthly rental rate shall be $1.00 per month. Property Owner shall
include the County as an additional insured on the property liability insurance policy during the
period of extended possession. $5,000.00 shall remain in the Court Registry until the Property
Owner vacates the premises. Property owner further agrees to comply with all of the terms and
conditions of the County's standard lease agreement during the period of extended possession.
6. This Agreement is subject to and conditioned upon review and approval by
the Board of County Commissioners of Indian River County. Said review shall occur not later
than August 1, 2008,
7, This Agreement, dated June 9, 2008, contains all of the agreements of
the parties.
MroffCel Zito, Esq.
on behalf of Indian Ri
Attorney for Indian River County
Anthony Policastro, Esq.
Mediator
William B. Smith, Esq.
Property Owner, Woodrow Dawsey
David Holloway, Esq.
V
IN WITNESS WHEREOF the Board has approved this agreement and caused
these presents to be executed this 15th day of July 2008,
BOARD OI= t( t R0T.)
INDIAN _RC
RIVER. dFJI
BY:. -
COMMISSIONERS
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, Fj.ORIDA
ra Bowd�eb Chairman
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BCC AKTved' JuTy, 1:51 2008
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Byv�
oseph A. Baird
ounty Administrator
Attest: Jeffrev K. Barton. Clerk of Court
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Approved as to form and legal
William K. DeBraal
Deputy County Attorney
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