Post by Admin on Apr 6, 2015 17:17:20 GMT -5
Sorry I'm a little behind getting this posted. This the full agreement for Lawsuits 1 & 2:
IN THE CIRCUIT COURT OF THE 10TH CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
CASE NO. 2014-CA-001257
SUSAN Tg
VS.
S-bag LAKE OWNERS ASSOCIATION, INC.
Defendant.
IN THE CIRCUIT COURT OF THE 10TH CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO. 2014CA-2608
S-bag LAKE OWNERS ASSOCIATION, INC.,
V.
VIRGINIA Astn, et al.,
Defendants/Counter-Plaintiffs,
V.
S-bag LAKE OWNERS ASSOCIATION, INC.
MEDIATION SETTLEMENT AGREEMENT
The parties to these matters, specifically Susan Tg, Virginia Astn, Lra Tmyk, and S-bag Lake Owners Association, Inc. have reached an agreement to resolve the issues and matters set forth in these lawsuits as follows:
S-bag Lake Owners Association, Inc. v. Virginia Astn and Lra Tmyk / Virginia Astn and Lra Tmyk v. S-bag Lake Owners Association, Inc.:
- Virginia Astn and Lra Tmyk may keep the current front porch on their property. They may also have a landing no larger than 8 x 5 feet( (away from the home) and it can be roofed w/ a 6 foot overhang with patio bricks laid on top of the ground. These are allowed as a compromise to resolve the instant suit and does not constitute a waiver as to any other lot(s).
- Board member J. Rite agrees to withdraw and/or not pursue her request for injunction against Virginia Astn as referenced in case no. 2015DR-001411-0000-00 and will not pursue criminal charges against Virginia Astn.
- Virginia Astn and Lra Tmyk sH all receive $1,240 to reimburse them for monies paid in attorneys' fees (to an attorney other than Frd O'N eel (Attny)).
- Virginia Astn, Lra Tmyk, and Frd O'N eel (Attny), Esq. agree that any and all other claims for attorneys' fees and costs at all related to the instant suit (including the claims against Astn/Tmyk and the counterclaims filed by Astn/Tmyk) are satisfied by payment of the attorneys' fees and costs identified in the Tg v. S-bag settlement terms identified below.
- Virginia Astn and Lra Tmyk agree to support, and not cH allenge, S-bag's covenant revitalization to be done consistent with the terms of the Tg v. S-bag settlement identified below.
- S-bag Lake Owners Association, Inc. agrees to dismiss its lawsuit against Virginia Astn and Lra Tmyk and Virginia Astn and Lra Tmyk agree to dismiss their instant lawsuit/counterclaims against S-bag Lake Owners Association, Inc., all with prejudice, immediately upon payment to Virginia Astn and Lra Tmyk of the $1,240 referenced herein and the $45,000 referenced below in the Tg v. S-bag settlement terms.
Susan Tg v. S-bag Lake Owners Association, Inc.
- Susan Tg agrees that all issues in her lawsuit are now moot and sH all not be litigated except for whether S-bag's 1986 and 1989 amended covenants and declarations are valid amendments to be included as part of Revitalization.
- S-bag agrees to cease its current Revitalization procedure and not submit its current "consents" to DEO.
- To determine whether S-bag's 1986 and 1989 amended covenants and declarations are valid amendments to be included as part of Revitalization, Tg and S-bag agree to submit this singular issue for determination by the Court via competing cross-motions for summary judgment. Each side sH all file its initial motion/memo within 21 days and then each side sH all have 14 days thereafter to respond to the motion. A hearing on the issue sH all be set as expeditiously as possible. The trial court's ruling is final and sH all not be appealed by any party. The Order sH all be recorded in the official records of Polk County, Florida.
- After receiving the trial court's Order, Revitalization sH all then commence as prescribed by the Florida Statutes and DEO. If the court determines the 1986 and 1989 amendments to be valid, then S-bag sH all include these amendments as part of its Revitalization package/documents to be revived (in addition to applicable original declarations). If the court determines the 1986 and 1989 amendments to be invalid, then S-bag sH all not include these amendments as part of its Revitalization/documents to be revived d liall only include the applicable original declarations).
- S-bag further agrees to ensure that it utilizes separate consent forms individualized to Units 1, 2, and 3. Susan Tg agrees to support, and not cH allenge, S-bag's covenant revitalization to be done consistent with the terms set forth herein.
- Susan Tg and Frd O'N eel (Attny), Esq. agree to accept $45,000 to settle their claims for attorneys' fees and costs in the instant suit regardless of the outcome on the competing cross-motions for summary judgment. If Tg/O'N eel (Attny) are successful and the 1986 and 1989 amendments are deemed invalid, then Tg/O'N eel (Attny) sH all receive an additional $10,000 in attorneys' fees/costs. If S-bag is successful and the 1986 and 1989 amendments are deemed valid, then Tg/O'N eel (Attny) are due no additional compensation for attorneys' fees and costs.
- After the Order referenced above is entered by the trial court, Tg sH all dismiss this lawsuit with prejudice and sH all not cH allenge the Revitalization to be done by S-bag consistent with the terms identified herein.
- Susan Tg, Virginia Astn, and Lra Tmyk and the members of the S-bag Lake Owners Association Board of Directors have agreed to the statement attached hereto as Exhibit A to advise the membership regarding this settlement, which statement will be posted on the Association's website within 24 hours after this agreement has been fully executed.
The parties' counsel will draft a more thorough agreement that includes the above terms and includes a release of all claims to be signed by Tg, Astn and Tmyk relative to the matters at issue in the lawsuits identified herein.
The undersigned parties have the authority to enter into this agreement on behalf of themselves and/or the corporation they represent.
The Circuit Court sH all retain jurisdiction to enforce the terms of this agreement and the supplemental agreement/release referenced herein.
Signed by Brnd, Suthrd, Tg, Astn, Tmyk, Rooff (Mediator)
Mediation_Agreement.pdf (556.24 KB)
IN THE CIRCUIT COURT OF THE 10TH CIRCUIT
IN AND FOR POLK COUNTY, FLORIDA
CASE NO. 2014-CA-001257
SUSAN Tg
VS.
S-bag LAKE OWNERS ASSOCIATION, INC.
Defendant.
IN THE CIRCUIT COURT OF THE 10TH CIRCUIT IN AND FOR POLK COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO. 2014CA-2608
S-bag LAKE OWNERS ASSOCIATION, INC.,
V.
VIRGINIA Astn, et al.,
Defendants/Counter-Plaintiffs,
V.
S-bag LAKE OWNERS ASSOCIATION, INC.
MEDIATION SETTLEMENT AGREEMENT
The parties to these matters, specifically Susan Tg, Virginia Astn, Lra Tmyk, and S-bag Lake Owners Association, Inc. have reached an agreement to resolve the issues and matters set forth in these lawsuits as follows:
S-bag Lake Owners Association, Inc. v. Virginia Astn and Lra Tmyk / Virginia Astn and Lra Tmyk v. S-bag Lake Owners Association, Inc.:
- Virginia Astn and Lra Tmyk may keep the current front porch on their property. They may also have a landing no larger than 8 x 5 feet( (away from the home) and it can be roofed w/ a 6 foot overhang with patio bricks laid on top of the ground. These are allowed as a compromise to resolve the instant suit and does not constitute a waiver as to any other lot(s).
- Board member J. Rite agrees to withdraw and/or not pursue her request for injunction against Virginia Astn as referenced in case no. 2015DR-001411-0000-00 and will not pursue criminal charges against Virginia Astn.
- Virginia Astn and Lra Tmyk sH all receive $1,240 to reimburse them for monies paid in attorneys' fees (to an attorney other than Frd O'N eel (Attny)).
- Virginia Astn, Lra Tmyk, and Frd O'N eel (Attny), Esq. agree that any and all other claims for attorneys' fees and costs at all related to the instant suit (including the claims against Astn/Tmyk and the counterclaims filed by Astn/Tmyk) are satisfied by payment of the attorneys' fees and costs identified in the Tg v. S-bag settlement terms identified below.
- Virginia Astn and Lra Tmyk agree to support, and not cH allenge, S-bag's covenant revitalization to be done consistent with the terms of the Tg v. S-bag settlement identified below.
- S-bag Lake Owners Association, Inc. agrees to dismiss its lawsuit against Virginia Astn and Lra Tmyk and Virginia Astn and Lra Tmyk agree to dismiss their instant lawsuit/counterclaims against S-bag Lake Owners Association, Inc., all with prejudice, immediately upon payment to Virginia Astn and Lra Tmyk of the $1,240 referenced herein and the $45,000 referenced below in the Tg v. S-bag settlement terms.
Susan Tg v. S-bag Lake Owners Association, Inc.
- Susan Tg agrees that all issues in her lawsuit are now moot and sH all not be litigated except for whether S-bag's 1986 and 1989 amended covenants and declarations are valid amendments to be included as part of Revitalization.
- S-bag agrees to cease its current Revitalization procedure and not submit its current "consents" to DEO.
- To determine whether S-bag's 1986 and 1989 amended covenants and declarations are valid amendments to be included as part of Revitalization, Tg and S-bag agree to submit this singular issue for determination by the Court via competing cross-motions for summary judgment. Each side sH all file its initial motion/memo within 21 days and then each side sH all have 14 days thereafter to respond to the motion. A hearing on the issue sH all be set as expeditiously as possible. The trial court's ruling is final and sH all not be appealed by any party. The Order sH all be recorded in the official records of Polk County, Florida.
- After receiving the trial court's Order, Revitalization sH all then commence as prescribed by the Florida Statutes and DEO. If the court determines the 1986 and 1989 amendments to be valid, then S-bag sH all include these amendments as part of its Revitalization package/documents to be revived (in addition to applicable original declarations). If the court determines the 1986 and 1989 amendments to be invalid, then S-bag sH all not include these amendments as part of its Revitalization/documents to be revived d liall only include the applicable original declarations).
- S-bag further agrees to ensure that it utilizes separate consent forms individualized to Units 1, 2, and 3. Susan Tg agrees to support, and not cH allenge, S-bag's covenant revitalization to be done consistent with the terms set forth herein.
- Susan Tg and Frd O'N eel (Attny), Esq. agree to accept $45,000 to settle their claims for attorneys' fees and costs in the instant suit regardless of the outcome on the competing cross-motions for summary judgment. If Tg/O'N eel (Attny) are successful and the 1986 and 1989 amendments are deemed invalid, then Tg/O'N eel (Attny) sH all receive an additional $10,000 in attorneys' fees/costs. If S-bag is successful and the 1986 and 1989 amendments are deemed valid, then Tg/O'N eel (Attny) are due no additional compensation for attorneys' fees and costs.
- After the Order referenced above is entered by the trial court, Tg sH all dismiss this lawsuit with prejudice and sH all not cH allenge the Revitalization to be done by S-bag consistent with the terms identified herein.
- Susan Tg, Virginia Astn, and Lra Tmyk and the members of the S-bag Lake Owners Association Board of Directors have agreed to the statement attached hereto as Exhibit A to advise the membership regarding this settlement, which statement will be posted on the Association's website within 24 hours after this agreement has been fully executed.
The parties' counsel will draft a more thorough agreement that includes the above terms and includes a release of all claims to be signed by Tg, Astn and Tmyk relative to the matters at issue in the lawsuits identified herein.
The undersigned parties have the authority to enter into this agreement on behalf of themselves and/or the corporation they represent.
The Circuit Court sH all retain jurisdiction to enforce the terms of this agreement and the supplemental agreement/release referenced herein.
Signed by Brnd, Suthrd, Tg, Astn, Tmyk, Rooff (Mediator)
Mediation_Agreement.pdf (556.24 KB)