Sarasota News Leader

03/22/2013

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Sarasota News Leader March 22, 2013 Page 84 Siesta Seen Bentley said the square footage, along Avenida Messina ��� adjacent to Brown���s restaurant, The Hub Baja Grill ��� ended up being about twice what county staff had estimated. Because the parcel in question is bound on all four sides by county property, the county, by law, cannot just deed it over to Brown. That meant the county would have to deed over about 8 extra square feet, Bentley said. When Barbetta referenced a section of the memo saying Brown had paid for a survey of the property that is the crux of the settlement delay, DeMarsh said, ���The plaintiff had a different understanding of the ��� amount of square footage involved.��� ���But Mr. Pearce drew this [settlement up], and no square footage was mentioned in [the memo],��� Barbetta said, referring to Assistant ���There are real property issues that require County Attorney David M. Pearce, who has specificity and accurateness on descriptions,��� represented the county in the lawsuit. ���That���s DeMarsh explained to Barbetta on March 19. my problem, Steve.��� ���So we���re going to incur more expenses,��� Bar���It���s clear that I am not going to satisfy your betta retorted. concerns on this,��� DeMarsh responded. ���No, I don���t think we will,��� DeMarsh said. ���[The memo] doesn���t say any minimum square Then Barbetta complained that Commissioner footage or maximum square footage,��� BarbetNora Patterson had discussed Brown���s law- ta pointed out. suit during the March 7 Siesta Key Association ���The parties were looking at documents that meeting, ���and we���re being told we can���t talk had estimated square footage on them��� during about it publicly.��� the settlement mediation, DeMarsh replied. ���You certainly can,��� DeMarsh told him. ���I ���Then Mr. Pearce should have put that in the can���t.��� settlement agreement,��� Barbetta said. ���This has just been a protracted process,��� Barbetta said. ���I���m worried about credibility as a ���I would agree with that,��� DeMarsh said, recounty, as attorneys, as the mediator involved iterating, ���We are very, very close to having ��� Why does everybody sign off [on the agree- this resolved in a manner we can bring back ment] and say, ���Oh, by the way: We made a to you with a recommendation.��� mistake���?��� ���I���d like also to see an itemization of what we ���Maybe the parties had a different understand- have spent to date on this case,��� Barbetta also ing of the facts, and that���s what I���ve tried to told DeMarsh, noting that Brown at one point had offered to settle the case for $315,000. tell you,��� DeMarsh responded.

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