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DEERFIELD NEWS CONNECTION

December 28, 2023

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Settlement Agreement Approved by Judge

 

On December 27, 2023, the Mediation Settlement Agreement was approved by Judge Boniface. To review the court order and the agreement, follow the link, entitled “Agreed Order Approving Settlement Agreement”.  The agreement begins on page 5 and can be summarized as follows. 

 

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1.   The Plaintiffs and Defendants reached agreement, but it is still subject to approval by the newly elected Board of Directors of the Deerfield Resort Homeowners Association.

 

2.   Defendants agree to convey selected common areas/amenities to Homeowners Association subject to acceptance by the newly elected Board. The swimming pool with provisions for parking, playground, volleyball court, tennis courts, guard station with modified (wider entrance) to enable more lanes for visitor check-in, mailboxes, roads, airstrip, and permissive use authorization for Deer Hill peninsula. 

 

3.   All parties agree to pay unpaid security and maintenance fees for the years 2020, 2021,2022 & 2023 within 30 days of final approval.

 

4.   Defendants agree to pay $160,000 in legal fees to Plaintiffs. 

 

5.   All other financial disputes brought forth by both parties regarding financial transactions and expenditures will be submitted to the newly elected Board for review and determination. Should the Board decline to make any judgement on the financial issues, those issues will revert to mediation. If mediation is unsuccessful, the issue(s) will go before a judicial settlement conference.

 

6.   Mediation costs will be split 50/50 by the Defendants and Plaintiffs.

 

7.   The parties shall keep terms of agreement confidential until approved by the court.

 

8.   Both parties agree to sign a mutual release.

 

9.   Both parties agree the terms in this agreement are binding even if the parties fail to reach agreement on other issues.

 

10. Both parties agree that until the agreement is presented to the court, there shall be a stay of discovery with the exception of 2021, 2022, and 2023 bank statements for Deerfield Resort to be provided by the Defendants. 

 

11. If agreement is approved by the court, Defendants shall pay clerk’s costs.

 

12. Paula and Marc LeJeune agree to limit access to and from their private property north of Deerfield Resort (behind the airstrip) to themselves, successors, assigns, or guest of their single residential property.

 

13. The agreement may be signed in counterparts.