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HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to Execute the Amended Settlement Between Foxfire Apartment Associates and Cross Creek Homeowners Association, Inc. and the City of Ocoee Agenda 11-20-2001 Item III B FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul F. Rosenthal, Esq., City Attorney �� DATE: November 12, 2001 RE: Amended Settlement Agreement: Foxfire Apartment Associates vs. Cross Creek of Ocoee Homeowners'Association, Inc. ISSUE Should the City Commission approve the Amended Settlement Agreement between Foxfire Apartment Associates, Cross Creek of Ocoee Homeowners' Association, Inc. and the City of Ocoee? DISCUSSION The City has previously issued to Cross Creek of Ocoee Homeowners' Association, Inc. (the "Association") a building permit to erect a gate (the "Gate") across a portion of the Bridge Creek Boulevard east of the driveway into the Apartment Complex. Foxfire Apartment Associates, the owner of the apartment complex, filed a lawsuit against the Association with respect to the Gate. Foxfire and the Association negotiated a settlement of their dispute which is acceptable to City staff Both Foxfire and the Association sought the financial participation of the City in connection with the settlement. We reviewed a previous draft of the Settlement Agreement and recommended certain revisions thereto which have been incorporated into the attached Amendment Settlement Agreement. While the City is not a party to the Litigation, we have been involved in various aspects of the Litigation since the challenged Gate was constructed pursuant to a permit issued by the City. In the event the Litigation is not settled, it is likely that the City would incur additional legal expense in monitoring the Litigation and meeting with City staff who might be subpoenaed for depositions and/or trial testimony. It is also possible that the City might be named as a party to the Litigation based on the City's issuance of the building permit. At the outset, we reviewed these factors with City Manager Gleason and agreed that financial participation by the City in the settlement could be a cost effective way of avoiding further legal expenses and the potential of being brought into the Litigation. A summary of the proposed Amended Settlement Agreement is as follows: (11\ 006.238297.1 FOLEY & LARDNER (I) The Association will modify a portion of Bridge Creek Boulevard located west of the driveway into the Apartment Complex in accordance with a site plan attached as Exhibit "A" to the Amended Settlement Agreement. The total cost of these modifications is $30,938.50. (2) The City will pay Y2 of the total cost not to exceed $15,469.25. The balance would be paid by Foxfire and the Association. All parties to the settlement would deposit their portion in escrow with the law firm of Taylor & Carts, P.A. (3) The Association and Foxfire would he responsible for cost overruns, if any. If the actual costs arc less than estimated, all parties would share equally in the refund of these monies. (4) The Litigation between the Association and Foxfire would be dismissed with prejudice. (5) The Association, Foxfire and the City would execute mutual general releases of all claims based upon, or relating to the gating of the Entry Road Easement Area, including without limitation any claims or defenses raised in the Litigation, or in connection with any governmental approvals with respect to the Gate erected across a portion of Bridge Creek Boulevard. (6) The Association and Foxfire have agreed that the Cross Creek Maguire Road entry gates will remain open on weekdays from 6:30 to 9:30 a.m. and from 3:30 to 6:30 p.m., except during legal holidays, Halloween, special occasions up to 48 hours, civil emergencies, times of public threat, closure of surrounding roads and other times mutually agreed upon between the Association and Foxfire. It is our opinion that the obtaining of the mutual releases and the avoidance of further involvement in the Litigation obtain a benefit to the City which supports the City's limited financial participation. The City Manager and City Attorney recommend approval of the Amended Settlement Agreement. Funding for the settlement has already been provided in the previously approved budget. RECOMMENDATION It respectfully is recommended that the Honorable Mayor and City Commissioners approve the Amended Settlement Agreement in the matter of Foxfire Apartment Associates vs. Cross Creek of Ocoee Homeowners' Association, Inc. (Circuit Court Case No. C10-00-3750), and authorize execution thereof by the Mayor and City Clerk and further authorize the Mayor and City Clerk to execute appropriate releases and other documentation necessary to implement the aforesaid settlement. Enclosure cc: Jim Gleason (w/encl.) 2 006.238297.1 TAYLOR & C ARLS, P.A. ATTORNEYS AND COUNSELORS AT LAW 1900 SUMMIT TOWER BOULEVARD SUITE 820 HARRY W.CARLS ORLANDO,FLORIDA 32810-5920 BRANCH OFFICE: ROBERT L.TAYLOR DAYTONA BEACH,FLORIDA COLLEEN A BRADEN TELEPHONE'.(407)660-1040 TELEPHONE:(386)257-3203 FAX:(386)257-3129 GENE S.BOGER FAX:(407)660-9422 JOYCE C.FULLER PATRICK C.HOWELL ELIZABETH A.LANHAM-PATRIE October 31, 2001 RE ;" ;t; ED Paul Rosenthal, Esq. NOV 2 2001 Foley & Lardner 111 North Orange Ave. FOLEY & -U.t;uNER Orlando, FL 32801 Re: Foxfire Apartment ("Foxfire") vs. Cross Creek of Ocoee Homeowners' Association, Inc. ("Cross Creek"), Case Number CIO-00-3750 and City of Ocoee Dear Paul: Enclosed is the revised Amended Settlement Agreement ("Agreement") executed by the President of Foxfire and the President of Cross Creek. I have made the revisions to the Agreement that you requested, and I have added language to the releases pursuant to Scott Clark's request. (Please see the last sentence of the first paragraph of the releases). This sentence simply states "[n]othing herein shall be deemed to release the effect or provisions of that certain 'Settlement Agreement' executed between the parties. Please have the City of Ocoee execute the Agreement as expeditiously as possible. Once the Agreement is executed by the City of Ocoee, Foxfire and Cross Creek will execute the releases attached to the Agreement as exhibits "G", "H", "I", and "J". We look forward to hearing from you soon. Sinperely, / (y-/ /l Elizabeth A. Lanham-Patrie cc: Scott Clark Cross Creek of Ocoee Homeowners'Association, Inc. Cck023109 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: CIO-00-3750 FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture, Plaintiff, vs. CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation, Defendant. AMENDED SETTLEMENT AGREEMENT THIS AMENDED SETTLEMENT AGREEMENT (the "Agreement") is made as of the date of the last signature affixed hereto, by and between the Plaintiff, FOXFIRE APARTMENT ASSOCIATES ("Foxfire"), the Defendant, CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC. ("Cross Creek") and THE CITY OF OCOEE, a Florida Municipal Corporation: WITNESSETH: WHEREAS, Cross Creek is the successor in interest to Cross Creek Development Company and is the owner of certain common area property, including that certain private street known as Bridge Creek Boulevard, all as more fully depicted on the plat of the Cross Creek of Ocoee subdivision as recorded in plat book 33, page 30 of the official records of Orange County, Florida; and, WHEREAS, Foxfire is the successor to Maguire Road Corporation and is the owner of certain property located adjacent to the Cross Creek of Ocoee subdivision which property is improved by an apartment complex(the "Foxfire Property'); and, WHEREAS, pursuant to that certain Declaration of Easements recorded among the official records of Orange County, Florida in OR Book 4678, Page 2767, Cross Creek Development Company, on behalf of itself, its successors and assigns, granted certain easements to Maguire Road Corporation, its successors and assigns; and WHEREAS, among the easements granted was an easement for ingress and egress across the westernmost portion of Bridge Creek Boulevard as depicted on Exhibit"G" attached to the aforementioned Declaration of Easements (the "Entry Road Easement"); and, WHEREAS, Cross Creek has erected a gate across a portion of the Bridge Creek Boulevard east of the driveway into the Foxfire Property (the "Gate"); and, WHEREAS, dispute has arisen between the parties as to whether the gate interferes with the safe use of the Entry Road Easement by Foxfire, its tenants, guests, and invitees and Foxfire has initiated the above-captioned action now pending in the Circuit Court for the Ninth Judicial Circuit in and for Orange County, Florida (the "Litigation"); and, WHEREAS, the parties wish to resolve all matters arising from the installation and operation of the Gate in the Entry Road Easement area and to make provision to resolve the claims asserted in the Litigation as more fully set forth herein; NOW THEREFORE, for and in consideration of the premises, the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and accepted, the parties agree as follows: A. ROAD PROJECT Cross Creek shall engage contractors to modify that portion of Bridge Creek Boulevard located to the west of the driveway into the Foxfire Property in accordance with the design prepared by Torn Daly, which is attached hereto as Exhibit "A" and incorporated herein by this reference (the "Road Project"). B. TOTAL COSTS OF ROAD PROJECT The total costs of such modifications (hereinafter"total costs") are presently expected to be as follows: 1. The cost of construction of that portion of Bridge Creek Boulevard is $26,917.00. A copy of the estimate for this construction is attached hereto as Exhibit"B" and incorporated herein by this reference 2. The cost of landscaping that portion of Bridge Creek Boulevard is $2,690.00. A copy of this estimate is attached hereto as Exhibit"C" and incorporated herein by this reference 3. The cost to repair/replace the irrigation system due to the modifications is $1,072.00. A copy of this estimate is attached hereto as Exhibit"D" and incorporated herein by this reference 4. The cost of fees and permits for the modifications are $259.50. A copy of this estimate is attached hereto as Exhibit"E" and incorporated herein by this reference C. PAYMENT FOR ROAD PROJECT 1. The City of Ocoee shall pay fifty percent (50%) of the total costs, not to exceed $15,469.25. Within ten (10) days of executing this Agreement the City of Ocoee shall pay an escrow deposit of$15,469.25 to the trust account of Cross Creek's attorneys, the law firm of Taylor& Cads, P.A. ("Escrow Agent"), which is to be held in an interest-bearing FDIC-insured bank account until such time as the funds are to paid to the contractors. Such funds shall be released incrementally and proportionately to the contractors according to their draw schedule upon written instructions of Foxfire and Cross Creek. Notwithstanding any provision contained herein to the contrary or any subsequent direction from Cross Creek or Foxfire, the monies paid by the City of Ocoee may only be used for the Road Project. 2. Foxfire shall pay twenty-five percent (25%) of the total costs. Within ten (10) days of executing this Agreement, Foxfire shall pay an escrow deposit of$7,734.63, via certified check, to the trust account of Cross Creek's attorneys, the law firm of Taylor& Cads, P.A. ("Escrow Agent"), which is to be held in an interest-bearing FDIC-insured bank account until such time as the funds are to paid to the contractors. Such funds shall be released incrementally and proportionately to the contractors according to their draw schedule upon written instructions by Foxfire and Cross Creek. 3. Cross Creek shall pay twenty-five (25%) of the total costs. Within ten (10) days of executing this Agreement, Cross Creek shall pay an escrow deposit of$7,734.63, via certified check, to the trust account of Cross Creek's attorneys, the law firm of Taylor& Cads, P.A. ("Escrow Agent"), which is to be held in an interest-bearing FDIC-insured bank account until such time as the funds are to paid to the contractors. Such funds shall be released incrementally and proportionately to the contractors according to their draw schedule upon written instructions by Foxfire and Cross Creek. D. COST OVERRUNS AND REFUNDS 1. The City of Ocoee shall not be responsible for any cost overruns incurred during this modification, and its financial responsibility is strictly limited to the total costs listed above. 2. Cross Creek and Foxfire shall share equally in any cost overruns incurred during this modification. 3. Should the costs of the modification be less than the total costs listed above, Cross Creek, Foxfire, and the City of Ocoee shall share equally in a refund of these monies. E. ESCROW AGREEMENT 1. The Escrow Agent receiving funds is authorized and agrees, by accepting such funds, to deposit them promptly and to hold the funds in escrow. Subject to clearance of the funds, the Escrow Agent agrees to disburse the funds in accordance with the terms and conditions of this Contract. In the event of doubt as to the Escrow Agents duties or liabilities under this Contract, the Escrow Agent may, in the its sole discretion, (a) continue to hold the subject matter of this escrow until the parties mutually agree to the disbursement of the funds or until a judgment of a court of competent jurisdiction determines the rights of the parties, or(b) Escrow Agent may file a civil action for interpleader and deposit the funds with the Clerk of the Circuit Court having jurisdiction of the dispute and, upon notifying all parties concerned of the pendency of the civil action, all liability on the part of the Escrow Agent for the escrow deposit will fully terminate except to the extent of accounting for any items previously delivered out of escrow. 2. It is agreed that the duties of the Escrow Agent are only those that are expressly set forth in this Agreement, and that there are no implied duties or obligations to be performed by the Escrow Agent. The Escrow Agent shall be fully protected in following the written instructions provided to it by two (2) of the three (3) parties to this Agreement. Nothing herein contained shall be deemed to obligate the Escrow Agent to deliver, pay or transfer any funds hereunder unless the same has first been received by it pursuant to the provisions of this Agreement. In the absence of its willful misfeasance or gross negligence, the Escrow Agent shall not be liable for any act or omission or any mistake of fact or error of judgment, or for any loss suffered by the City of Ocoee, Foxfire, or Cross Creek or any other party in connection with or arising out of the services rendered by the Escrow Agent pursuant to this Agreement. The Escrow Agent shall be fully protected with respect to any action taken or suffered under this Agreement in good faith by it. The Escrow Agent shall not be bound or in any way affected by any notice of any modification, cancellation, abrogation, or rescission of this Agreement, or any fact or circumstance affecting or alleged to affect the rights or liabilities of any other person, unless signified to it in a writing, delivered to it, and signed by all the parties hereto; nor in the case of modification, unless such modification shall be satisfactory to and acknowledged in writing by the Escrow Agent. This paragraph shall survive performance or termination of this agreement. 3. Foxfire and Cross Creek, jointly and severally, but not the City of Ocoee, hereby agree to defend, indemnify and hold Escrow Agent harmless from and against all claims, suits, and liabilities of every kind (and all losses, costs and expenses, including reasonable attorneys' fees incurred by Escrow Agent as a result thereof), which may be asserted, instituted or found against it by any person, firm or corporation and which arise directly or indirectly out of this Agreement. This paragraph shall survive performance or termination of this agreement. F. RELEASES 1. Upon written acceptance of the Road Project by the City of Ocoee, Foxfire shall (1) dismiss the Litigation with prejudice with the Court retaining jurisdiction of this matter for the purposes of enforcing the terms of this Settlement Agreement; (2) release that portion of the Entry Road Easement located east of the driveway off Bridge Creek Boulevard into the Foxfire Property by executing and recording a partial release of easement in the form attached hereto as Exhibit "F"; and (3) fully and completely release and forever discharge Cross Creek, its officers, directors, members, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Cross Creek Releasees") and the City of Ocoee, its elected officials, board, committee members, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "the City of Ocoee Releasees") of and from any and all manner of action or actions, cause or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, damages, losses, costs, and expenses, of any nature whatsoever, known or unknown, fixed or contingent that Foxfire had or now has against the Cross Creek Releasees and the City of Ocoee Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area, including, without limitation, any and all claims which were or which could have been asserted by Foxfire in the Litigation, or in connection with any governmental approvals given with respect to the Gate, said releases to be provided in the form attached hereto as Exhibits "G" and "H." 2. Upon written acceptance of the Road Project by the City of Ocoee, Cross Creek shall fully and completely release and forever discharge the City of Ocoee, its elected officials, board, committee members, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "City of Ocoee Releasees") and Foxfire, its officers, directors, members, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Foxfire Releasees") of and from any and all manner of action or actions, cause or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, damages, losses, costs, and expenses, of any nature whatsoever, known or unknown, fixed or contingent that Cross Creek had or now has against the City of Ocoee Releasees and the Foxfire Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area, including, without limitation, any and all claims which were or which could have been asserted by Cross Creek in the Litigation, or in connection with any governmental approvals given with respect to the Gate, said releases to be provided in the form attached hereto as Exhibits "I" and 3. Upon written acceptance of the Road Project by the City of Ocoee, the City of Ocoee shall fully and completely release and forever discharge Foxfire, its officers, directors, members, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Foxfire Releasees") and Cross Creek, its officers, directors, members, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "the Cross Creek Releasees") of and from any and all manner of action or actions, cause or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims, demands, damages, losses, costs, and expenses, of any nature whatsoever, known or unknown, fixed or contingent that the City of Ocoee had or now has against the Cross Creek Releasees and the Foxfire Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area, said releases to be provided in the form attached hereto as Exhibits "K" and "L"; provided, however, that the foregoing shall not be construed to release the Cross Creek Releasees and the Foxfire Releasees from any violation of governmental permits, laws, ordinances and regulations, which have previously occurred or may occur after the date of this Agreement. G. FAILURE OF THE CITY OF OCOEE TO AGREE TO THE TERMS OF THIS AGREEMENT Should the City of Ocoee not agree to the above proposed terms within sixty (60) days of the date of execution of this Agreement by Foxfire and Cross Creek, the terms of this Settlement Agreement shall be null and void and the parties hereto shall resume the Litigation. H. PARTIES UNDERSTANDING OF AGREEMENT AND LEGAL REPRESENTATION The agreements contained herein are not made to defraud creditors, are made without duress and in full understanding of the circumstances and any rights each party may have. Each party has been fully represented by legal counsel in this matter. NO THIRD PARTY BENEFICIARIES There are no third party beneficiaries to this Agreement. No third party may rely on or assert that any provision or statement herein is an admission by or against any party hereto. J. EXECUTION OF AGREEMENT IN MORE THAN ONE COUNTERPART This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. K. AGREEMENT IS BINDING ON SUCCESSORS The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors, heirs, assigns, and legal representatives. L. ATTORNEYS FEES The prevailing party in any litigation brought to enforce the provisions of this Agreement shall be entitled to recover from the other party its reasonable costs and expenses, including attorneys fees, whether at trial or on appeal. M. HOURS GATES REMAIN OPEN Cross Creek and Foxfire further agree that the Cross Creek Maguire Road entry gates shall remain open on weekdays from 6:30-9:30 a.m. and from 3:30-6:30 p.m., except during legal holidays, Halloween, special occasions up to 48 hours (e.g. block party), civil emergencies, times of public threat, closure of surrounding roads reasonably causing traffic to cut through Cross Creek, and other times mutually agreed to by the parties hereto; provided, however, that the foregoing shall not be construed to prohibit or impede access rights heretofore granted to the City of Ocoee or required by City of Ocoee approvals, including but not limited to, access to emergency vehicles. It is the intent of this paragraph to create a safe traffic circumstance, including the avoidance of traffic jams at the entry point during peak traffic hours. Therefore, both parties agree to work together to accomplish the safety goal but at the same time permit Cross Creek to effectively utilize the gate. IN WITNESS WHEREOF, the parties do hereby execute this Agreement as of the day and year first above written. CROSS CIR.EEK OF COEE- - HOM N SS ON,iN . B Printed Nam] / /tom 1 Title: ie:IS/Ck' - STATE OF FLORIDA COUNTY OF ORANGE �,L.� This instrument was acknowledged before me on OC th r 93 , 2001, by C5c4y Lo n,5iccL , as Pre,S;c4E.411- of Cross Creek of Ocoee Homeowners' Association, Inc., a Florida not for profit corporation, who is personally known to me, or has produced L_- 6.)ricrc. Li CEASE as identification, on behalf of said corporation. r Notary Public c XX , I NI O3 .RT J/L /II� v» , ,, Printed Name of Notary , --- ` " FOXFIRE APARTMENT ASSOCIATES, A Florida Joint Venture /144644/QG APApTmEWr vvivrWV.k/NC. By: By:-b'e "I y/1� C-L- ' Printed Name: V?o7Cr4 I—. fie-8 I^4� PresMot- of f'awhwr Title: Qwtif ✓ STATE OF FLORIDA COUNTY OF ORANGE This instrument was acknowledged before me on Cch 2y , 2001, by ReBkXr 1- FEXD/rv41✓M , as Prudent aF Mst vtri AyaHne4- Kota Foxfire Apartment Associates, a Florida Joint Venture, who is personally known to me, or has produced N/A as identification, on behalf of said joint venture. Notary Public Y ,. Scott D.Clark MYCOMMISSIONX CC993913 EXPIRES a _ February;,1e05 '✓R„g,, Ioxoeo meu TOr F&wsouxCE,INC Printed Name of Notary CITY OF OCOEE, FLORIDA Signed, Sealed and Delivered in the Presence of: By: Print Name: S. Scott Vandergrift, Mayor Print Name: ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2001 LEGALITY this day of UNDER AGENDA ITEM NO. FOLEY& LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me, an office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S. SCOTT VANDERGRIFT and , personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledge executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2001. Signature of Notary Name of Notary(Typed, Printed or Stamped) Commission Number(if not legible on seal): My Commission Expires(It not legible on seal). ESCROW AGENT'S ACCEPTANCE The undersigned agrees to act as Escrow Agent in accordance with the above Agreement and acknowledges receipt of the $ deposit. Dated: WITNESSES AS TO ESCROW AGENT: ESCROW AGENT: Witness#1 Printed or Typed Name of Witness#1 Witness#2 Printed or Typed Name of Witness#2 Cck 023 Amended Settlement "\ Waele /// 322 Hemet / LdMsan Cross Creek$u / needeen n _ ___ ------ '''NN---evisting fence J�nrcary ale Bridge Creek Boulevard C existing Payers p'p exmeng gala 1 R 0 e ft 0 �, exlsNng keroaa envy `�� %�� `� II uBM /—existngrands=app / ! I � ` Cad / Island — �/i remove ext ^.no e // removee perms ad cennn exmmg ylAl0I�I44140. �aI�I�I /11.drive lane paver sidewalk to be Flo relocated am stiloing j�ej�44•%otel ssttel proposed ampma r inlet a sting pavers 1 AO,e�l S' $ tr'jkI4ll 1 I� g i,ISIP etZrl pxPand P.v to— ne„carem0 S �'� a ♦ r .r. n . . ys • f h .. . RvfIC ya ~'gyp' c / T ■� k n� d 'tej' 3 r C 4 49. ‘ C14 /� --`I I r eInsftt]'conaeeeleewalk el cafeslots Inlet } bS along OxkolNb �j..q�y t 1 mmnY2a •gii L ;sang a!umlnum fence •?f Proposed cute r Js ha.qk 2.2 ncle e.e'Ing sonnem need.:.: :Mr ® 7 remove curb and add addponal ? ;r S iI r T ® COo . 4,vrv'ememror apenment access replace at eor Ing landscape alongsouth -r ■ e � `�•• .�" side or road to apartmem entrance j k inau m 14 o m . vLiil t I fc., .., „, puremean aearese to pertdbgn intent 16r' At co:ssctio se aremeeterd ex eed ciIse mcoc P F OTt radars nnl specorexceed city of o=oee �9CO Food s•.nnmms and:Pe=dK•nons .orP • C Mn4 I, 2001 Janes Shires P.E. .City of Ocoee I C.ty Hal] 150 R. Lakeshore Drive Ocoee,Florida 32761 Re: Bridge Creek Boulevard Entrance Improvements Dear Mr. Shin, Ryan lnenrpuated Eastern,as requested,provides estimated costs to podium the scope of wak listed below. These estimated msa are based on cnnccptteil drawings by Daly nesryr Group. Inc. dates 08121100. Scope of Work Demo approx. (269)If of existing nub S 2,42) 00 Demo approx (102)sf of existing sidewalk pavers $ 204.00 Deno(2)asiming prxn trees $ 500.00 Install(I)raised asphab traffic calming device $ 1,070.00 install approx.(60)sy of new i' sidewalk S 1,800.00 Install approx. (266)If of new 2'curb and gutter S 3,990 00 Install approx_ (66)sy of new 4' aspbalt driveway $2:112.00 Install approx.(708)sf of new brick pavers at driveway $3,120.00 Install approx. (290)sf of new sidewalk brick pavers S 4,350.00 350.00 Install (2)punted traffic arrows 350 00 Relocate (I)curb inlet $$ 11:80 .00 \4aintcnwtce.of frnffac(I S) 0 construction layout rk Tcstine (LS) $=70(1 00 Tots) S26.0I 7.00 Exclusions: permits,Fees.Landscaping and irrigation. Ryan Incorporated eastern Central Florida Division Bill Bentley Senloe 1'eojeci Manner ti,,; )1.A,ro iA1rEO. rn,o;WISE CJtV•.-AI U0.ivp.SUi't :Otn UiOEE. rl0°tUn it,- ;n r... via A',a Exhibit GROUNDTEK OF CENTRAL FLORIDA.INC. NAOUIRE ' PHONE a07477-Ter$ Ft FAX 40T4T14670 PROPOSAL January 15,2001 To: Cross Creek H.O.A. Ocoee FL Ana Spencer Solomon Re: Entrance Lane Widening-Landscaping We hereby present a proposal for the re-landscaping of the south side of the main entrance to the Crass Creek Subdivision. This proposal coven the following items: A. Removal e moved back reinstallation of towards halms to allow space for a new sidewalk. Palms would B. Removal of existing plant material in the area defined by preliminary plans. Length of new landscape is calculated from the west side of the storm inlet to the existing sod area at the corner of the apartment sign. C. Grounds preparation and installation of new plant material to create an upgraded design and ease of maintenance. New plant material is to be planted according to oar proposed design,plant material to include: Crepe • Myrtles,Lore Petalums,Aztec Grass,and Junipers-all plant material in standard industry sizes. D. This proposal dots not include any tcpairs or adjustments to the irrigation . system that may be required due to the new construction. If these additional items arc required,they would be billed on a time and materials basis. TOTAL FOR LABOR, EQUIPMENT AND,NATEP.JAIS 82,690.00 Date Proposal by_ Date Accepted COMPLETE PROFESSIONAL SERVICES IN GROUNDS MAINTENANCE & LANDSCAPING Exhibit _C i I ' :.� i GROUNDTEK_ Iola MAOUIRE POAO,OCOEE,FLORIDA H7t1 PNON1101-471-741i FAX 407477•1ir0 PROPOSAL -fitly 13,2001 .Lkeu,C3aakJ10A 1582 S.Magtin Rd' Phone:407-6S6-I082 Gong Spencer cer34 So61 Paz 407-6560974 Atfn--50��Soloman Re:lrrigatiOn!char for recorurrrction of-south side of main entrance The estimated labor costs for the work to the irrigation system as pertaining to the plans provided,and!united to repair and replacement it S 1.071.00 Proposal fry: Dale gorge oil, Genera !onager Acceptance of proposal: Dale — ~— COMPLETE PROFESSIONAL SERVICES IN GROUNDS MAINTENANCELANDSCAPING Exhibit !1.----� rt 'et:WIER Of GOOD IlVTNG.PRIDE OF WEST ORANGE' !Exvox•C^, — -n-en S.SCOTT VANDERGRf-r COIA0 CITY OF Ol,Cali EDANNY Hann RS EL ISC N.L1F.'ESHOAE DRIVE SCOTC ANDSASON •• I 2- ID OCOEE,FLORA 34761-2258 RUSTY JOHNSON NANCY J.PAIMER n� 4. (907)905.3100 cm,.Wiwi../i �qe 2 JAMES GLEASON • FACSIMILE TAANRMITTAL SHEET TO: -_-- FROM: Mr.Spencer Solomon Mazr➢Vdic Building 5r ZOm➢g Official C OEFE-VE: DATE -ROM Creel July 18,2032 FAX ANAataa T. TOIAt NO.OF PAGES OICLUDINC COVER. (44)6563974 au ee. Esti=e of permitting font for renovation of may bridge Ihave barn advised that the bridge renovation project coca are being shared by the members of the Consp-Cmk subdivision. I was informed that the estimated COSI of the project c 527,000.00 ?.eoq-xren thousand douuan)and Caoss Creek would share 25% (rweoty-Eve percent) of the rs.. The permitting fen would be u follows- •Cmuaucdon cast(siaate)of 5D,000.CG •Basic Permit fee is the cor=taion ant of D,03C divided by 1,CCG equals 7/. The fee is derived by multiplying V times S3.50 and addrs X10.03 m the tout This would be 594.50 plus $30.00 which equals Oncbundtcd twenty-four dotlirs_:d E.r'y cczr(512450) •The Om review he is one half of one patent(15 of 1%)of the caustrvaion ere This would be327=00 times.005 which equals One bandied thirty-five doBan(5135.05) *Although these are other minor permit that may be required an estimate of the above information is a total of Te wyseven thuuund two-hundred Bfry-nine dollars and fifty cents (227,259.50). Twenty tie parent of this would be Six thousand eight hundred fourteen dollars and eieJ tycghr cents($6,814.88) •Toral i.c-MY car.59SG for the whale project of eat.27,003 dollars_ 1 hope this information JJ arts Toll she preparatory phase of this project_ If you have any questions or commaats, prase cer^=.T mc x(CL))935-3 9/iw1 o-sad a.faninvle to(AY)656-5398. Exhibit Prepared by, and after recording return to: Scott A. Glass, Esq. Shutts & Bowen, LLP 300 S. Orange Ave., Ste.1000 Orlando,FL 32801 PARTIAL RELEASE OF EASEMENT This Partial Release of Easement("Release") made this day of April 2001 by FOXFIRE APARTMENT ASSOCIATES,a Florida Joint Venture("Foxfire). RECITALS: WHEREAS,on or about December 24, 1993,Maguire Road Corporation and Cross Creek Development Company entered into that certain Declaration of Easements recorded in OR Book 4678,Page 2767 of the Official Records of Orange County,Florida; and, WHEREAS,one of the easements granted in the Declaration of Easements was an easement for ingress and egress granted by Cross Creek Development Company to Maguire Road Corporation (the"Ingress and Egress Easement"),which Ingress and Egress Easement is more fully described in the Declaration of Easements and is depicted on that certain plat of Cross Creek of Ocoee as recorded in Plat Book 33, Page 30 of the Official Records of Orange County; and, WHEREAS,Foxfire is the successor in interest to Maguire Road Corporation and owner of the dominant estate with respect to the Ingress and Egress Easement; and, WHEREAS,Foxfire desires to terminate and release all of its right,title and interest in the easternmost SO feet of the Ingress and Egress Easement; NOW, THEREFORE, in consideration of the premises, the same being hereby acknowledged as true and correct, and for the sum of$10.00 and other good and valua hereby ble consideration, the receipt and sufficiency of which is hereby acknowledged, Foxfireterminates, releases and quit-claims any and all rights, privileges, licenses, in and to the eastern 50 feet of the Ingress and Egress Easement described above, releasing any and all interests, rights to use or possess, if any, of the easternmost 50 feet of the Ingress and Egress Easement. Exhibit F- • • IN WITNESS WHEREOF, Foxfire has caused this Partial Release of Easement to be executed by its duly authorized representative as of the date set forth below. Signed, sealed and delivered in the presence of the following two witnesses: FOXFIRE APARTMENT ASSOCIATES, aFl7 a joint vent e E4,y.�,rrlhGu( F 7M EN7 NTttiR@r INC l '•I'Jgt/RoBEkT i-. PeRiliupND, Sig recetre \. ( 4�1 \elf& Print Name ` 1 Signature Jesti D. eihek Print Name STATE OF FLORIDA COUNTY OF ORANGE ) The foregoing instrurpe ' I " nt was acknowledged before me this & day of 1 , 2001 by ROBERT FERDINAND, a-Adasipal-of FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture, personally known to me or who produced VA- as identification and who further acknowledged that he was authoriz d to do so. Prurdaaf of Ingwri Aplv::r ht% General Aa lme y f� NOTARY PUB IC ii. MY: M6SION CC945913 WIRES weoto mwJnon; 'C , Typed or Printed Name of Notary My commission expires: ORLDOCS 100406191 SXG 2 RELEASE KNOW ALL PERSONS BY THESE PRESENTS: That, FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture("Foxfire"), for and in consideration of the promises and obligations set forth in that particular settlement agreement by and between Foxfire and CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation("Cross Creek")and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, acquit, satisfy, and forever discharge Cross Creek, its officers, directors,joint venture partners, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Cross Creek Releasees") of and from any and all manner of action or actions, caused or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims demands, damages, losses, costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, that Foxfire had or now has against the Cross Creek Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area ( as defined in the Settlement Agreement, and as fully described in the Litigation), including, without limitation, any and all claims or defenses which were or which could have been asserted by Foxfire in the Litigation styled:FOXFIRE APARTMENT ASSOCIATES,a Florida joint venture v.CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation, Orange County Circuit Civil Case No.: CIO-00-3750 (the"Litigation"). Nothing herein shall be deemed to release the effect or provisions of that certain "Settlement Agreement" executed between the parties. Foxfire hereby declares that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise and settlement of the claims set forth in the Litigation, disputed or otherwise, and for the express purposes of precluding forever any further additional claims arising out of such matters, to the extent set forth above. Foxfire further declares and represents that no promise, inducement or agreement not expressed herein has been made to Foxfire. THIS RELEASE HAS BEEN VOLUNTARILY GIVEN AND IS FREE FROM ANY DURESS AND COERCION. THIS RELEASE HAS BEEN EXECUTED BY THE UNDERSIGNED PARTY AFTER CONSULTATION WITH LEGAL COUNSEL AS TO ITS PROVISIONS, SCOPE,EFFECT AND SUFFICIENCY OF CONSIDERATION AND THE UNDERSIGNED PARTY REPRESENTS THAT IT IS GIVEN WITH FULL KNOWLEDGE OF ITS PROVISION,SCOPE AND EFFECT,THAT THERE IS SUFFICIENT CONSIDERATION FOR GIVING THIS GENERAL RELEASE,AND THAT IT IS ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. THE UNDERSIGNED PARTY HAS READ THE FOREGOING GENERAL RELEASE AND FULLY UNDERSTANDS IT. Exhibit l IN WITNESS WHEREOF, Foxfire does hereby execute this Release as of the day and year set forth hereafter. FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture By: Printed Name: Title: STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared as of FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture, who has produced a as identification, and who acknowledged execution of the foregoing Release. WITNESS my hand and seal in the County and State aforesaid on this the day of , 2001. NOTARY PUBLIC Typed or Printed Name of Notary My Commission expires: Cck023 rel2 RELEASE KNOW ALL PERSONS BY THESE PRESENTS: That, FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture ("Foxfire"), for and in consideration of the promises and obligations set forth in that particular settlement agreement by and between Foxfire and THE CITY OF OCOEE and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, acquit, satisfy, and forever discharge the City of Ocoee, its elected officials, board, committee members, agents,employees,successors,assigns,insurers,representatives,lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "the City of Ocoee Releasees") of and from any and all manner of action or actions, caused or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims demands, damages, losses, costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, that Foxfire had or now has against the City of Ocoee Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area(as defined in the Settlement Agreement, and as fully described in the Litigation), including,without limitation, any and all claims or defenses which were or which could have been asserted by Foxfire in the Litigation styled:FOXFIRE APARTMENT ASSOCIATES,a Florida joint venture v.CROSS CREEK OF OCOEE HOMEOWNERS'ASSOCIATION, INC., a Florida not for profit corporation, Orange County Circuit Civil Case No.: CIO-00-3750 (the "Litigation"), or in connection with any governmental approvals with respect to the gate erected across a portion of the Bridge Creek Boulevard east of the driveway into the Foxfire Property. Nothing herein shall be deemed to release the effect or provisions of that certain "Settlement Agreement" executed between the parties. Foxfire hereby declares that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise and settlement of the claims set forth in the Litigation,disputed or otherwise, and for the express purposes of precluding forever any further additional claims arising out of such matters, to the extent set forth above. Foxfire further declares and represents that no promise, inducement or agreement not expressed herein has been made to Foxfire. THIS RELEASE HAS BEEN VOLUNTARILY GIVEN AND IS FREE FROM ANY DURESS AND COERCION. THIS RELEASE HAS BEEN EXECUTED BY THE UNDERSIGNED PARTY AFTER CONSULTATION WITH LEGAL COUNSEL AS TO ITS PROVISIONS,SCOPE,EFFECT AND SUFFICIENCY OF CONSIDERATION AND THE UNDERSIGNED PARTY REPRESENTS THAT IT IS GIVEN WITH FULL KNOWLEDGE OF ITS PROVISION,SCOPE AND EFFECT,THAT THERE IS SUFFICIENT CONSIDERATION FOR GIVING THIS GENERAL RELEASE,AND THAT IT IS ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. THE UNDERSIGNED PARTY HAS READ THE FOREGOING GENERAL RELEASE AND FULLY UNDERSTANDS IT. Exhibit H IN WITNESS WHEREOF, Foxfire does hereby execute this Release as of the day and year set forth hereafter. FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture By: Printed Name: Title: STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared as of FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture, who has produced a as identification, and who acknowledged execution of the foregoing Release. WITNESS my hand and seal in the County and State aforesaid on this the day of , 2001. NOTARY PUBLIC Typed or Printed Name of Notary My Commission expires: CckO23 rel4 RELEASE KNOW ALL PERSONS BY THESE PRESENTS: That, CROSS CREEK OF OCOEE HOMEOWNERS'ASSOCIATION, INC., a Florida not for profit corporation("Cross Creek"), for and in consideration of the promises and obligations set forth in that particular settlement agreement by and between Cross Creek and THE CITY OF OCOEE and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, acquit, satisfy, and forever discharge the City of Ocoee,its elected officials, board,committee members,agents,employees,successors,assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "The City of Ocoee Releasees") of and from any and all manner of action or actions, caused or causes of action, in law or in equity, and any suits, debts,liens,contracts, agreements, promises,liabilities,claims demands, damages,losses,costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, that Cross Creek had or now has against the City of Ocoee Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area (as defined in the Settlement Agreement, and as fully described in the Litigation),including,without limitation, any and all claims or defenses which were or which could have been asserted by Cross Creek in the Litigation styled: FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture v. CROSS CREEK OF OCOEE HOMEOWNERS'ASSOCIATION, INC., a Florida not for profit corporation,Orange County Circuit Civil Case No.: CIO-00-3750 (the"Litigation"), or in connection with any governmental approvals with respect to the gate erected across a portion of the Bridge Creek Boulevard east of the driveway into the Foxfire Property. Nothing herein shall be deemed to release the effect or provisions of that certain "Settlement Agreement" executed between the parties. Cross Creek hereby declares that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise and settlement of the claims set forth in the Litigation, disputed or otherwise, and for the express purposes of precluding forever any further additional claims arising out of such matters, to the extent set forth above. Cross Creek further declares and represents that no promise, inducement or agreement not expressed herein has been made to Cross Creek. THIS RELEASE HAS BEEN VOLUNTARILY GIVEN AND IS FREE FROM ANY DURESS AND COERCION. THIS RELEASE HAS BEEN EXECUTED BY THE UNDERSIGNED PARTY AFTER CONSULTATION WITH LEGAL COUNSEL AS TO ITS PROVISIONS, SCOPE, EFFECT AND SUFFICIENCY OF CONSIDERATION AND THE UNDERSIGNED PARTY REPRESENTS THAT IT IS GIVEN WITH FULL KNOWLEDGE OF ITS PROVISION,SCOPE AND EFFECT,THAT THERE IS SUFFICIENT CONSIDERATION FOR GIVING THIS GENERAL RELEASE,AND THAT IT IS ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. THE UNDERSIGNED PARTY HAS READ THE FOREGOING GENERAL RELEASE AND FULLY UNDERSTANDS IT. Etibit 1 IN WITNESS WHEREOF, Cross Creek does hereby execute this Release as of the day and year set forth hereafter. CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation By: Printed Name: Title: STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared as of CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation, who has produced a as identification, and who acknowledged execution of the foregoing Release. WITNESS my hand and seal in the County and State aforesaid on this the day of , 2001. NOTARY PUBLIC Typed or Printed Name of Notary My Commission expires: CckQ23 rel3 RELEASE KNOW ALL PERSONS BY THESE PRESENTS: That, CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation ("Cross Creek"), for and in consideration of the promises and obligations set forth in that particular settlement agreement by and between Cross Creek and FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture ("Foxfire") and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release,acquit,satisfy,and forever discharge Foxfire,its officers,directors,joint venture partners, agents,employees,successors,assigns,insurers,representatives,lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Foxfire Releasees") of and from any and all manner of action or actions, caused or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims demands, damages, losses, costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, that Cross Creek had or now has against the Foxfire Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area ( as defined in the Settlement Agreement, and as fully described in the Litigation), including, without limitation, any and all claims or defenses which were or which could have been asserted by Cross Creek in the Litigation styled: FOXFIRE APARTMENT ASSOCIATES,a Florida joint venture v.CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation, Orange County Circuit Civil Case No.: CIO-00-3750 (the"Litigation"). Nothing herein shall be deemed to release the effect or provisions of that certain "Settlement Agreement" executed between the parties. Cross Creek hereby declares that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise and settlement of the claims set forth in the Litigation, disputed or otherwise, and for the express purposes of precluding forever any further additional claims arising out of such matters, to the extent set forth above. Cross Creek further declares and represents that no promise, inducement or agreement not expressed herein has been made to Cross Creek. THIS RELEASE HAS BEEN VOLUNTARILY GIVEN AND IS FREE FROM ANY DURESS • AND COERCION. THIS RELEASE HAS BEEN EXECUTED BY THE UNDERSIGNED PARTY AFTER CONSULTATION WITH LEGAL COUNSEL AS TO ITS PROVISIONS,SCOPE, EFFECT AND SUFFICIENCY OF CONSIDERATION AND THE UNDERSIGNED PARTY REPRESENTS THAT IT IS GIVEN WITH FULL KNOWLEDGE OF ITS PROVISION,SCOPE AND EFFECT,THAT THERE IS SUFFICIENT CONSIDERATION FORGIVING THIS GENERAL RELEASE,AND THAT IT IS ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. THE UNDERSIGNED PARTY HAS READ THE FOREGOING GENERAL RELEASE AND FULLY UNDERSTANDS IT. Exhibit S IN WITNESS WHEREOF, Cross Creek does hereby execute this Release as of the day and year set forth hereafter. CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation By: Printed Name: Title: STATE OF FLORIDA COUNTY OF ORANGE BEFORE ME, the undersigned authority, personally appeared as of CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation, who has produced a as identification, and who acknowledged execution of the foregoing Release. WITNESS my hand and seal in the County and State aforesaid on this the day of , 2001. NOTARY PUBLIC Typed or Printed Name of Notary My Commission expires: CckO23 rell RELEASE KNOW ALL PERSONS BY THESE PRESENTS: That, THE CITY OF OCOEE, for and in consideration of the promises and obligations set forth in that particular settlement agreement by and between the City of Ocoee and FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture ("Foxfire") and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release,acquit, satisfy,and forever discharge Foxfire,its officers, directors,joint venture partners, agents,employees,successors,assigns,insurers,representatives,lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Foxfire Releasees") of and from any and all manner of action or actions, caused or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims demands, damages, losses, costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, that the City of Ocoee had or now has against the Foxfire Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area ( as defined in the Settlement Agreement, and as fully described in the Litigation), including, without limitation, any and all claims or defenses which were or which could have been asserted by the City in the Litigation styled:FOXFI RE APARTMENTASSOCIATES,a Florida joint venture v.CROSS CREEK OF OCOEE HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation, Orange County Circuit Civil Case No.: CIO-00-3750 (the "Litigation'), or in connection with any governmental approvals with respect to the gate erected across a portion of the Bridge Creek Boulevard east of the driveway into the Foxfire Property. Nothing herein shall be deemed to release the effect or provisions of that certain "Settlement Agreement" executed between the parties. The City of Ocoee hereby declares that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise and settlement of the claims set forth in the Litigation,disputed or otherwise,and for the express purposes of precluding forever any further additional claims arising out of such matters, to the extent set forth above. The City of Ocoee further declares and represents that no promise, inducement or agreement not expressed herein has been made to the City of Ocoee. THIS RELEASE HAS BEEN VOLUNTARILY GIVEN AND IS FREE FROM ANY DURESS AND COERCION. THIS RELEASE HAS BEEN EXECUTED BY THE UNDERSIGNED PARTY AFTER CONSULTATION WITH LEGAL COUNSEL AS TO ITS PROVISIONS, SCOPE,EFFECT AND SUFFICIENCY OF CONSIDERATION AND THE UNDERSIGNED PARTY REPRESENTS THAT IT IS GIVEN WITH FULL KNOWLEDGE OF ITS PROVISION,SCOPE AND EFFECT,THAT THERE IS SUFFICIENT CONSIDERATION FOR GIVING THIS GENERAL RELEASE,AND THAT IT IS ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. THE UNDERSIGNED PARTY HAS READ THE FOREGOING GENERAL RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, the City of Ocoee does hereby execute this Release as of the day and year set forth hereafter. CITY OF OCOEE, FLORIDA Signed, Sealed and Delivered in the Presence of: By: Print Name: S. Scott Vandergrift, Mayor Print Name: ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2001 LEGALITY this_day of UNDER AGENDA ITEM NO. FOLEY& LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day, before me,an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared S.SCOTT VANDERGRIFT and ,personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledge executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this_day of , 2001. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): Cck023 rel6 My Commission Expires(if not legible on seal): RELEASE KNOW ALL PERSONS BY THESE PRESENTS: That, THE CITY OF OCOEE, for and in consideration of the promises and obligations set forth in that particular settlement agreement by and between the City of Ocoee and CROSS CREEK HOMEOWNERS'ASSOCIATION,INC.,a Florida not for profit corporation("Cross Creek") and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, acquit, satisfy, and forever discharge Cross Creek, its officers, directors, joint venture partners, agents, employees, successors, assigns, insurers, representatives, lawyers and all persons acting by, through, under or in concert with them, or any of them (hereafter collectively the "Cross Creek Releasees") of and from any and all manner of action or actions, caused or causes of action, in law or in equity, and any suits, debts, liens, contracts, agreements, promises, liabilities, claims demands, damages, losses, costs and expenses, of any nature whatsoever, known or unknown, fixed or contingent, that the City of Ocoee had or now has against the Cross Creek Releasees arising out of, based upon, or relating to the gating of the Entry Road Easement area (as defined in the Settlement Agreement, and as fully described in the Litigation), including,without limitation, any and all claims or defenses which were or which could have been asserted by the City in the Litigation styled: FOXFIRE APARTMENT ASSOCIATES, a Florida joint venture v. CROSS CREEK OF OCOEE HOMEOWNERS'ASSOCIATION, INC., a Florida not for profit corporation,Orange County Circuit Civil Case No.: CIO-00-3750 (the "Litigation"), or in connection with any governmental approvals with respect to the gate erected across a portion of the Bridge Creek Boulevard east of the driveway into the Foxfire Property. Nothing herein shall be deemed to release the effect or provisions of that certain "Settlement Agreement" executed between the parties. The City of Ocoee hereby declares that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise and settlement of the claims set forth in the Litigation,disputed or otherwise,and for the express purposes of precluding forever any further additional claims arising out of such matters, to the extent set forth above. The City of Ocoee further declares and represents that no promise, inducement or agreement not expressed herein has been made to the City of Ocoee. THIS RELEASE HAS BEEN VOLUNTARILY GIVEN AND IS FREE FROM ANY DURESS AND COERCION. THIS RELEASE HAS BEEN EXECUTED BY THE UNDERSIGNED PARTY AFTER CONSULTATION WITH LEGAL COUNSEL AS TO ITS PROVISIONS, SCOPE, EFFECT AND SUFFICIENCY OF CONSIDERATION AND THE UNDERSIGNED PARTY REPRESENTS THAT IT IS GIVEN WITH FULL KNOWLEDGE OF ITS PROVISION,SCOPE AND EFFECT,THAT THERE IS SUFFICIENT CONSIDERATION FORGIVING THIS GENERAL RELEASE,AND THAT IT IS ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. THE UNDERSIGNED PARTY HAS READ THE FOREGOING GENERAL RELEASE AND FULLY UNDERSTANDS IT. EH-''bit L IN WITNESS WHEREOF, the City of Ocoee does hereby execute this Release as of the day and year set forth hereafter. CITY OF OCOEE, FLORIDA Signed, Sealed and Delivered in the Presence of: By. Print Name: S. Scott Vandergrift, Mayor Print Name: ATTEST: Jean Grafton, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 2001 LEGALITY this_day of UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney STATE OF FLORIDA COUNTY OF ORANGE I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State and County aforesaid to take acknowledgments,personally appeared S.SCOTT VANDERGRIFT and , personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF OCOEE and that they severally acknowledge executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this_day of , 2001. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number(if not legible on seal): CckC23 re15 My Commission Expires(if not legible on seal):