HomeMy WebLinkAboutItem #07 Approval of Stormwater Utility Fees Credit Agreement11Wk5 4-40for
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Florida
AGENDA ITEM COVER SHEET
Meeting Date: September 16, 2014
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: Stormwater Utility Fees Credit Agreement. Commissioner Johnson, District 3.
Background Summary:
Public Works conducted an audit of Stormwater fees on commercial properties through an independent
consultant, Singhofen & Associates, Inc. (SAI), earlier this year. While the majority of properties were
found to be correctly assessed, the Manheim Remarketing, LP. (Manheim) properties, commonly known
as the "auto auction ", were over assessed. A 2007 audit discovered this disparity, however changes in
staffing left the assessment uncorrected. The City reimbursed the overage amounts for the current
fiscal year directly to Manheim through the County Tax Assessors office. The remainder of the
correction will be credited over a span of three (3) years in accordance with the attached credit
agreement. The adjustment is incorporated into the Stormwater revenues for the next fiscal year.
Public Works recommends approval of the agreement.
Issue:
Request the City Commission approve the Stormwater Utility Fees Credit Agreement with Manheir
Remarketing, LP.
Recommendations:
Recommend approval of the Stormwater Utility Fees Credit Agreement between Manheim Remarketing,
LP and the City.
Attachments:
Stormwater Utility Fees Credit Agreement.
Financial Impact:
The adjustment in revenue to the Stormwater fund is incorporated into the current and future budgets.
Type of Item: (please mark with an `k')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
X Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
2
SHUFF IELD
AI s
CHARLES J. ABRAMS
MAIA R. ALBR.CHT
Loan L. Baker
IASIES F. BASQUE
D. MICHELLE CONE
STEPHANIE L. COOK
SCOTT A. COOKSON
JASON A. DAV[$
JOHN G. DELANCETT
ILLIA D. DENNIS
ALEXANDER S. DOUGLAS, It
ROBIN G. DRAGE
DANIEL B. HARRIS
1ILIDI \ \. ISENHARI
JOHN P JUNOD
THOMAS F. LANG
WILLS m R. LOWMAN, JR.
JANET L. MARTINEZ
J. STEPHEN MCDONALD
GREGORY W. iMEIER
RALPH G. PEPS
LASE F. BTU ROESCH
R. CLAYTON ROESCH
BETH S. SCHICK
V`V'. CHARLES SHLTHELD
THOMAS A. S[SISER, 1R
:Alar Dote Solik
ALYSE N. VERNER
LYNNE R. WILSON
MARK \`t'ISNIEU'SRI
PAIGE HAS mOND WOLPERT
km d
1000 LEGION PLACE
SUITE 1
ORLANDO, FL 32801
40? -581 -9800 PH
40 -- 581 -9801 FAX
545 WESTMAIN SL.
TAVARES, LL 32 „8
352-253 - 2222 PE[
32- 253 -22 FAX
203 LAS RICH AVE,
DEI.AND, FL 32
386 - -36 -9225 PH
386 - -36 -9265 FAX
114 SOUTH PALMETTO AVE.
DMYONA BEACH, FL 32114
386 -25^ -1 PH
386 - 258 -1355 FAX
VA'U'VC.,IIt I I III DI0VA,A1A
September 4, 2014
VIA U.S. MAIL
Ms. Beth Eikenberry
City of Ocoee
150 Lakeshore Drive
Ocoee, FL 34761
Re: City of Ocoee — Auto Auction
Our File No. 06286 -0001
Dear Beth:
Enclosed with regard to the above - referenced matter is the original,
executed Stormwater Utility Fees Credit Agreement. Steve Krug is preparing the
agenda memo.
Please call me if you have any questions regarding this matter.
Very truly yours,
en r A o Jers
on behalf of Robin G. Drage
RGD /frog
Enclosure
1111 11[1 1_oA%11:16 & U Il'oA, P.A.
STORMWATER UTILITY FEES CREDIT AGREEMENT
PARTIES
This Stormwater Utility Fees Credit Agreement (the Agreement ") is made and entered into on the L
day of `' In i , 2014 (the "Effective Date ") by Manheim Remarketing, LP, whose address is 6205
Peachtree Dunwoody Road FL 5, Atlanta, GA 303284524 ( "Owner") and the City of Ocoee, Florida ( "City")
whose address is 150 North Lakeshore Dr., Ocoee, FL 34761. In the remainder of this Agreement, Owner and
City shall be referred to collectively as the "Parties."
RECITALS
WHEREAS, Owner is responsible for the payment of stormwater utility fees ( "Fees ") to City for parcel
identification numbers 282219000000025 ( "Parcel #1 ") and 282219000000054 ( "Parcel #2 "); and
WHEREAS, Owner made payment for the Fees from 2006 through 2013 as reflected on Exhibit "A"
attached hereto and incorporated herein by this reference; and
WHEREAS, Owner overpaid the fees for Parcel #1 in the amount of Three Thousand Six Hundred Forty
Nine and 75/100 Dollars ($3,649.75); and
WHEREAS, Owner overpaid the fees for Parcel #2 in the amount of Eight Hundred Fifty Five Thousand
Forty Five and 89/100 Dollars ($855,045.89); and
WHEREAS, City has determined that Owner is due a credit in the amount of Eight Hundred Fifty Eight
Thousand Six Hundred Ninety Five and 64/100 dollars ($858,695.64) for the overpaid fees ( "Overpaid Fees ");
and
WHEREAS, the Parties now desire to fully compromise, finally settle and fully release all claims,
disputes and differences between the Parties and to set out the terms for a credit of the Overpaid Fees.
AGREEMENTS, RELEASES AND PROMISES
THEREFORE, in consideration of the facts and mutual general releases and promises contained herein,
and for other good and valuable consideration, the receipt of which is acknowledged by each party hereto, the
Parties promise and agree as follows:
The Parties agree that the Overpaid Fees shall be addressed as follows:
a. 2014 Fees Owner acknowledges that the Orange County Tax Collector has reimbursed
Owner One Hundred Fifty Five Thousand Four Hundred Ninety Three and 09/100s Dollars
($155,493.09) as directed by the City for the 2014 Fees for Parcel #1 and Parcel #2; and
b. 2015 -2018 Fees The Parties agree to credit Owner's stormwater utility fee account for
Parcel #1 and Parcel #2 as provided in Exhibit "B" attached hereto and incorporated
herein by this reference. Owner shall pay when due any correct amounts due and payable
for such Fees that exceed the credit amounts set forth in Exhibit "B" attached hereto and
incorporated herein by this reference.
2. Owner does further release and forever discharge City and each of the officers, attorneys,
representatives, assignees, agents, employees, and all persons acting by, through or in any way on
behalf of City, of and from any and all claims or debts, that Owner may now have or claim to have
against City, which arise from or are connected with or which could have been asserted in connection
with the Overpaid Fees.
MISCELLANEOUS.
a. It is expressly understood by the Parties that each Party shall bear its own costs and attorney's
fees in connection with the Overpaid Fees and this Agreement, and the Parties waive and release any
claims they otherwise have or may have had to such costs and attorneys fees.
b. This Agreement is entered into in the State of Florida and the Agreement and any rights,
remedies or obligations provided for in this Agreement shall be construed and enforced in accordance
with the laws of the State of Florida.
C. This Agreement shall be construed as if all Parties jointly prepared it, and any uncertainty or
ambiguity in the Agreement shall not be interpreted against any one Party.
d. The provisions of this Agreement are severable. If any portion, provision or part of this
Agreement is held, determined or adjudicated to be invalid, unenforceable or void for any reason
whatsoever, each such portion, provision or part shall be severed from the remaining portions,
provisions or parts of this Agreement and shall not affect the validity or enforceability of any remaining
portions, provisions or parts.
e. This Agreement shall not be altered, amended or modified by oral representation made before
or after the execution of this Agreement. All modifications must be in writing and duly executed by all
Parties.
f. The Parties acknowledge that this Agreement is executed voluntarily by each of them, without
duress or undue influence on the part of, or on behalf of any of them. The Parties further acknowledge
that they have or had the opportunity for representation in the negotiation for, and in the performance of,
this Agreement by counsel of their choice and that they have read this Agreement, and have had it fully
explained to them by their counsel and that they are fully aware of the contents of this Agreement and
its legal effect.
g. This Agreement shall be effective as a full and final accord and satisfaction and release of each
matter in connection with those matters set forth herein above and Owner waives any other claim or
right of resolution with respect to the Overpaid Fees.
h. This Agreement shall be binding on and shall inure to the benefit of the Parties and their
respective heirs, executors, administrators, agents, representatives, successors and assignees.
i. This Agreement may be executed in counterpart facsimile signatures and all such counterparts
shall constitute a single form of this Agreement.
j. Nothing contained in this Agreement shall be considered or deemed a waiver of City's
sovereign immunity protections as provided in Section 268.76, Florida Statutes, as may be amended
from time to time or as a waiver of any other defense or immunities to lawsuits.
SIGNATURES ON FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed on the
last day set forth below.
MANHEIM REMARKETING LP
Bye
Title L �
CITY:
CITY OF OCOEE, FLORIDA
in
S. Scott Vanderg rift, Mayor
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
20_
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 20_
UNDER AGENDA ITEM NO.
Shuffield Lowman & Wilson P.A.
By:
Scott A. Cookson, City Attorney
EXHIBIT "A"
STORMWATER UTILITY FEE EVALUATION
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EXHIBIT "B"
REIMBURSEMENT and FEE SCHEDULE
PARCEL #1
2015 Assessment Amount:
$14,334.78
City Credit Amount:
- 3,649.75
Remaining Balance Due:
$10,685.03
2016 + : Assessment Amount *:
$14,932.06
PARCEL #2
2015 Assessment Amount: $332,110.12
City Credit Amount - 855,045.89
Remaining Credit: $522,935.77
2016 Assessment Amount:
$332,110.12
City Credit Amount
- 522,935.77
Remaining Credit:
$190,825.65
2017 Assessment Amount:
$332,110.12
City Credit Amount:
- 190,825.65
Remaining Balance Due:
$141,284.47
2018 + : Assessment Amount *:
$345,948.04
*Early payment discount of 4% has not been included in the Assessment Amount
due, but will be applied, if appropriate.
u
6205 Peachtree Dunwoody Road
Atlanta, GA 30328
www.manheim.com
TO WHOM IT MAY CONCERN:
Re: Real Estate Tax Valuation Service
Tax Assessment Years: 2006 thru 2009
Fairfield, Cumberland County, New Jersey
This is to authorize the National Bureau of Property Administration, Inc. ( "Bureau "), Two
Prudential Plaza, Suite 2525, 180 North Stetson Avenue, Chicago, Illinois 60601 -6725
(telephone: 312- 861 -9300) to act as agent in our behalf, representing us in assessment matters
for the above- captioned property. Please make available to the Bureau all assessment
information from your office regarding this property, and in all matters pertaining to the
assessment treat the Bureau in the same manner, as you would treat us.
Signature: uhnU Q
Printed Name: mp+j yien I t M il Imo, r al�wt rz_m2i n l
Title: M'Ar QP�O� T$ f?MQ1 iZLC1M
Telephone: ((17P) 0 - ILNq
Subscribed and sworn to before me this day of 1 2007,
Notary Name: r ' { K" f E L i 2 -) 8 U eT14 y A & &
My Commission expires on
Seal:.
6205 Peachtree Dunwoody Road
Atlanta, GA 30328
www rnanheincom
TO WHOM IT MAY CONCERN:
Re: Real Estate Tax Valuation Service
Tax Assessment Years: 2009 thru 2013
Locations in;
California, Colorado, Florida, Georgia, Illinois, Maryland, Michigan, Minnesota,
Missouri, Nebraska, Nevada, New Jersey, New York Ohio, Oklahoma,
Pennsylvania, Tennessee, Texas, Virginia, Wisconsin, Washington
This is to authorize the National Bureau of Property Administration, Inc. ( "Bureau'), Two
Prudential Plaza, Suite 2525,, 180 North' Avenue, Chicago, Illinois 60601 -6725
(telephone: 312- 861 -9300) to act as agent in our behalf, representing us in assessment matters
for the above - captioned property. Please make available to the Bureau all assessment
information from your office regarding this property, and in all matters pertaining to the
assessment treat the Bureau in the same manner, as you would treat us.
Signature:
Printed Name_: (�b e,IOhe,nl
Title: M?ln?nger cf m x CO D ► r c - i n CP
Telephone: (C - E ,�� 5 - 2_tq )-I q
Subscribed and sworn to before me this day of , 2008.
Notary Name:
My Commission expires on
Seal:
Manheim
6205 Peachtree Dunwcody Road
Atlanta, GA 30328
www.manheim.com
TO WHOM IT MAY CONCERN:
Re: Real Estate Tax Valuation Service
Tax Assessment Years: 2014 thru 2018
Locations in;
California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Maryland,
Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York,
North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia,
Wisconsin, Washington
This is to authorize the National Bureau of Property Administration, Inc. (`Bureau ,, ), Two
Prudential Plaza, Suite 2525, 180 North Stetson Avenue, Chicago, Illinois 60601 -6725
(telephone: 312 - 861 -9300) to act as agent in our behalf, representing us in assessment matters
for the above - captioned property. Please make available to the Bureau all assessment
information from your office regarding this property, and in all matters pertaining to the
assessment treat the Bureau in the same manner, as you would treat us.
Signature:
Tele phone: •
�� ��'t ti.r ��r.U�rt � 11 1 ■' i! � ■�
Subscribed and sworn to before me this - 28 fn day of 2014.
Notary Name: W „6_p/A Q b
My Commission expires on 9_cgn _ji�
Seal:
co ir�n� 111a 3% 3034