HomeMy WebLinkAboutItem #03 Settlement Agreement w/ Vine of Life Ministries, Inc.
: FOLEY
AGENDA ITEM COVER SHEET
Meeting Date: March 7, 2006
Item # 3
Contact Name:
Contact Number:
John R. Hamilton
(407) 244-3263
Reviewed By:
Department Director:
City Manager:
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Subject: Settlement Agreement with Vine of Life Ministries, Inc.
Background Summary:
Code Enforcement Officers of the City cited Guy lanello, Catherine Ayler, Vine of Life Ministries,
Inc., and True Ministries, Inc., for alleged code violations arising out of their use of seven residential
properties within the City. Six of the parcels are located on Idaho Court, and the remaining parcel
is located on Leslie Ann Lane. The nature of the alleged code violations concerned the use of the
properties for housing participants in, and conducting activities for, a drug- and alcohol-treatment
program known as the Total Freedom Program. The property owners challenged the Notice of
Violation by threatening to commence a federal court challenge against the City, contesting the
validity of the Notice under the federal constitution and federal statutes. With the approval of the
City Manager, a settlement was negotiated with the property owners. The Settlement Agreement
has now been executed by the property owners.
Issue:
Whether to approve the Settlement Agreement and to authorize the Mayor to sign the Agreement
on the City's behalf.
Recommendations
It is recommended that the City approve the Settlement Agreement and authorize the Mayor to sign
the Agreement on the City's behalf. The Settlement Agreement will prohibit the property owners
from using the property in a way that violates the Code, yet preserve their ability to use the property
for the purposes permitted by federal statutory and constitutional law. The Agreement also
resolves this controversy without the need for litigation.
Attachments:
A copy of the proposed Settlement Agreement, executed by the property owners, is attached
hereto.
Financial Impact:
The City's approval of the proposed Settlement Agreement resolves this dispute in a manner that
does not require the City to incur the costs, expenses, and attorneys' fees that would arise from
litigation.
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SETTLEMENT AGREEMENT
T~I~ SETTLEMENT AGREEMENT (this "Agreement") is made and entered into as
of the ~~ay of ThC~Al$.!~005 ("Effective Date") by and among GUY IANELLO,
CATHERINE AYLER, VINE OF LIFE MINISTRIES, INC., and TRUE MINISTRIES,
INC., (hereinafter referred to collectively as the "Owners") and the CITY OF OCOEE, a
Florida municipal corporation (hereinafter referred to as the "City").
W!TNE~~E TH:
WHEREAS, one, some, or all of the Owners own residential property within the
corporate limits of the City of Ocoee, as more particularly described in Exhibit "A", attached
hereto and made a part hereof by this reference, and having the following street addresses: (a)
1000 Idaho Court (the "1000 Property"), (b) 1002 Idaho Court (the "1002 Property"), (c) 1003
Idaho Court (the "1003 Property"), (d) 1005 Idaho Court (the "1005 Property"), and (e) 1011
Idaho Court (the "1011 Property") (each individually is a "Residential Property," and together
collectively, the "Residential Properties"); and
WHEREAS, one, some, or all of the Owners own other property within the corporate
limits of the City of Ocoee, as more particularly described in Exhibit "B", attached hereto and
made a part hereof by this reference, and having the following street addresses: (f) 1881 Leslie
Ann Lane (the "1881 Property"), and (g) 1001 Idaho Court (the "1001 Property") (collectively,
the Residential Property, the 1881 Property, and the 1001 Property are referred to as the
"Property"); and
WHEREAS, the Owners provide housing at the Residential Properties for members of
the Total Freedom Program (the "Program"), the members of which are all individuals
recovering from drug addiction or alcoholism; and
WHEREAS, the Owners allow the residents of the Residential Properties to gather and
meet at the 1001 Property; and
WHEREAS, the City has received complaints from neighboring residents regarding the
Owners' use of the Property; and
\VHEREAS, the Owners have been cited with certain code violations by the City as more
particularly described in the Notice of Violation, a copy of which is attached as Exhibit "C" and
by this reference made a part hereof (the "Notice of Violation"); and
WHEREAS, the City has withdrawn the Notice of Violation in anticipation ofthe parties
entering into this Agreement; and
WHEREAS, the parties to this Agreement desire to avoid litigation between them
regarding the use of the Property; and
006.385839.1
WHEREAS, subject to the terms and conditions set forth herein, the Owners and the City
have agreed to resolve the dispute concerning the Notice of Violation.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference.
Section 2. Representations of Owners. The Owners hereby warrant and represent
to the City as follows:
(a) That the 1001 Property is used as a meeting place for members of the
Program living in the Residential Properties.
(b) That the Owners encourage such members of the Program to gather, have
meetings, and attend functions at the 1001 Property (the "Program Activities").
(c) That the Owners do not engage in any business, occupation, or profession
at the 1001 Property.
(d)
Property.
That the Owners do not conduct any commercial activities at the 1001
( e) That the Residential Properties are used solely for residential purposes,
they do not operate as "Community Residential Homes," as defined under Chapter 419,
Florida Statutes, and they shall be treated as any other residential properties within the
City.
(f) That the expansion and renovation of the 1881 Property is intended solely
for personal use of Guy Ianello, Catherine Ayler, or both, and not to be used for Program
Activities.
Section 3. Residential Use of the Property. The Owners will use the Residential
Property solely for residential purposes in accordance with the City Code. The Owners will not
operate any of the Residential Properties as a "Community Residential Home," as defined under
Chapter 419, Florida Statutes without first obtaining any required licenses or approvals. The
Owners will not conduct any Program Activities at the Residential Properties, the 1881 Property,
or the 1011 Property.
Section 4. Expansion of 1881 Property. The Owners will not use any part of the
1881 Property, or any expansion or renovation thereof, for Program Activities.
Section 5. No Trespass on Neii!hborini! Property. The Owners will instruct
members of the Program not to trespass on any private property in connection with traveling to or
from any of the Residential Properties or the 1001 Property.
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Section 6. Withdrawal of Notice of Violation. The Notice of Violation will remain
withdrawn so long as the Owners abide by the terms of this Agreement, and their use of the
Residential Properties, the 1001 Property, the 1881 Property, and the 1011 Property complies
with the City Code.
Section 7. Non-Waiver of Code. Nothing contained herein shall be construed to be
a waiver of any provision of the City Code or of any applicable laws, statutes, ordinances, rules
and regulations affecting the Property and the development thereof.
Section 8. Applicable Law. This Agreement and the provisions contained herein
shall be construed, controlled, and interpreted according to the laws of the State of Florida.
Section 9. Af!reement: Amendment. This Agreement constitutes the entire
agreement between the parties, and supersedes all previous discussions, understandings and
agreements, with respect to the subject matter hereof. Any amendment to, or waiver of, the
provisions of this Agreement shall be made by the parties in writing by formal amendment,
signed by the parties.
Section 10. Bindinf! on Successors and Assif!ns. This Agreement shall inure to the
benefit of and shall be binding upon the parties hereto and their respective successors and
assIgns.
Section 11. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original but all of which together shall
constitute one and the same instrument.
Section 12. Captions. Captions of the Sections and Subsections of this Agreement
are for convenience and reference only, and the words contained therein shall in no way be held
to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
Section 13. Severability. If any word, sentence, phrase, paragraph, provision, or
portion of this Agreement is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity ofthe remaining portion hereof so long as
the purpose and intent of this Agreement can still be achieved.
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IN WITNESS WHEREOF, the Owners and the City have caused this instrument to be
executed by their duly authorized elected officials, partners, and/or officers as of the day and year
first above written.
Signed, sealed and delivered
in the presence of:
Print Name G-t...I{ r~ .:::c-A,v,vz (( '-'
Print Name t! An-Ie../Ci.vt Ayl.tR
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Print Name b1../7' ~ 14 Al,JLLl (,)
Print Name [...u-{ r::
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OWNERS:
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STATE OF FLORIDA
COUNTY OF ()t-r~(\ 3((-
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County
aforesaid to take acknowledgments, personally appeared GUY IANELLO, who ~ is personally known to me or
LJ produced as identification, and that he acknowledged executing the
same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein
~~ ~
WITNE~~my hand and official seal in the County and State last aforesaid this L day of
Df (f/lI ~l:/ 'l- 2005.
fNet~
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Name of ot
Commission Number (if not legible on seal):
CARLA A MAKEY
MY COMMISSiON # DD428406
EXPIRE', tv,"y 11.2009
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My Commission Expires (if not legible on seal):
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 CA THERINE AYLER, who rMl<1' is personally known to
me or LJ produced as identification, and that ~cknowledged executing
the same in the presence of two subscribing witnesses, freely and voluntarily, for the uses and purposes therein
expressed.
9~
WITN:~S my hand and official seal in the County and State last aforesaid this _ day of
p~a:l;? 138'- , 2005.
Name of
Commissi
My Commission Expires (if not legible on seal): 0" -If - t:::.9
006.385839.1
5
I HEREBY CERTIFY on this day, before me, an officer du
aforesaid to take acknow1edgmen personally appeared
of VINE OF L MINISTRIES, INC.
is personally known to me or LJ produce
acknowledged executing the same on behalf of sa corpora.
and voluntarily, for the uses and purposes therein expr
authorized in the State and County
as the
10rida not for profit corporation who LJ
as identification, and that he
in the presence of two subscribing witnesses, freely
STATE OF FLORID
COUNTY OF ORANGE
WITNESS my hand
,2005.
ty and State last aforesaid this _ day of
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on 1):
this day, before me, an officer du1
aforesaid to take acknowledgments, p onally appeared , as the
of TRUE MINI ES, INC., a F10 . a not for profit corporation who LJ is
personally known to me or LJ produced as identification, and that he
acknowledged executing the same on behalf of said corp . n in the presence of two subscribing witnesses, freely
and voluntarily, for the uses and purposes therein expre a.
WITNESS my hand
,2005.
Signature of Notary
Name of Notary (Typed, Printed or tamped)
Commission Number (ifnot legible on s
My Commission Expires (if not legible on se :
006.385839.1
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CITY:
Signed, sealed and delivered
in the presence of:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
Print Name:
Attest:
Beth Eikenberry, City Clerk
Print Name:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
Approved as to form and legality this
_ day of , 2005.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
2005 UNDER AGENDA
ITEM NO.
FOLEY & LARDNER LLP
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 BETH EIKENBERRY, personally known to me to be the Mayor and
City Clerk, respectively, of the CITY OF OCOEE, FLORIDA and that they severally
acknowledged executing the same in the presence of two subscribing witnesses, freely and
voluntarily under authority duly vested in them by said municipality.
WITNESS my hand and official seal in the County and State last aforesaid this_
day of ,2005.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
006.385839.1
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EXHIBIT A
1000 Property:
Lot 44, Nancy Ann Woods, according to the plat thereof as recorded in Plat Book 10,
Page 116, Public Records of Orange County, Florida
1002 Property:
Lot 45, Nancy Ann Woods, according to the plat thereof as recorded in Plat Book 10,
Page 116, Public Records of Orange County, Florida
1003 Property:
Lot 42, Nancy Ann Woods, according to the plat thereof as recorded in Plat Book 10,
Page 116, Public Records of Orange County, Florida
1005 Property:
Lot 41, Nancy Ann Woods, according to the Plat thereof as recorded in Plat Book 10,
Page 116, Public Records of Orange County, Florida
1011 Property:
Lot 38, Nancy Ann Woods, according to the plat thereof as recorded in Plat Book 10,
Page 116, Public Records of Orange County, Florida
006.385839.1
EXHIBIT B
1881 Property:
Lot 1, Nancy Ann Woods, according to the plat thereof as recorded in Plat Book 10, Page
116, Public Records of Orange County, Florida
1001 Property:
Lot 43, Nancy Ann Woods, according. to the plat thereof as recorded in Plat Book 10,
Page 116, Public Records of Orange County, Florida
006.385839.1