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HomeMy WebLinkAboutItem #07 Approval of Settlement Agreement for Past Due Development Review Fees ocoee florida AGENDA ITEM COVER SHEET Meeting Date: December 15, 2015 Item # Reviewed By: Contact Name: Dana Crosby-Collier, Department Director: Scott Cookson, Assistant City Attorney City Attorney Contact Number: 407-581-9800 City Manager: Rob Frank Subject: Settlement Agreement for past due Development Review Fees Background Summary: In conjunction with the City's review of project SS-2008-005 for Shoppes at the Village owner, 3ustavo M. Romer, President, Romerca International, Inc. (Romerca), incurred development review fees in the amount of $4,693.65. The fees remain outstanding and, as part of the City's collection efforts, on September 29, 2015, the City Attorney's office sent a letter to the Romerca requesting payment. Romerca responded to the City Attorney's letter by requesting he pay fees on a monthly basis until paid in full. Romerca and the City Attorney's office ultimately agreed to present a settlement agreement to the City Commission to allow Romerca to pay $200.00 per month for 23 months and $93.65 as the final payment in month 24. If approved, the first payment is due on January 2, 2016. Issue: Should the City Commission approve the Settlement Agreement with Gustavo M. Romer, President, Romerca International, Inc., to allow 24 monthly payments until such time as the $4,693.65 debt is paid in full? Recommendations The City Attorney's office and the City's Finance Department recommend that the City Commission approve the Settlement Agreement with Gustavo M. Romer, President, Romerca International, Inc., to allow for 24 monthly payments until such time as the $4,693.65 debt is paid in full. Attachments: Settlement Agreement between Gustavo M. Romer, President, Romerca International, Inc., and the City of Ocoee. Financial Impact: None. Fees will be paid in full over a 24 month period. Type of Item: [ ] Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading x❑ Consent Agenda ❑ Ordinance First 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 (Two originals; return one to Mr. Romer) Reviewed by City Attorney Scott A. Cookson, Esq. ❑ N/A Reviewed by Finance Dept. ❑ N/A Reviewed by ( ) ❑ N/A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS PARTIES This Settlement Agreement(the "Agreement") is made and entered into on the last day set forth on the signature page hereto by Romerca International, Inc. ("Owner"), and the City of Ocoee, Florida ("City"), for the purpose of resolving by compromise settlement, all claims, liabilities, and disputes between the Parties. In the remainder of this Agreement, Owner and City shall be referred to collectively as the"Parties." RECITALS This Agreement is entered into with reference to the following facts: A. Development Review Fees ("Fees") were incurred during the review of an application for Shoppes at the Village, Parcel Identification Number 18-22-28-4100-00-160, Project # SS2008-005, account number 1408005, for development of property owned by Owner and payment was not made as required under the City code; B. Owner is responsible for the payment of the Fees to the City; and C. The Parties deem it to be in their respective best interests to settle this matter and to enter into this Agreement. The Parties, without in any way conceding the validity or sufficiency of any claim or contention of any or all the Parties, now desire to fully compromise, finally settle and fully release all claims, disputes and differences between the Parties. 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: 1. SETTLEMENT FUNDS. Commencing on January 2, 2016 and on or before the first day of each month thereafter, Owner will pay by certified check or wire transfer payable to the City of Ocoee and mailed to the attention of the City Attorney, Scott Cookson, Shuffield Lowman &Wilson, P.A., 1000 Legion Place, Suite 1700, Orlando, FL 32801, the total sum of $4693.65 (the "Settlement Funds"). The Settlement Funds shall be paid in twenty-three payments of $200.00 each with a final (twenty-fourth) payment of $93.65.The Settlement Funds shall be made payable to the City of Ocoee, Florida. Upon final payment of the Settlement Funds, City will accept the Settlement Funds as full and final settlement and satisfaction of all claims against Owner, arising or occurring prior to the effective date of this Agreement. 2. RECORDING OF LIEN. Owner acknowledges and agrees that City shall have the right to record a lien in the Public Records of Orange County, Florida against the subject property in the amount of$4693.65. City acknowledges and agrees that a release of lien shall be recorded in the Public Records of Orange County, Florida, once the final payment of the Settlement Funds is received and cleared by the City Finance Department. 3. MISCELLANEOUS. a. It is expressly understood by the Parties that each Party shall bear its own costs in connection with this Agreement, and the Parties waive and release any claims they otherwise have or may have had to such costs and attorneys fees. l 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, venue in Orange County, 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 binding on and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, agents, representatives, successors, and assignees. h. This Agreement may be executed in counterpart facsimile signatures and all such counterparts shall constitute a single form of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed on the last day set forth below. OWNER: • Hess Owner , Iness By: Title: Date: CITY: CITY OF OCOEE, FLORIDA By: Mayor ATTEST: Beth Eikenberry, 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 , 2015 LEGALITY this day of UNDER AGENDA ITEM NO. , 2015. Shuffield Lowman &Wilson, P.A. By: Scott A. Cookson, City Attorney