HomeMy WebLinkAboutItem V (B) Approval of Settlement Agreement Documents Case No. CI93-245 with Orange County 1. Settlement Agreement between the City of Ocoee and Orange County AGENDA 2-1-S4
Item V B 1
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SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is made and entered into this
day of , 1994, by and between ORANGE COUNTY,
FLORIDA, a political subdivision of the State of Florida (the
"County") and the CITY OF OCOEE, a Florida municipal corporation
(the "City") .
RECITALS
WHEREAS, there is an action pending in the Circuit Court
of the Ninth Judicial in and for Orange County, Florida, styled
Orange County, Plaintiff vs. City of Ocoee, Defendant, being Case
Number CI 93-245 (the "Lawsuit") under which the County is seeking
review by certiorari of certain ordinances enacted by the City of
Ocoee which annex certain property into the City and rezone said
property; and
WHEREAS, in an effort to reconcile all disputes
concerning certain ordinances enacted by the City which have been
challenged in the Lawsuit, City and County intended to enter into
a certain Joint Planning Area Agreement between Orange County and
the City of Ocoee In Furtherance Of Settlement Of Litigation
Between The Parties ("Joint Planning Area Agreement") , a copy of
which is attached hereto as Exhibit "A" and by this reference made
a part hereof; and
WHEREAS, the parties desire to reconcile all disputes
concerning all ordinances enacted by the City which have been
challenged in the Lawsuit except for the following ordinances:
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City Ordinance Nos. 92-72, 92-73, 92-74, 92-75, 92-76, and 92-77;
and
WHEREAS, County and City have been involved in
negotiations for several months during which certain statements
have been made at meetings by staff, or the respective governing
bodies, all as part of settlement negotiations; and
WHEREAS, it is the intention of County and City that any
and all statements or other communications so made during
settlement negotiations and meetings leading up to the negotiation
of the terms and conditions of the Joint Planning Area Agreement
shall be privileged and considered part of settlement negotiations
and shall be inadmissible for any purpose in this Lawsuit.
NOW THEREFORE, in consideration of the covenants made by
each party to the other and the mutual advantages to be realized by
the parties hereto and of other good and valuable consideration,
the receipts and sufficiency of which is hereby acknowledged,
County and City hereby agree as follows:
1. The above recitals are true and correct and are
incorporated herein by reference.
2 . City and County hereby approve the Joint Planning
Area Agreement in the form attached hereto as Exhibit "A" and
authorize execution thereof by the County Chairman and Clerk of the
County Commission as to the County and the Mayor and City Clerk of
the City as to the City.
3 . City and County hereby approve the Joint Motion,
including the Stipulated Partial Final Judgment, attached hereto as
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Exhibit "B" and by this reference made a part hereof and authorize
and direct their respective legal counsel to file said Joint Motion
in connection with the Lawsuit.
4. All statements or other communications so made
during settlement negotiations and meetings between County and City
culminating in the Joint Planning Area Agreement and this
Settlement Agreement shall be privileged and considered part of
settlement negotiations and shall be inadmissible for any purpose
in the Lawsuit.
5. The execution of this Settlement Agreement and the
entry of the Stipulated Partial Final Judgment shall not be deemed
to constitute a waiver of City's or County's rights to enforce any
and all of the provisions of the Joint Planning Area Agreement in
accordance with the terms and conditions thereof.
6. This Settlement Agreement and the terms of the
settlement, including the Joint Planning Area Agreement and the
terms thereof, have been approved by the governing bodies of the
City and County at advertised public hearings as required by and in
accordance with the provisions of Section 164 . 106 (1) , Florida
Statutes.
7. The date of last execution by a party hereto shall
be the date of this Settlement Agreement and such date shall be
inserted on the first page hereof.
8. In the event the Lawsuit is not settled between the
City and the County with respect to the Disputed Annexation Areas
within 90 days after the Effective Date of this Settlement
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Agreement, then in such event, the Disputed Annexation Areas shall
not be included in the transition zones provided for in Section
9.D. (4) of the Joint Planning Area Agreement.
IN WITNESS WHEREOF, the County and City have executed
this Settlement Agreement on behalf of the County and City,
respectively, and have set their seals hereto as of the date set
forth above.
ORANGE COUNTY, FLORIDA
By:
Chairman
Executed on:
ATTEST:
Martha O. Haynie,
County Comptroller as
Clerk of the Board of
County Commissioners
By:
Deputy Clerk
FOR THE USE AND RELIANCE OF APPROVED BY THE ORANGE COUNTY
ORANGE COUNTY ONLY. APPROVED COMMISSION AT A MEETING HELD ON
AS TO FORM. , 1994, UNDER
AGENDA ITEM NO.
, 1994
By:
Alison M. Yurko
Assistant County Attorney
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ATTEST CITY OP OCOEE, FLORIDA
BY:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
Executed on
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA,
APPROVED AS TO FORM AND LEGALITY
this day of , 1994.
FOLEY & LARDNER
By:
City Attorney
CMVP511DOCS000FEANWEITLE.AGR I I/26d%r I DB IJPHO:db
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EDIT A
This exhibit to the Settlement Agreement is:
Joint Planning Area Agreement
Between Orange County and the City of Ocoee in
Furtherance of Settlement of Litigation Between the Parties
See JPA elsewhere in this agenda item.
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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
ORANGE COUNTY, a political
subdivision of the State
of Florida,
CASE NO. CI 93-245
Plaintiff,
vs.
CITY OF OCOEE, a
municipal corporation,
Defendant.
JOINT MOTION
The parties, by and through their undersigned attorneys,
respectfully move for the entry of the foregoing Stipulated Partial
Final Judgment this day of
, . 1994.
Orange County Attorneys Office
Orange County Administration Center
P.O. Box 1393
Orlando, Florida 32802-1393
(407) 836-7320
Attorney for Defendant,
Orange County
By:
A. Bryant Applegate JOHN P. HORAN
Assistant County Attorney Florida Bar No. 229830
Florida Bar No. 346926 . FOLEY & LARDNER
111 North Orange Avenue
Suite 1800
Post Office Box 2193
• Orlando, Florida 32802-2193
Telephone: 407/423-7656
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C:1WPSINDOCSVC0EL,NNU0ENT.MO 1itO/94 I DB7PHO:db
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO. CI93-245
ORANGE COUNTY, FLORIDA,
a political subdivision
of the State of Florida,
Plaintiff,
vs .
CITY OF OCOEE,
a municipal corporation,
Defendant.
STIPULATED PARTIAL FINAL JUDGMENT
This matter comes before the Court on the parties ' Joint
Motion, and the Court, being advised that parties have entered
into a Settlement Agreement attached hereto as Exhibit "1" (the
"Settlement Agreement") and being otherwise fully advised in
the premises, it is hereby
ORDERED AND ADJUDGED:
1 . All claims concerning the following challenged
ordinances of the City of Ocoee are hereby dismissed with
prejudice and Judgment of Dismissal is hereby entered thereon:
City of Ocoee Ordinance Nos . 92-32, 92-34, 92-36, 92-38, 92-42,
92-44, 92-46, 92-50, 92-54, 92-56, 92-60, 92-33, 92-35, 92-37,
92-39 , 92-43 , 92-45, 92-47, 92-51, 92-55, 92-57, and 92-61.
Orange County, Florida, shall bring no further action seeking
to challenge the aforesaid ordinances .
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2. The entry of this Stipulated Partial Final Judgment
shall have no effect on Orange County, Florida' s claims
challenging City of Ocoee Ordinance Nos. 92-72, 92-73, 92-74,
92-75, 92-76, and 92-77.
3 . Nothing in this Stipulated Partial Final Judgment
shall preclude either party from enforcing the terms of the
attached Settlement Agreement, and the Joint Planning Area
Agreement attached as Exhibit "A" thereto, as it may from time
to time be amended ("The Joint Planning Area Agreement") by the
filing of a subsequent legal action.
4 . The Settlement Agreement and its exhibits,
(specifically including the Joint Planning Area Agreement) , are
attached hereto as Exhibit "1" and incorporated herein by
reference.
5 . Breach of the Settlement Agreement and/or the Joint
Planning Area Agreement, and any subsequent action to enforce
said agreements, shall not vacate or effect the finality of
this Stipulated Partial Final Judgment .
6 . Each party shall bear its own attorney' s fees and
costs .
7. The parties may, from time to time, amend the Joint
Planning Area Agreement without any further action by this
Court.
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DONE AND ORDERED this day of , 1994, in
Orlando, Orange County, Florida.
Circuit Court Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing has been furnished by U. S. Mail this day
of , 1994 to JOHN HORAN, ESQ. , Foley & Lardner, 111 N.
Orange Avenue, Suite 1800, Orlando, Florida 32801; A. BRYANT
APPLEGATE, Assistant County Attorney, Orange County Attorney' s
Office, P.O. Box 1393, Orlando, Florida 32802-1393; and to
MIRANDA F. FITZGERALD, Attorney, Lowndes, Drosdick, Doster,
Kantor & Reed, P.A. , Post Office Box 2809, Orlando, Florida
32802.
Judicial Assistant
AMY: sac5809 01/24/94
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