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Item #02 Approval of Settlement Agreement for Past Due Development Review Fees ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 5, 2016 Item # 2 Reviewed By: Dana Crosby-Collier, Scott Cookson, Contact Name: Assistant City Attorney Department Director: City Attorney Contact Number: 407-581-9800 City Manager: Rob Fr • Subject: Settlement Agreement for past due Development Review Fees Background Summary: In conjunction with the City's review of project AX-05-08-25 for West Colonial Parcel (parcel numbers 30-22-28-0000-00-002 and 30-22-28-0000-00-035), the owners incurred development review fees in the amount of $6,528.99. The current owner, Tony Ray, has requested the City Commission approve a Settlement Agreement in the amount of 50% or $3,264.50. A standard settlement agreement was drafted by the City Attorney's office, signed by the owners, and submitted to the City of Ocoee for approval by the City Commission. $3,264.50 was paid to the City on December 1, 2015. Issue: Should the City Commission approve the Settlement Agreement with Tony and Mary Ray, to settle the past due development review fees for $3,264.50? Recommendations The City Attorney's office and the City's Finance Department recommend that the City Commission approve the Settlement Agreement with Tony and Mary Ray to settle the past due development review fees for $3,264.50. Attachments: Settlement Agreement between Tony and Mary Ray and the City of Ocoee. Financial Impact: The settlement is at 50% of the balance due; however, settling the matter at 50% will avoid additional collection costs to the City, including possible litigation. Type of Item: [ ] Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading x[g] 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 Reviewed by City Attorney Sc. ookson, Esq. ❑ N/A Reviewed by Finance Dept. 4i ❑ N/A Reviewed by ( ) 1 l' ❑ N/A SETTLEMENT AGREEMENT PARTIES This Settlement Agreement (the Agreement') is made and entered into on the last day set forth on the signature page hereto by Tony and Mary Ray ("Owner"), and the City of Ocoee, Florida ("City") for the purpose of resolving by compromise settlement, all claims, liabilities, and disputes between the Parties as it relates to Project #AX-05-08-25. 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 West Colonia Parcel, Project#AX-05-08-25, for development of property with parcel identification numbers 30-22-28- 0000-00-002 and 30-22-28-0000-00-035, and payment was not made as required under the City code. B. Owner is responsible for the payment of the Fees to the City; C. The Parties deem it to be in their respective best interests to settle and compromise 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. On December 1, 2015, Owner paid to the City of Ocoee the total sum of Three Thousand Two Hundred Sixty Four Dollars and fifty cents ($3,264.50) (the "Settlement Funds"). Upon payment of the Settlement Funds and acceptance of this Agreement by the City Commission, the Settlement Funds will be accepted as full and final settlement and satisfaction of all claims against Owner, arising or occurring solely in relation to review of Project AX-05-08-25. 2. CITY RELEASE. City does further release and forever discharge Owner, successors, and assignees, and all persons acting by, through or in any way on behalf of Owner, of and from any and all claims and debts and causes of action of any kind or nature that City may now have or claim to have against Owner which arise from or are connected with or which could have been asserted in connection with past due fees incurred during the review of Project AX-05-08-25. 3. OWNER RELEASE. 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 this matter. 4. MISCELLANEOUS. a. It is expressly understood by the Parties that each Party shall bear its own costs in connection with the Dispute 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. 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 effective as a full and final accord and satisfaction and release of each matter in connection with those matters set forth herein above. 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. This Agreement may be executed in counterpart facsimile signatures and all such counterparts shall constitute a single form of this Agreement. SIGNATURES ON FOLLOWING PAGE • IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed on the last day set forth below. Witness: OWNER: TONY RAY Ake +1 I • :.w rin Na e: (\ND h By: A = =•= Its: Print Name: Pt. << «�- Witness: OWNER: MARY RAY 772411 Print Nam : �H ;c; CC(I C c.— By: /�jARy�'gip/ Its: ` Print Name(- i.( rcL ;� LISA NOT LESSARO Y PUB �r+L AR �: STATE OF FLORIDA 14"`1 ' Commit FF148898 Expires 8/7/2018 CITY: CITY OF OCOEE, FLORIDA By: Rusty Johnson, 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 , 20_ LEGALITY this day of UNDER AGENDA ITEM NO. 20 Shuffield Lowman &Wilson P.A. By: Scott A. Cookson, City Attorney Commercial/ OCPA Web Map Major Roads — — Proposed Roa Block Line Institutional Hydro Golf Course kJFlorida tiovernmentau Lakes and turnpike Public Roads _Brick Road Lot Line Institutional/ Waste Land,. 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