Loading...
HomeMy WebLinkAboutR-1999-084 -r �� t ,_. • I r • RESOLUTION NO. 84-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE INTERNATIONAL GAME FISH ASSOCIATION RELATING TO THE SETTLEMENT OF THE INTERNATIONAL GAME FISH ASSOCIATION'S CLAIM REGARDING CLEAN AND USEABLE FILL UNDER THE DEVELOPER'S AGREEMENT DATED JANUARY 9, 1996; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That the proper City officials are authorized to execute that certain Settlement Agreement between the City of Dania Beach and The International Game Fish Association relating to the settlement of The International Game Fish Association's claim regarding clean and useable fill under the Developer's Agreement dated January 9, 1999, which Settlement Agreement is in substantial form as Exhibit "A", attached; provided, however, that the City Manager and City Attorney are authorized to make minor revisions to such Settlement Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 11th day of May, 1999. —COMMISSIONER ATTEST, / _ ROLL CALL: MAYOR BERTINO- YES SHERYL CH MAN VICE-MAYOR McELYEA-YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER ETLING-YES COMMISSIONER MIKES - NO APPROVED AS TO FORM AND CORRECTNESS: By: THOMAS J. A SBBRO CITY ATTORNEY RESOLUTION NO. 84-99 r s r _t 1 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT("Agreement") is made and entered into this day of May, 1999, by and between the City of Dania Beach, a Florida municipal corporation ("City"), and The International Game Fish Association, Inc. a Florida not-for-profit corporation, ("IGFA"). RECITALS A. On January 9, 1996 City and Coonas Property Company, for the benefit of IGFA, entered into a Developer's Agreement("Developer's Agreement") which in part provided for the following: The City agrees to, at no cost to Coonas, provides sufficient, clean and usable fill for the construction of the access road as described herein, as previously agreed to, and for the proposed IGFA and Tri Rail relocation site. The City agrees to commence the RFP for the fill operation no later than December I, 1996. B. A dispute arose between City and IGFA regarding the City's obligation to deliver sufficient,clean and usable fill for the purposed IGFA site. C. IGFA has asserted a claim against City for Three Hundred Two Thousand Dollars ($302,000.00) in damages resulting from City's alleged breach of the Developer's Agreement.City denies IGFA's assertion that City breached any obligation to IGFA under the Developer's Agreement. D. City and IGFA are desirous of settling this dispute on the terms set forth herein. NOW, THEREFORE, for and inconsideration of the foregoing premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Payment. City shall pay IGFA the sum of One Hundred Sixty Five Thousand Nine Hundred Sixty Dollars($165,960.00)("Settlement Amount")on or before February 15,2000. City's obligation to make payment is not conditioned upon Ryan Incorporated Eastern or any other party completing obligations to City by that time. 2. Release. City and IGFA shall exchange mutual releases in the form attached hereto as Exhibit"A." The City's executed release shall be held in escrow by Thomas R. Tatum,Esquire and the IGFA executed release shall be held in escrow by Paul Lopez, Esquire. The executed Releases shall be delivered from escrow to the releasee named in the respective releases upon City's payment of the Settlement Amount to IGFA. If City defaults in its obligation under this Agreement, then the executed releases shall be of no force and effect and shall not be delivered to the respective releasees. p� p it— F r 3. Attorney's Fees and Costs. City and IGFA shall bear their own costs and attorney's fees in connection with this dispute and this Agreement. 4. Default. City's failure to pay IGI-A the Settlement Amount on or before February 15,2000, shall constitute a default of this Agreement. If City does not cure such default by paying the Settlement Amount on or before March 1, 2000, then IGFA may elect either to: (a) file an appropriate pleading setting forth the event of the default accompanied by an affidavit verifying the occurrence of such default. IGFA shall then be entitled to a final judgment against City for the Settlement Amount; or(b)IGFA shall notify City in writing,on or before March 1,2000,of IGFA's election to terminate the Agreement. Upon that election,neither City nor IGFA shall have any rights or obligations to one another under this Agreement. 5. Restrictions. (a) This Agreement may not be used for any purpose whatsoever by either City or IGFA except as in connection with the enforcement of this Agreement. Neither the existence nor the terms of this Agreement shall be relevant or admissible in any judicial, quasi judicial or administrative proceeding wherein either City or IGFA are parties. (b) Neither City nor IGFA, through their respective officials,officers,directors, employees,agents or authorized representatives, shall comment in any manner whatsoever on the dispute,settlement negotiations or terms of settlement which is the subject of this Agreement. 6. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof;and,accordingly,this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In the event any term or provision of this Agreement is determined by appropriate judicial authority to be illegal or otherwise invalid,such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In construing this Agreement, the singular shall be held to include the plural, and the plural shall include the singular, the use of any gender shall include every other and all genders,and captions and paragraph headings shall be disregarded. (d) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement may not be changed,altered or modified except by an instrument in writing signed by all of the parties hereto. This 2 I t`- r _t r Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year first above written. SIGNED AND SEALED IN THE PRESENCE OF: ATTEST: CITY OF DANIA BEACH,a Florida municipal corporation By: MARIA JABALEE JOHN BERTINO CITY CLERK-AUDITOR MAYOR-COMMISSIONER SIGNED BY CITY ON: By: MICHAEL W. SMITH CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: By: THOMAS J. ANSBRO CITY ATTORNEY THE INTERNATIONAL GAME FISH ASSOCIATION, INC.,a not-for-profit corporation By: Name: Title: 41WR CUEM AMA4IVMNUNS'VAgY.3ETIl ALP 3/)rW 3 t- i w r -t GENERAL RELEASE RETURN TO: THOMAS R.TATUM,ESQ. BRINKLEY,McNERNEY,MORGAN, SOLOMON,&TATUM LLP PO BOX 522 FORT LAUDERDALE,FL 33302 THIS INSTRUMENT PREPARED BY: THOMAS R.TATUM,ESQ. BRINKLEY,McNERNEY,MORGAN, SOLOMON&TATUM LLP PO BOX 522 FORT LAUDERDALE,FL 33302 KNOW ALL MEN BY THESE PRESENTS: THAT the City of Dania Beach,a Florida municipal corporation,first party, for and in consideration of the sum of Ten Dollars, ($10.00)or other valuable considerations,received from or on behalf of The International Game Fish Association, Inc., a Florida not-for-profit corporation, second party,the receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives,and assigns of individuals,and the successors and assigns of corporations,wherever the context so admits or requires.) HEREBY remise,release,acquit,satisfy,and forever discharge the said second party,of and from all,and all manner of action and actions,cause and causes of action, suits,debts,dues, sums of money,accounts, reckonings, bonds, bills, specialties,covenants,contracts,controversies,agreements,promises,variances,trespasses,damages,judgments,executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now hag,or which any personal representative,successor,heir or assign of said first party,hereafter can,shall or may have,against said second party,for,upon or by reason of any matter,cause or thing whatsoever,from the beginning of die world to the day of these presents arising from the City of Dania Beach's obligation to provide sufficient,clean and usable fill for the proposed IGFA site pursuant to the Developer's Agreement dated January 9, 1996 by and between die City of Dania,a political subdivision in the State of Florida, and Coonas Property Company,a Florida corporation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this_day of May,A. D., 1999. Signed, sealed and delivered in presence of: ATTEST: CITY OF DANIA BEACH,a Florida Municipal corporation MARIA JABALEE By. JOHNERTINO CITY CLERK-AUDITOR MAY B MAYOR-COMMISSIONER f r t 7 SIGNED BY CITY ON: By: MICHAEL W. SMITH APPROVED FOR FORM AND CORRECTNESS: CITY MANAGER By: THOMAS J. ANSBRO CITY ATTORNEY STATE OF FLORIDA ) ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this_day of May, 1999, by _John Bertino, as Mayor-Commissioner of the City of Dania Beach on behalf of the corporation. He is personally known to me or who has produced his driver's license as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of May, 1999. Notary Public, State of Florida Printed name or stamp My Commission expires: (NOTARY SEAL) My Commission No. is: [Notary Signatory Follows) 2 .f L - r, t r i STATE OF FLORIDA ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this_day of May, 1999, by _Mike W. Smith,as City Manager of the City of Dania Beach, on behalf of the corporation. He is personally known to me or who has produced his driver's license as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of May, 1999. Notary Public,State of Florida Printed name or stamp My Commission expires: (NOTARY SEAL) My Commission No. is: G:IWPFILMCLIE SSWANIAISPORTSKIANS'PARK\GENERAL.RI:L 5(!N9 3 f r 7 r GENERAL RELEASE RETURN TO: THOMAS R.TATUM,ESQ. ` BRINKLEY,McNERNEY,MORGAN, SOLOMON,&TATUM LLP PO BOX 522 FORT LAUDERDALE,FL 33302 THIS INSTRUMENT PREPARED BY: THOMAS R.TATUM,ESQ. BRINKLEY,McNERNEY,MORGAN, SOLOMON&TATUM LLP PO Box 522 FORT LAUDERDALE,FL 33302 KNOW ALL MEN BY THESE PRESENTS: THAT the first patty, The International Game Fish Association, Inc. a not-for-profit corporation, for and in consideration of the sum of Ten Dollars, ($10.00) or other valuable considerations, received from or on behalf of City of Dania Beach,a Florida municipal corporation. second party,the receipt whereof is hereby acknowledged. (Wherever used herein the terms "first party"and "second party" shall include singular and plural, heirs, legal representatives,and assigns of individuals,and the successors and assigns of corporations,wherever the context so admits or requires.) HEREBY remise,release,acquit,satisfy,and forever discharge the said second party,of and from all,and all manner of action and actions,cause and causes of action,suits,debts, dues,sums of money, accounts, reckonings, bonds, bills, specialties,covenants,contracts,controversies,agreements,promises,variances,trespasses,damages,judgments,executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has`, or which any personal representative,successor,heiror assign of said first party,hereafter can,shall or may have,against said second party,for,upon or by reason of any matter,cause or thing whatsoever,from the beginning of the world to the day of these presents arising from the City of Dania Beach's obligation to provide sufficient,clean and usable fill for the proposed IGFA site pursuant to the Developer's Agreement dated January 9,1996 by and between the City of Dania,a political subdivision in the State of Florida, and Comas Property Company,a Florida corporation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this_day of May, A. D., 1999. Signed, sealed and delivered in presence of.. THE INTERNATIONAL GAME FISH ASSOCIATION, INC., a not-for-profit corporation By: 4- f L r T Y Name: Title: STATE,OF FLORIDA ) SS: COUNTY OF ) The foregoing instrument was acknowledged before me this_day of May, 1999, by , as of The International Game Fish Association, Inc. on behalf of the corporation. He/She is personally known to me or who has produced lus/her drivers license as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of May, 1999. Notary Public,State of Florida Printed name or stamp My Commission expires: (NOTARY SEAL) My Commission No. is: G.IWPr=. CLMM\DANIA�SPORTSMANS'PARKIGENEMI.7.REL snlvg f T 7 F ' BRINKLEY, MCNEHNEY, MORGAN, SOLOMON & TATUM, LLP ATTORNEYS AT LAW SUITE 1900 NEW RIVER CENTER 200 EAST LAS OLAS BOULEVARD W.MICHAEL BRINNLEY FORT LADDERDALR, FLORIDA 0030/-2200 KENNETH E. KEECHL DONALD J. LUNNY,JR, MICHAEL J. MCNERNEY. TELEPHONE (954)522.2200 PHILIP J. MORGAN • FACSIMILE(954)522.9123 HARRIS K. SOLOMON + email:IewM1Fm®brinkleymweme/com. ROBERTA G.STANLEY .. _ THOMAS R. TATUM MAILING ADDRESS: CHRISTOPHER M.TRAPANI POST OFFICE BOX 522 STEPHEN L.ZIEGLER FORT IADDB9DATA,I1o.EBA asOO2.06¢Q THOMAS J.ANSBRO June 11, 1999 MICHAEL BRINNLEY,JR. JOHN R.TATUM DAVID,F. HANLEY (1926.1995) KENNETH J.JOYCE SHERRY D. MCMILLAN Amy R. REECN LINDSEY A.PAYNE (OF COUNSEL) SHERYL T.SIMON JONATHAN M.STREISFELD MARC K.SWICNLE SEAN L. WILSON ♦BOARD CERTIFIED BUSINESS LITIGATION-^ YER •BOARD CERTIFIED REAL ESTATE LAWYER N BOARD CERTIFIED MARITAL ANO FAMILY LAWYER PAUL LOPEZ ESQ TRIPP SCOTT CONKLIN& SMITH REPUBLIC TOWER FIFTEENTH FLOOR 110 SOUTHEAST SIXTH STREET FORT LAUDERDALE FL 33301 Re: City of Dania Beach/Intemational Game Fish Association("IGFA"). Dear Paul: I enclose the following documents in connection with the consummation of the settlement between the City of Dania Beach and the International Game Fish Association: 1. Copy of Resolution No.84-99 authorizing the execution of the Settlement Agreement. Please have an authorized representative of the International Game Fish Association,Inc.execute both Settlement Agreements: Please return one fully executed Settlement Agreement and the executed General Release to me. Thank you for your cooperation. I am sure we will speak near the end of the year with respect to the timing of the payment. If you have questions in the meantime,please contact me. 2. A fully executed General Release from the City of Dania Beach to the International Game Fish Association, Inc. The Release is delivered to you in escrow pending an authorized representative of the International Game Fish Association, Inc.'s execution of the enclosed General Release from the International Game Fish Association, Inc. to the City of Dania Beach. Z'�R ouTRT:Is TATUM Enclosures cc: Charlene Johnson,/ Deputy City Clerk Thomas J. Ansbro, Esq. I BAH II I'Al UF%T1DA\IA Il,m'IUPFlA LTR M1 I'., f ` a a.