HomeMy WebLinkAboutR-2013-116 Authorized the Administration to Adjust, Reduce & Write-Off from City's Utility Accounts Receivable Records $143,607.01 from Derecktor of Florida from a July 31, 2013, Settlement Agreement RESOLUTION NO. 2013-116
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO
ADJUST, REDUCE AND WRITE-OFF FROM THE CITY'S UTILITY
ACCOUNTS RECEIVABLE RECORDS, THE AMOUNT OF $143,607.01
BILLED TO DERECKTOR OF FLORIDA, REFLECTING A JULY 31, 2013
SETTLEMENT AGREEMENT APPROVED BY THE CITY AND
DEREKCTOR OF FLORIDA, FOR OUTSTANDING CITY UTILITY
SERVICE BILLINGS; PROVIDNG FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 12, 2012 the City invoiced and recorded water and sewer
impact fees and estimated water usage fees in the amount of$506,607.01 to Derecktor of Florida
for past water and sewer service usage; and
WHEREAS, subsequent to this billing, City Management held discussions eventually
leading to negotiations with Derecktor of Florida for payment of these City Utility billings; and
WHEREAS,the City entered into a settlement agreement on July 31, 2013 for these past
water and sewer service billings with Derecktor of Florida, a copy of which is attached as
Exhibit"A"; and
WHEREAS, the City of Dania Beach and Derecktor of Florida have mutually agreed to
reduce the amount due to the City from $506,607.01 to $363,000.00;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above Whereas clauses are affirmed and incorporated into this
Resolution by reference.
Section 2. That the City Administration is authorized and directed to adjust, reduce,
and write-down the City's respective Utility Accounts Receivable records, by a total amount of
$143,607.01 previously billed to Derecktor of Florida, as a result of the above settlement
agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 24, 2013.
ATTEST:
LOUISE STILSON, CMC WALTE B. DUKE, III
CITY CLERK MAYO
o�aR°Is
APPROVED AS TO FORM CORRECTNESS:
THOMAS . AN R ,y
CITY ATTO Y
ATED 19�'
2 RESOLUTION#2013-116
SETTLEMENT AGREEMENT
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THIS IS AN AGREEMENT ("Agreement') made and entered into on July _,
2013, by and between the City of Dania Beach, Florida, a political subdivision of the State of
Florida ("City") and Derecktor-Gunnell, Inc., a Florida corporation d/b/a Derecktor of Florida,
Inc.("Derecktor").
WITNESS:
WHEREAS, Derecktor rates a
operates maritime facility looted at 775 Taylor Lane, Dania
Beach,Florida(the"Property");and
WHEREAS, a dispute has arisen between City and Derecktor regarding impact fees,
water usage fees, inspection and permits regarding water and sewer lines located at the Property;
and
WHEREAS, the City has inspected the Property and determined, after inspection, that
Derecktor's current water and sewer usage does not create a health hazard and will not require
additional permitting or additional inspection;and
WHEREAS, the City and Derecktor have agreed upon a sum certain to be paid by
Derecktor to City under the terms and conditions below set forth;and
WHEREAS,the City and Derecktor have amicably resolved their dispute, subject to the
City and Derecktor complying with the terms of this Agreement, as more particularly set forth
below;
NOW, THEREFORE, in consideration of the mutual obligations contained in this
Agreement, and in further consideration of the sum of$363,000.00 to be paid by Derecktor to
the City,the sufficiency of which is acknowledged and agreed upon,the parties agree as follows:
1. RECITALS: The above recitals are true and correct and are incorporated into
this Agreement by this reference.
2. PAYMENT: Derecktor agrees to pay to the City impact fees in the amount of
S228,200.00, and water usage fees in the amount of $134,800.00 under the terms of this
Agreement. Payments shall be made on a monthly basis commencing on the first (1st) day of
each calendar month following the execution of this Agreement, and monthly thereafter for a
period of fifty-nine(59)additional months in the amount of$6,050.00 per month, until the entire
sum of$363,000.00 is paid in fWL
3. I_ Payments received timely shall be at zero percent(00/*)interest.
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4. INSPECTIONS AND PERMITS: City agrees that there will be no additional
inspections of the Property required, nor permits necessary, for Derecktor to continue its
operation and usage of the City's water and sewer,unless Derecktor seeks to make any change or
alteration to its operations,including but not limited to any expansion of the facilities presently
existing.
S. CURRENT WATER USAGE: In addition to Derecktor paying the monthly
payments stated in Paragraph 2 above, Derecktor shall continue to pay monthly for its current
water and sewer usage.
6. UNPAID BALANCE CON3TITUT _ LIEN. The amounts due to the City
under Paragraph 2 above,and any applicable interest under Paragraph 7 below,shall constitute a
lien upon the Property owned by Derecktor for water and sewer services provided to the extent
of the total remaining unpaid balance due to the City and as specified in Section 27-26,Chapter
27, which Chapter is entitled "Water and Sewer", of the City of Dania Beach Code of
Ordinances.
7. DEFAULT; In the event that Derecktor fails to timely make any monthly
payment, City shall issue a Notice of Default to Derecktor, providing it with ten (10) business
days to remedy the default. If payment is not received by the City within ten(10)business days
after the issuance of a Notice of Default,the entire remaining unpaid balance owed the City shall
imrrr�iately become due and payable by Derecktor to the City. If,in the event the entire unpaid
balance owed the City immediately becomes due and payable, interest shall accrue at the rate of
one and one-half percent (1.516A)per calendar month, or on any portion of any calendar month.
Additionally, the City may foreclose the lien upon the Property for the entire remaining unpaid
balance due to the City, when delinquent for more than 30 days, in the manner provided by the
laws of Florida for the foreclosure of mortgages on real property.
& NOTICES: Any notices required under the teens and conditions of this
Agreement shall be provided in writing and sent by U.S.Mail,certified,return receipt requested,
or via e-mail transmission,as follows:
As to Derecktor: Derecktor-Gunnell,Inc.
775 Taylor Lane
Dania Beach,FL 33004
Attention: Ken Imondi
imondik@de-recktar-florida.com
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With a copy to: Thomas R. Shahady,Esq.
Kopelowitz Ostrow
200 S.W. 1"Avenue,Suite 1200
Fort Lauderdale,FL 33301
tshaha"kolawvers.com
As to City: Robert Baldwin,City Manager
City of Dania Beach
100 West.Dania Beach Blvd.
Dania Beach,FL 33004
rbaldwin a.cei daWa-beach.fl.us
With a copy to: Thomas J.Ansbro,Jr.,Esq.
100 W.Dania Beach Blvd.
Dania Beach,.FL 33004
tansbro0,ci.dania-beach.fl.us
9. ATTORNErS FEES: Should any litigation arise between the parties regarding
the conditions and provisions contained in this Agreement,then and in such event,the prevailing
parry shall be entitled to recover attorney fees and costs incurred in such litigation,including the
costs of appeal.
10. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement
between the parties and supersedes and cancels any other Agreement, representation, or
communication, whether oral or written, between the parties of it, relating to the transactions
contemplated in it or the subject matter to it.
11. HEADINGS: The section and subsection headings in this Agreement are
inserted for convenience only and shall not affect in any way the meaning or interpretations of
this Agreement.
12. GOVERNING LAW: This Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Florida.
13. ASSIGNMENT. SUCCESSOR: This Agreement shall inure to the benefit of,
and be binding upon,the parties and their successors and assigns; provided, however, that any
assignment by either party of its rights under this Agreement, without the written consent of the
other party shall be void. This Agreement shall be binding upon any successor of Derecktor and,
if Derecktor sells,transfers or conveys the Property,the successor shall be advised in writing that
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any remaining unpaid balance of the impact fees or water usage fees and interest, if applicable,
constitutes a lien upon the Property,as required by the City Ordinance referenced above.
14. COUNTERPARTS: This Agreement may be executed simultaneously in two or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one'and the same instrument.
15. VENUE: If litigation shall be instituted between the parties regarding the
provisions of this Agreement,venue shall be in Broward County, Florida.
16. FURTHER ASSURANCES: At any time, and from time to time, after the
effective date of this Agreement, each party will execute such additional instruments and take
such action as may be reasonably requested by the other party, to confirm or otherwise to carry
out the intent and purpose of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
effective on J#UGUST /&,2013.
Signed,sealed&delivered CITY OF DANIA BEACH,FLORIDA,
Mqp4ESSES: a Florida municipal corporation
0�-e By:
M
TURE. ` c ' N : ROB4WI-
SALDWIN
.sk�1" Title:CITY MANAGER
NT Name.
S ATCJIiho-A ATTEST:
PRINT Name
CA
LOUISE STILSON
car CITY CLERK
APPROVED AS TO FORM AND
CORRECTNES
Leo1%6MASh. ANINO
CITY ORNEY
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DERECKTOR-GUNNELL,INC.,a
FXorida Corpora n
�Ei2r"CK ia(Z u NN
SIGNATURE P N e•kr NFrN _4A .1 M o i 0
�/A ha D n OA
PVJMTName Title: c.
SIGNATURE
PRINT Name
STATE OF FLORIDA
COUNTY OF BROWARD J
The foregoing instrument was acknowledged before me on 2013,by
�NNETH A•imoij& , / IffW-rof DERECKTOR,a Florida corporation,on behalf
of the corporation, who is personally known to me or who has produced ,
as idea' id not)take an oath.
_? 13,?0 �'
08t706 OTARY PUBLIC
--,�"% r �s State of Florida at Large
+ + •
My ,\
�•STA[E �t�`��•
tl�tce//,q .j, u2Ness
��,�"""'•���+ PRINTED Name of Notary
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