The URL can be used to link to this page

Home My WebLink AboutR-97-81 RESOLUTION R- 9 7- 8 t A RESOLUTION OF THE CITY OF SEBASTIAN, ~NDTA~ RTVER COUNTY FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, AND INDIAN RIVER COUNTY TO RESOLVE ALL CLAIMS, KNOWN AND UNKNOWN, ARISING OUT OF A UTILITY AGREEMENT RELATING TO A WATER AND WASTE WATER TREATMENT FACILITY LOCATED IN THE CITY OF SEBASTIAN, INCLUDING A SUIT FILED BY CITRUS UTILITIES, INC.; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, CITRUS UTILITIES, INC., has sought to collect monies pursuant to a Utility Agreement related to a waste water treatment facility located in the CITY OF SEBASTIAN through a lawsuit filed against the CITY OF SEBASTIAN, GENERAL DEVELOPMENT UTILITIES, and INDIAN RIVER COUNTY entitled Citrus Utilities~. _Inc. v. General Development Utilities, Inc., City of Sebastian and In_dian River County, Ca~e No. 94-0202-CA- 03. WHEREAS, the CITY OF SEBASTIAN may be liable to CITRUS UTILITIES, INC., for $77,000 (Seventy Seven thousand dollars), plus, the reasonable attorney's fees of opposing counsel and costs. WHEREAS, the proposed settlement agreement releases the City of Sebastian from liability to CITRUS UTILITIES, INC. and INDIAN RIVER COUNTY, from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDIAN RIVER COUNTY or all liabilities of relating directly or indirectly to the Utility Agreement, the aforementioned filed lawsuit, the waste water treatment facility located in the CITY OF SEBASTIAN, and any and all matters, up to the date of the settlement agreement, including but not limited to, the potential liability to CITRUS UTILITIES, INC., as a named Defendant in the aforementioned lawsuit, for $77,000 (Seventy Seven thousand dollars), plus, the reasonable attorney's fees of opposing counsel and casts. WI:rEREAS, the proposed settlement agreement releases the CITY OF SEBASTIAN from liability to GENERAL DEVELOPMENT UTILITIES from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDIAN RIVER COUNTY relating directly or indirectly to the Utility Agreement, the aforementioned filed lawsuit and the waste water treatment facility located in the CITY OF SEBASTIAN. WEIEREAS, the CITY OF SEBASTIAN desires to enter into a settlement agreement which would fully and finally release the CITY OF SEBASTIAN from all liabilities for any and all differences, claims or events whether known or unknown, suspected or unsuspected, between CITRUS UTILITIES, INC., GENERAL DEVELOPMENT UTILITIES, and INDIAN RIVER COUNTY related to the Utility Agreement and the aforementioned lawsuit, and the waste water treatment facility located in the CITY OF SEBASTIAN including but not limited to the claim brought by CITRUS UTILITIES, INC., for $77,000 (Seventy Seven thousand dollars), plus, the reasonable attorney's fees of opposing counsel and costs. NOW, TllEREFORE, BE IT RESOLVED BY TIlE COUNCiL OF THE CITY OF SEBASTIAN, ]>l)I31q ~ COUNTY, FLORIDA, as follows: Section 1. AUTHORIT__,ATION. The CITY 0fSEBASTIAN Council hereby authorizes the Mayor to enter into a settlement agreement ("Exhibit A") with CITRUS UTILITIES, INC. and INDIAN RIVER COUNTY and GENERAL DEVELOPMENT UTILITIES, INC. ("hereinafter, 2 collectively referred to as the parties") to settle fully, finally any and ail differences, any and ail claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS UTILITIES, INC., GE3qERa~ DEVELOPMENT UTILITIES, and INDIAN RIVER COUNTY and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and representatives relating directly or indirectly to the Utility Agreement, the lawsuit entitled ~itrus Utilities, Inc. v. Generai Development Utilities, Inc.~ C[t~y~o~f~Sebastian~..and Indian River County, the waste water treatment facility located in the CITY OF SEBASTIAN and or events existing between the parties which relate to the Utility Agreement, the aforementioned lawsuit, and the waste water treatment facility located in the CITY OF SEBASTIAN, as well as, the release of the City of Sebastian from ail liability to CITRUS UTILITIES, INC. and INDIAN RiVER COUNTY, for any and all matters, up to the date of the settlement agreement. ~. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are immediately repealed. Sect[on 3. SEVERABIIJTY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invaiid or unconstitutionai, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. _Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon final passage by the City of Sebastian Council. The foregoing resolution was moved for adoption by Councilmember The motion was seconded by Councilmember C~.~~.,d./"5' and, upon being put to a vote, the vote was as follows. Mayor Walter W. Barnes Councilmember Louise R. Camvdght Councilmember Larry Paul Councilmember Ruth Sullivan Vice-Mayor Councilmember Richard J. Taracka ? ,?,A, Mayor thereupon declared this Resolution duly passed and adopted this /~b(day of 1997. CITY OF SEBASTIAN Kath/yn ~ ~'~'O.~'oran, CMC/AAE Walter W. Barnes, Mayor Approve~l~s to fo.rm and r,a~ge.m.: .... Richard E. Torpy City Of Sebastian Attorney c:~ckXsebasfiaXres 4 THIS SETTLEMENT AGREEMENT ("Agreement") is made as of the ..... day of November, 1997, by and between: CITRUS UTIIZTIES, INC. ("CITRUS"), GE'~qERAL DEVELOPMENT UTILITIES, INC. ("GDU"), CITY OF SEBASTIAN ("CITY"), and. INDIAN RIVER COUNTY ("COUNTY"). CITRUS, GDU, CITY and COUNTY will sometimes collectively be referred to herein as the "Parties." RECITAL WHEREAS, on or about March 4, .1993, CITRUS and GDU executed a Utility Agreement (the "Utility Agreement") relating to a water and waste water treatment facility located in the City of Sebastian (the "System"); and WHEREAS, in December of 1993, GDU sold the System to CITY; and WHEREAS, on or about September 20, 1995, CITY sold the System to COUNTY; and WHEREAS, CITRUS has sought to collect any monies due and. owing under the Utility Agreement as a result of GDU selling the System through a lawsuit filed against GDU, CITY, and COUNTY in the Circuit' Court of the 19th Judicial Circuit in and for Indian River County, Florida entitled Ci.trus Utilities, Inc. v. General Develgpment Utilities, Inc., City of Sebastlan~ and Indian River Count, Case No. 94-0202 CA 03 (the "Action"); and WHEREAS, the Parties desire to settle fully and finally, any and all differences, claims or events existing between them which relate in any way to the Utility Agreement, the Action, and the System. NOW, THEREFORE, in consideration of the mutual promises, covenants and recitals contained in this Agreement, the Parties agree as follows: 1. GDU shall pay CITRUS $25,000 by November 15, 1997. 2. CITRUS shall release GDU, CITY and COUNTY from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of GDU, CITY, and COUNTY and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and represematives, relating directly or indirectly to the Utility Agreement, the Action, the System, and any and all other matters, up to and including the date of this Agreement including any claim for attorneys fees and costs. GDU shall release CITRUS, CITY and. COUNTY from any and. all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected, or unsuspected, arising from or attributable to any practices or conduct of CITRUS, CITY, and COUNTY and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, assigns, agents, independent contractors, attorneys and representatives, relating directly or indirectly to the Utility Agreement, the Action, and the System. 4-. CITY shall release CITRUS, GDU and COUNTY from any and all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected, or unsuspected, arising from or attributable to any practices or conduct of CITRUS, GDU and COUNTY and thek successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, a~signs, agents, independent contractors, attorneys and representatives, relating directly or indirectly to the Utility Agreemem, the Action, the System, and any and all other matters, up to and including the date of' this Agreement including any claim for attorneys fees and costs. 5. COUNTY shall release CITRUS, GDU and CITY from any and. all claims, counterclaims, damages and causes of action of every nature, known or unknown, suspected or unsuspected, arising from or attributable to any practices or conduct of CITRUS, GDU and CITRUS and their successors, predecessors, parents, subsidiaries, affiliates, divisions, owners, officers, directors, employees, azsigns, agents, independent contractors, attorneys and representatives, relating directly or indirectly to the Utility Agreement, the Action, the System, and any and all other matters, up to and including the date of this Agreement including any claim for attorneys fees and costs. 6. All Parties to the action shall dismiss their claims with prejudice and each party shall bear their own fees and costs. 7. This Agreement, consisting of three (3) pages, constitutes the entire understanding between the Parties hereto, and shall in all respects be interpreted, enforced and governed by the laws of the State of Florida. The Parties further agree and acknowledge that should any portion of this Agreement be deemed unenforceable by a court of competent jurisdiction, the unenforceable:provision shall be deemed severable from the rest of this Agreement and shall not affect the validity or enforceability of the remainder of this Agreement. 8. The Parties represent that in emering into this Agreement they have not relied upon any statement, representation or promise of any other Party, other than the provisions set forth in this Agreement. 9. The Parties acknowledge that they are entering into this Agreement freely and voluntarily, with a full understanding of the meaning and consequences of its terms. 10. The Agreement may not be amended or modified except by an instrument in Page 2 of 3 Pages writing signed by all of the Parties. 11. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same insummem. IN WITNESS WHEREOF, the Parties hereto have duly executed this Settlement Agreement and Release of Claims on the date written below. DATED: November , 1997 CITRUS UTILITIES, INC. By: Title: DATED: November , 1997 DATED: November /~ , 1997 ATTEST: Sally~f. 'Maio~ Deputy City Clerk DATED: November , 1997 GENERAL DEVELOPMENT' UTILITIES, INC. By: Tide: CITY OF SEBASTIAN Walter W. Barnes -. Tide: Mayor INDIAN RIVER COUNTY By: Title: w~oo2.~ Page 3_ of 3_ Pages