HomeMy WebLinkAboutCity of Tamarac Resolution R-70-064CITY OF TAMARAC, FLORIDA
RESOLUTION NO. ;76-& V
WHEREAS the City of Tamarac and Garden & Landscape, Inc.,
have been involved in controversy relative to that contractual
agreement between them dated March 3, 1970, and subsequent
litigation, and
WHEREAS, The parties have now resolved their differences
and are desirous of entering into an agreement evidencing same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
City of Tamarac, Florida:
That the City Council hereby authorizes the settlement
of all differences between Garden & Landscape, Inc., and the
City of Tamarac in regard to that contract dated March 3, 1970,
and subsequent litigation and other matters surrounding same.
That said resolution of controversies and settlement shall
be pursuant to that settlement agreement, a copy of which is
attached hereto and made a part hereof.
That the Mayor and the City Clerk are hereby authorized
to execute said settlement agreement and any and all other
documents necessary to effectuate the terms and resolutions
of said agreement.
PASSED, ADOPTED AND APPROVED, this /'y day of November,
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SETTLEMENT AND RELEASE AGREEMENT
THIS AGREEMENT entered into this day -of
UU �'�.I�'`-►� 1970, by and between GARDEN AND LANDSCAPE, INC.,
a Florida corporation, hereinafter referred to as "The Corporation",
and THE CITY OF TAMARAC, a municipal corporation of the State
of Florida, hereinafter referred to as "The City".
W I T N E S S E T H:
WHEREAS, the parties hereto have had certain controversies
regarding contractural rights and obligations between them as a
result of a contract executed on or about the 3rd day of March
1970, and
WHEREAS, said controversies have resulted in litigation
in the Circuit Court of the Seventeenth Judicial Circuit in and
for Broward County, Florida, being case number 70-7829 "J" Richardson,
and
WHEREAS, the parties each acknowledge that they have
claims against the other which have been made or could be made in
the aforesaid litigation, and
WHEREAS, the parties are now desirous of resolving all
controversies existing between them and dismissing the aforesaid
litigation.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as follows:
1. Immediately upon the execution of this Agreement
a Stipulation for dismissal will be filed in the aforesaid Circuit
Court action with a proposed Order dismissing the cause, with
prejudice, with costs to be borne by the respective parties.
2. All monies held in escrow pursuant to that certain
contract between the parties dated on or about the 3rd day.of
March 1970, shall be released from escrow and delivered to the
attorney for THE CORPORATION.
3. Simultaneously with the delivery of the aforesaid
escrow funds, the attorney for THE CORPORATION shall deliver
to THE CITY his trust account check or cashier's check in the
total sum due and payable, to -wit: Eight Thousand Thirty -Nine
and 00/100 ($8,039.00) Dollars, representing the balance due
under that certain promissory note wherein THE CORPORATION
was the payor and THE CITY was the payee in the original
principal sum of Twenty Two Thousand Ten and 00/100 ($22,010.00)
Dollars. In addition, THE CORPORATION shall pay to THE CITY,
at the same time and by and through it's attorney, the sum
of Three Hundred and 00/100 ($300.00) Dollars. Any of the
aforesaid escrow funds remaining after payment of the balance
of the said note plus Three Hundred and 00/100 ($300.00) Dollars
shall remain the property of THE CORPORATION.
4. That THE CITY will issue a new Occupational
License to THE CORPORATION upon application properly made and
upon compliance by THE CORPORATION of all Laws and Ordinances
existing on the date of said application governing Occupational
Licenses.
5. That all vehicles in the possession of the respective
parties, upon the date of the execution hereof, mall remain the
property of the party in possession and THE CITY and THE CORPORA-
TION further covenant that any documents necessary to vest full
title in the other, shall be executed immediately upon demand.
6. The parties further agree that the contract dated
on or about the 3rd day of March 1970 and any amendments thereto,
whether oral or written, is hereby terminated and shall be of no
further force and effect. All rights, duties, obligations and
requirements of said contract are hereby declared to be null and
void.
7. As a further inducement and consideration to enter
into this Agreement and to comply with the terms hereof, each
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party hereby releases the other of and from any and all claims,
causes of actions, judgments, demands, or claim of whatever
nature now existing, or hereafter arising as a result of the
relationship between the parties as aforesaid.
8. THE CORPORATION further agrees to indemnify and
hold harmless THE CITY if any obligation arises on behalf of
THE CITY as a result of any actions or claims by any employee,
sub -contractor, stockholder, officer or associate of THE
CORPORATION for false arrest, false imprisonment or any other
action against THE CITY of any type as a result of the relation-
ship between the parties as aforesaid.
9. This Agreement shall be binding upon the parties,
their assigns, successors and representatives.
IN WITNESS WHEREOF, the parties have hereunto set
their hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of: CORPORATION:
GAl
By
At
CITY:
SEAL)
SEAL)
(CORPORATE SEAL)
THE CITY OF TAMARAC
By:
Att
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(SEAL)
SAL)
STATE OF FLORIDA )
COUNTY OF. BROWARD )
I HEREBY CERTIFY that on this day before me, an officer duly
qu ified to t ke acknowledgements, personally appeared
'� GZ Qize wR� and C�*-K-cam,, ZU tic Qc
President and Secretary respectively of GARDEN AND LANDSCAPE,
INC., a Florida corporation, to me known to be the persons
described in and who executed the foregoing instrument and
acknowledged before me that they executed the same for and in
behalf of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this 17XC day of 1970.
Notary Public, State of Florida
My commission expires:
001ARi PUBLIC, STATE OF FLORIDA AT URGE
f lY COMMISSION EXPIRES JULY 1, 1973
BOADED Ft: tl FE'ED W. DIESTELH3RST
STATE OF FLORIDA )
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgements, personally appeared
�'tC't U' ��: S `t—and _.� C11.S a� -
Mayor and City Clerk respectively of THE CITY OF TAMARAC, a
municipal corporation of the State of Florida, to me known to be
the persons described in and who executed the foregoing instrument
and acknowledged before me that they executed the same for and
in behalf of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this cN day of �10L)Y1' +t 1970.
n
Notary Public, St4:e of Florida
Public, State of Florida At UrN
My commission expires: W Commission Expires JUV 6, 1f1*
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