HomeMy WebLinkAboutElizabeth L. Tobb Revocable Trust - Settlement Agreement and General Release 2025 02 05This SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Settlement Agreement")
is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (hereinafter "the City"), and ELIZABETH L. TODD REVOCABLE TRUST, dated
�d ,and ROBERT TOLLEY, an individual, and ELIZABETH L. TODD, an
individual and trustee of the Elizabeth L. Todd Revocable Trust, dated
(collectively hereinafter "the Homeowner") (the "City" and "Homeowners collectively hereinafter
"the Parties").
WHEREAS, the Homeowner owns real property located at 1127 Northern Way, Winter
Springs, Florida (hereinafter "the Propertfi'); and
WHEREAS, the Homeowner obtained a permit from the City (Permit # RESD-2024-1470)
to construct a green metal garage building (the "Building") on the Property; and
WHEREAS, after the Building was built, the City realized that the permit application may
not have been properly reviewed under the residential compatibility and harmony rules in Section
9-607 of the Winter Springs Code before the permit was issued; and
WHEREAS, the City wants to purchase the Building from the Homeowner and move it to
City property to use for its own purposes, as outlined in this Agreement; and
WHEREAS, the Parties desire to amicably resolve this matter without litigation; and
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency and adequacy of which mutual consideration is hereby acknowledged, the
parties resolve all disputes between, as follows:
1. Neither this settlement nor this Settlement Agreement shall constitute or be
construed as any admission or adjudication of liability against and/or by the City of Winter Springs
or as an admission of any violation of local, state and/or federal law, common law, constitutional
provision or amendment against and/or by the City of Winter Springs or as an admission of any
wrongdoing of any kind with respect to the Homeowner.
2. In consideration of the covenants and promises of the City of Winter Springs as
stated in this Settlement Agreement, the Homeowner hereby fully and finally releases and
discharges the City of Winter Springs, its employees and officials, from any and all claims,
charges, demands, claims, debts, rights, damages, sums of money, trespasses, controversies,
liens, costs, losses, suits, actions, causes of action, claims for attorney's fees and costs, in law or
in equity, known or unknown, foreseen or unforeseen, fixed, liquidated, or contingent, direct or
indirect, which the Homeowner presently have had against the City of Winter Springs arising from
or related to any permit issued by the City including, but not limited to, Permit # RESD-2024-1470,
and Building and/or from any other act, omission, incident, or injury occurring prior to the issuance
of the Permit, including without limitation, any and all claims by or on behalf of Homeowner that
City has ever committed any statutory violation, violation of any Executive Order, violation of any
local, state or federal law or regulation, violation of any state or federal constitutional provision or
amendment, violation of common law, breach of contract, negligent act or omission, tortious act
or omission, or otherwrongdoing with respect to Homeowner, arising from or related to the subject
matter covered by this Settlement Agreement. Homeowner acknowledges and agrees that by
executing this Settlement Agreement, they waive and assume the risk of any and all claims for _
damages which exist as of this date, but of which they do not know or suspect to exist, whether
through ignorance, oversight, error, negligence, or otherwise, and which, if known, would
materially affect their decision to enter into this Settlement Agreement.
3. In consideration of the covenants and promises of the City and Homeowner as
stated in this Settlement Agreement, the City and Homeowner shall, upon the Parties' execution
of this Settlement Agreement, perform the following.
A. Purchase and Removal of Building. The City agrees, at the City's expense, to purchase
the Building from the Homeowner and remove it from the existing concrete slab, which will
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remain on the Property. in preparation for the City's removal of the Building, the
Homeowner shall prep the Building for removal by removing all items from the Building
and making the Building accessible for the City's contractor to remove the Building from
the existing slab. Homeowner's prep worts shall be completed within ten (10) days from
the Effective Date of this Agreement. Homeowner shall notify the City in writing when the
prep work is completed. The City and its contractor shall then inspect the prep work
within five (5) business days of receipt of said notice for the purpose of determining that
the Building is ready for removal by the City, and upon such determination, the City will
schedule the removal date with its contractor and notify the Homeowner, in writing, of the
removal date.
B. Payment. At such time the City completes the removal of the Building, the Homeowner
shall execute a Bill of Sale for the Building and assign to the City any remaining
manufacturer's warranties for the Building, and the deliver the same to the City in
exchange for the City paying the Homeowner, the lump sum of Thirty Two Thousand
anA No/100 Dollars ($32,000.00). Payment will be made by check made payable to the
Homeowners. The lump sum payment shall be considered a full and complete settlement
of this matter including, but not limited to, fully reimbursing the Homeowner for the full
costs, expenses, labor, and any inconveniences incurred by Homeowner in purchasing,
permitting, installing, and removing the Building. By executing this Settlement Agreement
and accepting the $32,000 referenced above, Homeowner acknowledges and agrees to
a complete settlement of matters involving disputed and/ornon-disputed issues of law and
fact and assumes the risk that the facts or law may be otherwise than they believe,
Payment shall be made on the condition that Homeowner execute and deliver a written
hill of sale, and assignment of any remaining manufacturer's warranty for the Building.
The form of the bill of sale will be prepared by the City Attorney.
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C. Access. The Homeowner agrees to provide the City and its contractors access to the
Property as necessary to remove the Building and complete the work required by this
Settlement Agreement. Homeowner agrees not to interfere or obstruct the City's ability
to complete the work required by this Settlement Agreement.
D. Indemnification. To the extent permitted by law, the City agrees to indemnify and hold
harmless the Homeowner from any claims or damages resulting from the removal of the
Building and the work performed by the City under this Settlement Agreement, except for
claims arising from the Homeowner's negligence or misconduct. Nothing herein shall be
construed as a waiver or limitation of the City's right to sovereign immunity under Section
768.28, Florida Statutes, and the monetary caps stated therein are hereby incorporated
herein for any legal or equitable claim made against the City.
4. This Settlement Agreement is freely and voluntarily executed by the Parties. The
Parties, in executing this Settlement Agreement, do not rely on any inducements, promises or
representations made by the other Party, other than those expressly set forth herein.
Furthermore, no promise, inducement or agreement not herein set forth has been made by either
Party.
5. This Settlement Agreement contains the entire agreement of the Parties and
supersedes any prior discussions or agreements. This Settlement Agreement is for the sole
benefit of the Parties hereto, and nothing intended herein, express or implied, is intended to or
shall confer upon any person or entity any legal or equitable right, benefit, or remedy of any nature
under or by reason of this Settlement Agreement. The provisions of this Settlement Agreement
are severable. If any pars is found to be unenforceable, the other provisions shall remain fully
valid and enforceable and the remaining portions of the Settlement Agreement shall survive.
fi. The Parties agree that this Settlement Agreement is consummated in the State of
Florida and that Florida law shall apply in construing any provisions hereof and in any proceeding
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between the parties. The Parties agree that MIS Settlement Agreement was negotiated in an
arm's length transaction and that each party had input into its preparation and finalization. Thus,
any rule requiring constructlon of the terms of the Settlement Agreement against its drafter shall
be deemed inapplicable.
7. The venue of any dispute between the parties arising from this Settlement
Agreement shall be in Seminole County, Florida in the court of appropriate and competent
jurisdiction.
8. The Parties shall bear their own attomey's fees and costs under this Settlement
Agreement.
PLAINTIFFS.
Date
The foregoing instrument was acknowledged before me by means of ysical presence or ❑
oMine notarization, this E) day of ,2025, by, , v,r�,.Trustee,
of the EUZABETH L. TODD REVOCABLE TRUST who is personally known to me or who has
produced Dry via T U C s Wentif tion./
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The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, this 5day of A Culler 025, by ELIZABETH L. TODD, an individual,
who personally known to me or who has pr uced rr�L l.:)rlker _,i « as
identi catjon. JA %. l L100
Notary Public
My Commission Expires:
The foregoing instrument was acknowledged before me by means of �ysical presence or ❑
online notarization, this day of auar�2025, by ROBERT TOLLEY, an individual3
who js personally Known to Te or who has prof ced IG o r /O{ 6L Dr i %4e r 5 Z ll - �k
My Commission Expires:
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Kevin
City Manager
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NOTARY 9
PUBLIC
Comm. # HH 344625 -
My Comm. Expires
Dec 27, 2026
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Grant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL
Inst #2019130387 Book:9489 Page:589-590; (2 PAGES) RCD: 12/2/2019 10:51:21 AM
REC FEE $18.50 DOC STAMPS $0.70
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THIS INSTRUMENT PREPARED AND RETURNED TO;
ELIZABETH L. TODD
1127 NORHTERN WAY
WINTER SPRINGS, FL 32708
Space above for Recording
I II
This Quit Claim Deed, Executed this day of Jkloery t,- 2019, by (first party) ELIZABETHL.
TODD (a single woman) to (second party) ELIZABETH LEIGH TODD REVOCABLE TRUST whose property address is 1127
NORTHERN WAY WINTER SPRINGS, FL 32708.
(Wherever used herein the terms "first party grantor" and "sec ottd party" grantee shall include singular andplural. heirs, legal representatives,
and assigns of Individuals, and the successors and assigns of corporations, wherever the context so admits or requires.)
Witnesseth, That the said first party, for an in considerat#on of the sum of $1 D.00, in hand paid by the said second party,
the receipt whereof is hereby acknowledged, does hereby remise, releas6,pnd quit -claim unto the said second party forever, all the
right, title, interest, claim and demand which the said first parry has in and to the following described lot, piece or parcel lana;
situate, lying and being the County of Seminole, State of Florida to wit:
LEGAL DESCRIPTION:
LQT X3 TUSC.4WILLA UNIT 7PB 22 PGS 46 & 47
1127Nortltern Way Winter Springs, Florida 32708 —Seminole County, Florida
Parcel ID Number: 18-21-31-SET-0000-0130
Tltis is a Homestead property.
As requested by the parties, this deed was prepared without a title search, and the legal description was supplied by the parties;
The preparer of this instrument assumes no liability for the state of the title or any inaccuracy of the legal description.
To have and to hold, the same together with all and singular the appurtenances thereunto belonging or in arrywise
appertaining and all the estate, right, title, interest, lien, equity and claim whatsoever for the said first party, either• in law or equity,
to the only proper use, benefit and behoove of the said second party forever.
Book 9489 Page 590
Instrument# 2G19130387
In Witness Whereof, the said fast party has signed and sealed these presents the day and year f rst above written.
and delivered in the presence of
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as to rus[ rarry
MCA � RA .1 k L I P,�
as to First Party
Printed
STATE Off' FLORIDA
COUNTY OF SENIINOLE
Signature of First Party- ELIZABETii L. TODD
The foregoing instrument was acknowledged before me this �_ day of ��-d--\I-E,YVL�'Cl� . 2019,
by ELIZABETH L. TODD who is personally known to me or has produced ( 1'? c , as
identification and who did/did not take an oath.
=o1�YPUgGc 1YLERANDER50N
Commisslon # GG 278627
Expires November 25, 2022
yrsaPp�oF� Bonded ThruBudge INolnrySUAR3
(Print, type, or stamp commissioned name of Notary Public)
Grant Maloy Clerk of the Circuit Court & Comptroller Seminole County
P.O. Box 8099
Sanford FL 32772
Phone:407-665-4338 Fax.
Customer:
ELIZABETH TODD
Account No: 855254
1 QUIT CLAIM DEED
Inst# 2019130387 BK/PG 9489/589 QUIT CLAIM DEED
COUNTY RECORDING FEE
DEED DOC
CERTIFICATION
Receipt Total:
Paid By:
.CREDIT CARD - NCOURT EE16F
Total Tendered
Tran: 5033471- 23152002
Receipt # 1827546
Receipt Date 12/02/2019
Account Balance: 0.00
Recording Hours 8:OOAM - 4:30PM
Passport Hours:
Mon-Thurs 8:30-3:00; Fri 8:30-2:30
VISIT ON LINE: SEMINOLECLERK.ORG
$23.20
18.50
0.70
4.00
$23.20
23.20
23.20
Printed: 12/02/2019 10:51 am Rec Bv: hdevore
ver. 19.08.26.1001
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QReceClerk Login ,�'- Clerk Payments Payment
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YOUR PAYMENT HAS PROCESSED AND THIS IS YOUR RECEIPT»
Your account has been billed for the following transaction. You will receive a rereint via email.
Seminole County Clerk of Court and Comptroller
1750 E. Lake Mary Blvd., Sanford, FL 32773
Transaction Processed Successfully.
INVOICE #: eel 6fbe4Ac6a-4406-ba87-46c412e99574
Description ID Service Fee Amount
Recording 12/2/2019 hd $0.81 $23.20
$0.81 i $23.20
Date Paid: 12/2/2013 10:49 AM EST
Payment Information
First Name: elizabeth
Address 1: NA
Address 2:
City: NA
Phone:
Information
First Name ELIZABETH L
Last Name TODD
Email CustomerService@nCourt.com
Total Amount Paid: $24.01
Last Name: todd
State: NA
Birth Date:
Card Information
Card Type Mastercard
Card Number """"""'""'7189
Street NA
City NA Transaction Type Sale
State/Territory NA Host Response 00
Zip NA Approval Number 008321
AID A0000000041010
App Label DEBIT MASTERCARD
Cryptogram TC DFC6EA76260401D9
IMPORTANT INFORMATION
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