HomeMy WebLinkAboutFlorida Power General Release -2002 11 25
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GENERAL RELEASE
KNOW ALL MEN BY THESE PRESENTS:
1. That the undersigned City of Winter Springs (the "City"), a Florida municipality, for
good and valuable consideration in the amount of two-hundred fifteen thousand,
four hundred fifty-five dollars and ten cents ($215,455.10),. the receipt and
.
"sufficiency of which is hereby acknowledged, and on behalf of all its respective
successors and assigns, fully release, waive, and forever discharge Florida Power
Corporation, and its agents, servants, employees, sureties, heirs, personal
representatives, assigns and successors, and all other persons, firms or
corporations connected therewith, including any parent or affiliate companies, of an
from any and all demands, causes of action, damages, judgments or suits at law
and equity of whatsoever kind, whether due or not, director or contingent, liquidated
or unliquidated, patent or latent, known or unknown, in any way related to or
growing out of and which relate in any way to the collection and payment of the
municipal utility tax by Florida Power to the City between July 2000 and January
2001.
2. It is agreed and understood that this General Release is executed as a settlement
and compromise of a disputed claim and that payment of the consideration
expressed is not to be construed as an admission of liability on behalf of the party
released or to be considered or construed as a waiver or an estoppel against the
releasor to proceed against parties not herein released.
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3. The undersigned acknowledges full and complete satisfaction, represents and
warrants that it has not assigned any right, claim, or cause of action against the
releasor and declares and represents that no promises, inducements, or
agreements not herein expressed have been made. It is further acknowledged that
this Release contains the entire agreement between the parties hereto concerning
the above-referenced claims, and that the terms of this Release are contractual and
~ot mere recitals. Lastly, the undersigned warrants that it is duly authorized and
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. competent to execute this Release.
IN WITNESS WHEREOF, this Release has been read and signed this 25th day
of November ,2002.
WITNESSES: CITY OF WINTER SPRINGS .
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I Ron McLemore, City lV1anag~r
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-Luaces, City Clerk
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Check Number
97829
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CITY C)F WINTER SPRINGS
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Signature i
i~'09?8 29ii' x:06 L L i3 2?9~: 07 5 29 20? n'
BROWN, WARD, SALZMAN & WEISS, P.A.
Attorneys at Law
Usher L. Brown • Offices in Orlando, Kissimmee, Debra S. Babb
Suzanne D'Agresta° Cocoa &Viera Jeffrey P. Buak
Anthony A. Garganese° John U. Biedenharn, Jr.
Gary S. Salzman° Joseph E. Blitch
John H. Ward • Jennifer A. Michael
Jeffrey S. Weiss Todd K. Norman
Michelle A. Reddin
Vincent E. Scarlatos
'Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
°Board Certified City, County & Local Government Law
December 9, 2002
Erin J. O'Leary
Of Counsel
Senf Via FedEx
AWB# 8360 6552 4663
Ms. Louise Frangoul
Finance Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Florida Power Check No. 097829
Settlement of the Municipality Utility Tax
City of Winter Springs -General
Our File No.: 1193
Dear Louise:
Please find enclosed Florida Power check no. 097829 dated November 27, 2002
in the amount of $215,455.10, in regards to the above-referenced matter. We will forward
the original executed General Release to Sophia O'keefe, Community Relations Manager.
If you have any questions please do not hesitate to call our offices.
Very truly yours,
T-/
J rey P. Buak
Assistant City Attorney
JPB/jd
Enclosure: Check
cc: Sophia O'Keefe, Florida Power
Anthony A. Garganese, City Attorney
F:\Lawyerljeffb\Clty of Winter Springs)Correspondence\Frangoul_SettlementCk_Ltr120902.wpd
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa &Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net