HomeMy WebLinkAbout1997 12 24 Regular Item A
CO~IMISSION AGENDA
SPECIAL MEETING
ITEr~
A
REGULAR
CONSENT
INFORMATIONAL
December 24. 1997
Meeting
MGR. /?;VV /DEPT.
Authorization
REQUEST: City Manager requesting Commission to accept conveyance of the proposed Mikes
donation of sixty..nine (69) acres of the Tuscawilla PUD to the City and grant
authorization to the City Manager to sign all documentation associated with this
donation.
PURPOSE: The purpose oftlr1is Agenda Item is for the Commission to accept conveyance of
the proposed Mikes donation of sixty-nine (69) acres of the Tuscawilla PUD to the
City and grant authorization to the City Manager to sign all documentation
associated with this donation. This property is located to the east of Greenbriar
Lane and bound€:d on the outward perimeter by the 11 th through the 16th holes of
The Tuscawilla Country Club Golf Course.
HISTORY: Shortly after the Mikes purchase of the Tuscawilla Country Club, he approached
the City and offered to donate the sixty-nine (69) acres of property.
Negotiations on this donation have been ongoing since 1993. The City Attorney
advised the Commission that an environmental audit would have to be
accomplished prior to the City accepting that property. The environmental audit
was conducted and finally found acceptable by Kipton Lockcuff, Utility Director;
Donald LeBlanc: Land Development Coordinator; and Terry Zaudtke, (consulting
engineer for the City) in July of this year.
This donation is in no way associated with the present litigation involving the City
and Mikes.
There are no costs or conditions associated with this conveyance other than that
the property shall always remain in its Natural state as a nature preserve.
December 24, 1997
Special Commission Meeting
Page 2
FUNDING: None required
RECOMMENDA TION:
The City Manager recommends that the City Commission accept the conveyance
of the sixty nine (69) acres and that he also be granted authorization to sign all
documents associated with the conveyance.
The environmental audit was conducted and finally found to be acceptable by
Lockcuff, LeBlanc and Zaudtke (consulting engineer for the City).
This donation is in no way associated with the present litigation invloving the City
and Mikes.
ATTACHMENTS:
April 25, 1994 Commission Meeting Minutes with verbatim transcript as it
relates to the Mikes donation
December 23, 1997
- Mikes Letter to City Manager
Proposed Deed
Form 8283 (Noncash Charitable Contributions)
Aerial depiction of the property
COMMISSION ACTION:
.,..
Regular Meeting. City Commission. April 25. 1994
Page 6
93-94-14
Motion was made by Commissioner Ferring to accept in toto the recommendations set
forth to adopt an ordinance and resolution to revise the plan as set forth in this
letter dated April 5. 1994 from the City Manager and all of the points that we have
discussed. Seconded by Commissioner Langellotti. Discussion. Vote on the motion:
Commissioner McLeod, aye; Commissioner Torcaso. aye; Commissioner Ferring. aye;
Commissioner Langellotti, aye; Commissioner Gennell. aye; motion passes.
Approval of Settlement between the City of Winter Springs and Seminole Utility
Company-City Attorney:
Motion was made by Commissioner Ferring for final approval of the Settlement
Agreement with authorization for the Mayor to execute it tonight. and have it
notarized and forwarded to the City Attorney to be sent to the other parties.
Seconded by Commissioner Torcaso. Discussion. Vote on the motion: Commissioner
Torcaso. aye; Commissioner Ferring. aye; Commissioner Langellotti. aye;
Commissioner Gennell. aye; CO[lllIlissioner McLeod. aye; motion passes.
City Attorney Frank Kruppenbacher:
Attorney Kruppenbacher reported the Mikes property settlement is now completed.
Attorney Kruppenbacher spoke about the letter from Mr. Mikes in reference to a
moratorium relating to the Glen Eagle subdivision and the stormwater pond
retention area. Between now and the next meeting the City Manager and Staff will
look at the issue and then at the next meeting the Attorney will brief the Commission
what the problems are and then from there the Commission can decide how to deal with
the matter.
Attorney Kruppenbacher talked about the 69 acres that Mr. Mikes has offered to
dedicate and donate to the City. Mr. Mikes has offered to pay for the environ-
mental audit. Attorney Krupp,enbacher said he would like the authority from the
Commission. if the Commission is interested in taking the 69 acres. to communicate
to Mr. Mikes what we want in terms of the audit. and if that shows there is no
problem. to put it on the agenda. once we have the report back for a decision by
the Commission to accept it. The consensus of the Commission was for Attorney
Kruppenbacher to proceed.
Attorney Kruppenbacher reported on the Chelsea Parc issue.
City Manager John Govoruhk:
Manager Govoruhk reported the putt-putt golf course is on order. The playground
equipment has been delivered today and is being installed.
Manager Govoruhk said he has :seen a copy of the School Board Agreement. but we have
not received an original for 'the Mayor's signature or to present to the Commission.
Mayor Bush called a Workshop J~eeting for Tuesday. May 3rd at 1:30 p.m. to meet with
DOT on the SR 434 widening pl.ans.
Manager Govoruhk said he rece:Lved a check in the amount of $25,000 from Winding Hollow
formerly Eagle Ridge towards the donation of a park they will be presenting to the
City. A new park off of Alton Road.
Commission had no obj ection tlJ rename Brantley Road to Tusckawilla Road which was
requested by the School Board.
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Before we incur any work what I advised the city manager was I was not about to do any
work review update myself on the issues of moratoriums which are very detailed and
defined without guidance from you my client as to whether or not you wanted that done
or the city manager embark upon a lengthy process of preparing for a c-
moratorium. What we think is the more prudent approach between now and the next'
meeting the city manager and staff will look at the issue and then at the next
meeting we'll brief you on what the problems are and then from there you can deal
with how you want to guide us ~n 'd~aling with the matter. previously just to update you,
there was an effort to pull us in to what I consider to be a private dispute between
private property owners and 1~e balked at the effort to utilize the city to facilitate
one side vs. the other side. I dont know if any facts have changed or not changed;
simply advising you so that you know we received this letter and we're not just
sitting on it; Johnls staff will look at it and then at the next meeting we'll talk
about it.
next issue is in the discussIon when we were fighting over the FCC lawsuit, independent
of those discussions in the ~;ettlement of that was separate discussions regarding
some 69 acres that Mr. Mikes has offered to dedicate and donate to the City.
which appears to be 69 acres of pristine untouched undeveloped property.
Mr. Mikes spoke with me last week and I advised Mr. Mikes that before the city would
be even in appsition to entertain accepting it altho the ordinance had not been
finally passed,an environmental audit would be needed to be done on the property
to determine whether or not the res any problems on the site before we are going to
take ownership of it if thats what you decided. lie has offered to pay for the
appropriate envi. consulting audit that we deem necessary to-determine whether or not
theres a problem'with the pro'perty. I'd like your authority if you're interested in
taking the 69 acres to conunun:lcate to Mr. Mikes what we want in terms of the I'll
get with Kip on the level 1 audit on the property and if that shows that there is no
problem to put it on your agenda once we have the report back for a deciision by you to
accept it. If you decide to accept it well then go thru the legal procedures
necessary to accept it by donation from Mr. MIkes. _ We dont want to engage any time
in my office unless you tell liS your interested in taking the property if its donated
and theres not a problem.
Mayor-what use would this property be to the City?
Manager-its on Greenbriar right around the golf course, and it would really stay in
natural, and I believe the school here has talked about classes to be able to go in
there for nature paths school study for the u.s. and middle school and we could
also look at grants to be able to put paths thru there and keeping it as such.
McLeod-are we saying we'd look at this as a nature trail park?
Manager-yes sir;
McLeod-whats on the other side of it, the golf course?
Frank-we went out sometime ago; we came off the golf course to look at it.
Langellotti-its between the 11th and the 16th?
"-Manager-lS, 16th, 11th, 12th;
Mayor-how much tax revenue will the city lose?
Frank-havent looked at that; while Mr. Mikes is gracious in his donation he will also
accept what limited benefits our fed.gov. has offered people in terms of tax benefits;
Ferring-is any of that buildable land at all?
Frank-lId have no idea; it looked awful dense and marshy to me;
its really nice looking; a nice looking piece of property;
Langellotti-isnt there a water line thru there Kip?
Kip -by the creek;
Mayor-what I think the City Attorney's.asking is for the consent of the commission to
further investigate this. Any reason I:hat he shouldnt do that from anybody?
I think you have the consensus of the commission then to proceed.
..
'y
JAMES R. MIKES
S005 Neptune Way
Tampa Florida 32609
Telephone 813-282-0587
December 231 1997
RONALD McLEMORE
City Manage!
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Donated 69 Acre Nature Preserve
Dear :Mr. McLemore:
This letter confinn~; that the conveyance of the 69 acre parcel bordered
by the Tuscawilla golf course holes 11 through 16 and Greenbriar Drive by
James R. Mikes to the City oEWinter Springs by Special Warranty Deed with an
effective date of November 1, 1994 (the "Deed"), which was accepted on
December 24, 1997 by the City, was not a result of or a condition of the
Settlement Agreement entered into between the City and Florida Country
Clubs, Inc. on June 16, 1993 (the "Settlement Agreement"). The conveyance
was not made in consideration of any requirement, agreement or covenant of
the City in connection with the Settlement Agreement,
No claim shall be made in any lawsuit against the City, or any of its
Commissioners, agents, employees, attorneys or consultants (collectively called
the "Cityl') that the Deed. to the 69 acres was given in consideration of the
Settlement Agreement. No claim shall be made by the undersigned that the
City is obligated to anyone under the Settlement Agreement, or the existing
litigation (Case No. 97-2862-CIV-T 24, United States District Court, Middle
District, Florida) and issues involved therein, or otherwise as a result of the
conveyance of the 69 acr~:s. The 69 acres was donated as a gift and for no
other purpose.
12-23-97 IO:~l AM POI
..
I understand that the acceptance of the Deed to the property being
conveyed by gift to the City is conditioned upon payment of all currently due
ad valorem and other ta:Ke:s, and claims of any third parties. I will submit a paid
receipt for all such ad valorem taxes immediately following the recordation of
the Deed.
:2-23-97 10:41 AM P02
/
i
~~PECIAL WARRANTY DEED
JAMES R. MIKESI ("Grantor), whose post office address is 1500 Winter Springs
Blvd., W'mter Springs, SeminolE' County, Florida 32'108, for and in consideration of the sum
ot TEN AND NO/I00 DOLI.J~ ($10.00) paid to Grantor and other and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, by these
presents does hereby grant, ~Iell, and convey unto THE CITY OF WINTER SPRINGS
("Grantee"), whose Post OffIce address is 1126 East SR 434, Seminole County, Winter Springs,
Florida 32'108, all that certain land located in Seminole County, Florida, being more
particularly described in ExhibIt "A" attached hereto and incorporated herein by reference
(the "Property).
(
Grantee agrees tbat the Property shall always remain in it's natural state as
a nature preserve and never be: developed.
This conveyance is made and accepted subject to all zoning and other
regulatory laws and ordinances and all restrictions, reservations, easements and matters or
record (the "Permitted Excepti,[)ns"), specifically, including but not limited to Conservation
EAsements previously.
TO HAVE AND ,]l'O HOLD the Property, together with all and singular the
rights and appurtenances pertaining thereto, including all of Grantor's right, title and
interest in and to adjacent streets, and rights-or-way, subject to the Permitted Exceptions,
unto Grantee and the Grantee's successors and assigns in fee simple forever.
And the Grantor hereby covenants with said Grantee that the Grantor is
lawfully seized of the Properi3r in fee simple; that the Grantor has good right and lawful
authority to sell and convey thEI Property; and that the Grantor hereby warrants the title to
the Property and will defend tbe same against the lawful clalms of all persons clAiming by,
through or under the Grantor, but no other.
By acceptancf;' of this Special Warranty Deed, Grantee assumes payment of all
real and personal property w:es and assessments on the Property for the year 1994 and
subsequent years, and acknowledges the existence ot those certain Conservation Eaements
ot record affecting the Property.
EXECUTED on tile date set forth in the acknowledgement a ched hereto,
provided, however, t~at it is nOl~ Intended to be effective until the l~SdaY of 0
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Prln-/= ~~M;I JAMEB&mKES
~ted Name: u, v" '''' ,q ~
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
JAMES R. MIKES
1500 Winter Springs Boulevard
Winter Springs, Florida 32'108
JRM:sb 10/20/93.100
t'
"
STATE OF FLORIDA )
) SS.
COUNTY OF SEMINOLE )
This instrument was acknowledged before me on October ~, 1993, by James
R. Mikes. He is personally knl)WD to me or has produced as
identification and ~did not take an oath.
CHARLES M STRA nON
Notary STATE OF FLORIDA
Public My Comm Exp8/28/95
BONDED
(Notarial Seal)
JRM:sb 10/20/93.100
~tv.
Printed Name:
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State of
at Large
My Comml-Ion Expires:
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Commenc,e at the NorllhweJl comet olTtD~ -B", OREENBRJAR LANE
" I!XTENsION, as recolrded in Plae Boot ~ I, PII' 24 ot alae "'bite Records
01 SemInole COWlty. l:torida. lhenco run S 87.37'08- 8 alonllhe NOM
IIDe 01 said Tnct "8- ror. dbtanco of "',26 tcec; thence lUll '
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lUll S 43""50" B tor Ii di'III1CO 01183.11 1celiwdIcuce MI
S 01-"8'36- 6 ror . dbtance or 93.96 Ieet; thence rua S '3-46'20" e lor.
· clslUICe 0179.74 reo.:: Ihenco NIl S 06.J.S~~4W;Ior. dftIaace.oI
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Ihence run N 1.5~14" 'W lor I dJ"'nce'of 391042 ree&; tJacac, fUn .
'N S3~~W~fOr:i':'dlalanc:e~ot243.0$ tcec; &hences.. S "'-01'07- W
tor. db...a 'or 164.22 reel: IhenCe I'Ift N 66.'1'36" W c. a,dlqqpce 01
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bcina ora Ibo Eaterl, RII~-oI.WI1IIae ot.1eI ORgNBRIAR LANa _ . .. .
EXTENSION; Ihenc:e run ~rthelllerly ~'Jb~tl!r.2-~,aJctcu~ IIICI. .... .
said Eulerly Riaht-o(. Wny line IhrouJh a centn" lDale 01 WI3',. fqrtl
dlsaancc ol193.42 reel; ~11C11Ce run N 05'09'38- B .Ion. aaJd Eu&cd1
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line lhroup I cerllral anglo of 16-39'.50" for. dlslance of 381.30 reet;.
Ihcnce run N 21-49'28- E Ilona aid Eulctly R1&ht-or.w."JIne ror'...
dlsllnce 01346.02 reet to II point on . non-tlnlem curve conCAve Wel~
havial a ~ bearin, 0(' N 11-26'01. B and I'radl." 01 1632.82Ieec&'
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easement recorded in Official Record Book 243', Pase' J 195 'of the Pub1.fo .
Records o( SeminoJe COUltly, Floridll. .. ,. . " _.,'. .'
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faEC.':19'9i'(PRll11:30
P. 002
Farm 8283
Noncasih Charitable Contributions
(Rev. Oc1ober 1995)
OMS No. 1545-0908
Oollllnmlnl gt the Tru$UIY
Intema! R_ue seMed
.. Attach to your tax return If you c/lllrned II total deduction
of over $600 for all contributed property.
.. Sell slIClsrme instructions,
.Atla.:hment
Sequence No. 56
Nsme(s) ahown on your Income lax relUrn ldentlrylng number
James R. Mikes 330-42-6341
Note: FIgure the amount of your contribution dBduction before completing this form. See your t8X return instructions.
Section A- List in this section only items (or groups of similar items) for which you claimed a deduction of $5,000
or less. Also, list certain publicly traded securities even If the deduction Is over $5,000 (see Instructions).
1i.~::Eta'(~\IJ Information on Donated Property-If you need more space, attach a statement.
1 (e) NarM end eddres.a of the (b) D6$erlpllon of donllled property
dOne& orgenitslion
A
B
C
0
E
Note: If the amount you claimed 8$ a deduction for an item is $500 or less, you do not have to complete columns (d), (8), and (f).
(e) Date 0( lhe (d) Dllle lleq~ll'lld (e) How Olc:qulred (f) Donor's cost 10) Fair rnarXel \'Slue / h I Method ~lIed 10 delermlne the (elr
aonlributJon by donor (mo.. yr.) by dor or or adjusled besis marlcbt ygluo
A
8
C
0
E
f~Rii.ijJ(~1 Other Information-Complete line 2 if you gave less than an entire interest in property listed in Part I.
Complete line 3 if restrictions were attached to a contribution listed in Part I.
2 If during the year, you contributed less than th!~ entire interest in the property. complete lines a-e.
a Enter the letter from Part I that identifies the property ~ . If Part II applies to more than one property, attach a
separate statement
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year..
(2) For any prior tmc years ...
c Name and address of each organization to which any such contribution was made in a prior year (complete only if different
than the donee organization above).
Name of chllritllblo orgQl1Iz1Ufon (donee)
Addre$$ (n~mbot, !S1100I,lInd room or !Sulto no.)
elly or lown, :slale. Blld ZIP code
d For tangible property, enter the place where the property Is located or kept ~
e Name of any person, other than the donee organ12;atlon, havIng actual possession of the property ~
3 If conditIons were attached to any contributioll listed in Part I, answer questions a - c and attach the required
statement (see Instructions).
a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated
pro perty? . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .' ........,.......................................,..,.
b Did you give to anyone (other than the donee organization or another organization partlclpatinQ wtth the donee
organization in cooperative fundreising) the right to the income from the donated property or to the possession
of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise,
or to desIgnate the person having such income, possession, or right to acquire?.. . . . . . . . . . . . , . . . . , . . . . . . , .
c Is there e restriction Iimfting the donated propei'ty (or a particular use? . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . .
Yes No
For Paperwork Reduction Act Notice, see separate Jnstrul~lon$.
ISA
Form 8283 (Roy, 10-95)
"'l) E C'. - t 9' 9 i (F R [) 11: 30
P. 003
Form B2BJ (Re~. 10-95) Pllse 2
NBmB(s) shown.on your IncamB lax ruturn [ IdentifyIng numb,,,
James R. Mikes 330-42-6341
Section B-Appraisal Summary-LIst in tl,ls section only items (or groups of similar items) for which you claimed
a deduction of more than 55.000 per item or group. Exception. Report contributions of certain publicly
traded securities only in Section A.
If you donated art. you may havEI to attach the complete appraisal. See the Note in Part I below.
~:R.~ttm~~l.'l Information on Oonated Property-To be completed by the taxpayer and/or appraiser,
4 Check type of property:
o A~ (contrlbutlon of $20,000 or more) KI Real Estate 0 Gems/Jewelry 0 Stamp Collections
o A~ (contribution of less than $:20,000) 0 Coin Collections 0 Books 0 Other
-Art Includes patn~rl9s, !SCulptures, watercolors, pr1l'1ts, dl'llw1nSS, ceramIcs, antique furniture, decorative arts, textiles, carpets, silver, rare manuscripts,
hkltorlcalmemorabllla, and other similar objects.
Note: If your tol4/ art contribution dsduc:tion was $20,000 elf more, you must attach a comple/e copy 01 th(J slgMd appraisal. Sea In$tructJons.
5 (l) OMCrlpllCn of donolod property (If )<<I nood (bJ If l:1nglble pro~ny WQS dona lad , give B brier summary or lhB OYBrall (C) APPI"ilIo$Cd f11lr
more BplIC8. Bttach II sltpurnle 6latcmcnl) p/rrSkiul condition !lIthO lime ot the Sift market YlIlue
A 69.5 Acres (see attached) Land - 69.5 acres in Winter Sprinq S 3,450,000
8 .1
C I
0
(d) OBI a aoqulred (e) How ;;lC:qulrCl<i In Oonors COBI or (g) For bargain sales. anlar soe In'true tone
(11) AmOJl~ el;jlmeCl sa a (I) Ave6PQe lrBdl~ pnee
bv donor (mo.. yr.) bV donor !ld/U'6lad basis amounl '~el~&d uCllon securltl
A Purchase
B
c
0
iH~:ElIitJN):1 Taxpayer (Donor) Statement- L.ist each item included In Part I above that is separately identified in the
.:Ippraisal as havIng a value of $500 or less. See Instructions.
I declare that the foflawlng Item(s) Ineluded In Part I above has to the best 01 my knowledge and belief an appraised V<1lue 01 not mora than $500 (per Item).
Enter Identifying letter/rom Part I and describe the specitlc Item. See instructions. ~
SI natura of tax donor
f,Rgffi.Jn(~ Declaration of Appraiser
I declare that I am not tne donor, the donee, a pari'{ to the transaction in which the donor acquired the property, employed by, or related to any of the foregofng
persons, or married te Bny person who 15 related to any of the foregolng person. And, If regularly used by the donor, donee, or pari'{ to the transaction, I
performed the majority of my appralsaJa durtng my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraIser or perform appnllsals on a regular basis; and that because of my qualifications all described
In the appraisal. I am quallned to make appraisals of the type of property being valued. I certify that the appraisal fees were not based on a percentage or the
appraised property value. FurtherlTlOl'l!l, I understand that a raise or fraudulent overstatement of the property value as described In the qualified epprel!>al or
tI'1ls appraisal summary may subJecl me to the penalty undel' sectJcn S701 (a) (aidIng and abetting the understateme"t of tax liability). lamrm thlrt I have not
been barred from pre$endns evidence or 18stlmony by the Director of Practic;e.
SIgn I
~ Signalure" Tille ~
Buslneu addren Oncludll1g roam or suHe no.)
Resort and Urban Property Consultants, Inc.
Oate~
Dale or C1PPrQlsQI ~
Identifying number
59-22511~9
Cily Dr lown, Slale, and ZIP code
Tampa, Florida 33609
~~.P~d.:lYj~ Donee ACknOWledgmen~-:-To be completed by the charitable organization.
ThIs charitable organization acknowledges that it i~1 a qualified organlultlon under section 170(c) and that it received the donated
property as described in Section S, Part I, above 011
(D:lle)
Furthermore, this organization affirms that in the eVElnt it sells. exchanges. or otherwise disposes of the property described In Section
B, Part I (or any portion thereof) within 2 years a1ter the date of receipt, it will file an Form 8262. Donee Informatlon Return, with the
IRS and give the donor a copy of that form. This ec:knowledgment does not represent agreement with the claimed fair market value.
NBme of chBrltBble organIZation (donee) Employer IdentltlcAtlon number
The Citv of Winter Sor1nqs
Addrasa (numbBr, IrtrBM. and room or sulle no.)
Clry or lown, ala Ie, lInd ZIP coda
Aulholl:ed signature
TIUe
OBis
JAMES R. MIKES
5005 Neptune Way
Tampa Florida 32609
Telephone 813-282-0587
December 23, 1997
RONALD McU~MORE
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Re: Don.ated 69 Acre Nature Preserve
Dear Mr. McLemore:
This letter conftrms that the conveyance of the 69 acre parcel bordered
by the Tuscawilla golf course holes 11 through 16 and Greenbriar Drive by
James R. Mikes to the City of Winter Springs by Special Warranty Deed with an
effective date of November 1, 1994 (the "Deed"), which was accepted on
December 24, 1997 by the City, was not a result of or a condition of the
Settlement Agreement entered into between the City and Florida Country
Clubs, Inc. on June 16, 1993 (the "Settlement Agreement"). The conveyance
was not made in consideration of any requirement, agreement or covenant of
the City in connection with the Settlement Agreement,
No claim shall be made in any lawsuit against the City, or any of its
Commissioners, agents, employees, attorneys or consultants (collectively called
the "City") that the Deed to the 69 acres was given in consideration of the
Settlement Agreement. No claim shall be made by the undersigned that the
City is obligated to anyone under the Settlement Agreement, or the existing
litigation (Case No. 97-2862-CIV-T 24, United States District Court, Middle
District, Florida) and issues involved therein, or otherwise as a result of the
conveyance of the 69 acres. The 69 acres was donated as a gift and for no
other purpose.
I understand that the acceptance of the Deed to the property being
conveyed by gift to the City is conditioned upon payment of all currently due
ad valorem and other taxes, and claims of any third parties. I will submit a paid
receipt for all such ad valorem taxes immediately following the recordation of
the Deed.