HomeMy WebLinkAbout2011 11 14 Other - Documents provided to the Mayor and Commission by City Staff - Public Hearings Item '501' Date: November 14, 2011
These documents were provided to the Mayor
and City Commission by City Staff for the
discussion of Public Hearings Agenda Item
"501" during the November 14, 2011 City
Commission Regular Meeting.
November 14, 2011
Honorable Mayor and City Commission,
Anthony Garganese asked that this information be distributed
pertaining to Public Hearings 501. Anthony made one (1) technical
change to the settlement Agreement outline made at the Plaintiff's
request. The change simply cross references the actual paragraph that
requires payment of the impact, building and other fees.
n. Dismissal of the Litigation: Plaintiffs agree to dismiss the State Court
(Case No. 10- 57 -AP) and Federal Court (Case No. 6:10 -CV- 01905- MSS -DAB)
Litigation with prejudice contingent upon the following conditions: (1) final
approval of The Fountains at Moss Park by the City of Winter Springs as
contemplated herein; (2) reimbursement of the City impact, connection, plan
review and permit fees as outlined above; and (3) approval by FHFC of the
request to transfer the Town Park Housing Credit allocation to The Fountains at
Moss Park property. If any of these conditions do not occur for any reason
whatsoever, Plaintiffs will not dismiss the Litigation with prejudice and such
litigation may proceed unaffected. Upon execution of the settlement agreement,
Plaintiffs and the City shall immediately notify the State and Federal Court that a
conditional settlement agreement has been reached and request that the Courts
stay any further action in the cases until such time that Plaintiffs file a dismissal
with prejudice or the parties notify the Courts that the Litigation must continue
because the conditions of dismissal stated in the settlement agreement were not
satisfied. The details of effectuating the purposes of such stay and the manner in
which it is achieved (including through a vehicle other than a stay), may be
reasonably dealt with by the attorneys for the parties.
o. Mutual Releases; No Liability. Upon dismissal of the Litigation as outlined
above, each party shall release and hold harmless the other (inclusive of all
principals, employees, attorneys, elected and appointed officials) from the
beginning of time through the date of dismissal, including a release of all
liabilities and claims that were raised in the Litigation or which could have been
raised including, by way or example and not limitation, through a counter claim(s)
Draft 11.10.11
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