R97-157
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RESOLUTION NO. R97 -/51"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON. BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A SETTLEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND PALM BEACH
LEISUREVILLE COMMUNITY ASSOCIATION, INC.,
PROVIDING FOR SETTLEMENT OF PENDING
LITIGATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach Leisureville Community Association, Inc. filed a
complaint in Palm Beach County Circuit Court seeking declaratory relief against the
City of Boynton Beach with respect to plat language and responsibility for
maintenance of certain water and sewer lines in the Palm Beach Leisureville
Community; and
WHEREAS, at the City Commission Workshop Meeting of August 25, 1997,
staff was able to make presentations to the City Commission with respect to the
proposed settlement of pending litigation involving Palm Beach Leisureville
Community Association, Inc.; and
WHEREAS, the City Commission of the City of Boynton Beach has
determined that it is in the best interests of the citizens and residents of the City to
settle the pending litigation with Palm Beach Leisureville Community Association,
Inc..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes and directs the Mayor
and City Clerk to execute the Settlement Agreement attached hereto as Exhibit "A,"
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!b..,lW\>~n th~ City of Boynton Beach and Palrn B~ach L~isur~vill~ Cornrnunity
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I """sspciation, Inc., providing for s~ttl~rn~nt of p~nding litigation in Palrn B~ach
Cqunty Circuit Court b~tw~~n th~ parti~s (Cas~ NO. CL 9EHl424 AS).
section 2. That this R~solution shall b~corn~ eff~ctiv~ irnrn~diat~ly upon
passage.
PASSED AND ADOPTED this /~ day of September, 1997.
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO: CL-96-8424 AB
PALM BEACH LEISUREVILLE
ASSOCIA TrON, INC.
CLOSE FILE
Plaintiff,
v.
CITY OF BOYNTON BEACH,
Defendant.
/
AGREED ORDER APPROVING THE TERMS AND CONDITIONS
OF THE STIPULATION OF SETILEMENT
This cause came on for ruling before the Court upon the foregoing Stipulation of
Settlement dated October 15, 1997. the Court having reviewed the Court file, the
Stipulation of Settlement, and being otherwise fully advised in the premises, it hereby
ORDERED AND ADJUDGED, as follows:
1. That the Court hereby adopts, ratifies and reaffirms the terms and conditions
of the Stipulation of Settlement entered into by and between the parties hereto in the
above-captioned action.
2. All claims are dismissed with prejudice subject to the terms of the Stipulation
of Settlement.
3. All parties shall bear their own attorneys fees and costs.
SIGNED AND DATED
DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, this
- day of November, 1997. NOV 1 9 1997
Copies furnished to:
Judge Kenneth A. ......
JUDGE KENNElH A. MARRA
STEVEN R. BRATEN, ESQ., Becker & Poliakoff, P.A, 500 Australian Avenue South, 9th
Floor, West Palm Beach, Florida 33401
JAMES A. CHEROF, ESQUIRE, Josias, Goren. Cherof, Doody & Ezrol, P.A., 3099 East
Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308
109678 4
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IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY,
FLORIDA
CASE NO. CL 96-8424 AB
PALM BEACH LEISUREVILLE
ASSOCIATION, INC.,
Plaintiff,
v.
CITY OF BOYNTON BEACH,
Defendant.
/
STIPULATION OF SETTLEMENT
The Plaintiff, PALM BEACH LEISUREVILLE ASSOCIATION, INC., (hereinafter
"ASSOCIATION") and the Defendant, CITY OF BOYNTON BEACH, (hereinafter "CITY")
by and through their undersigned attorneys, stipulation and agree to the settlement of the
above captioned litigation and state as follows:
1 . The parties have agreed to settle, fully and finally, all differences and
disputes between them arising out of this action. Therefore, the parties hereby stipulate
that all matters raised by the ASSOCIATION'S Complaint, or which could have been
raised, have been amicably settled.
2. The CITY shall maintain and repair, at its sole expense:
A. The main sewer lines within the Palm Beach Leisureville Community
as shown on the recorded subdivision plats for such community.
B. Any defect to those portions of the connection between the main
sewer line and the lateral sewer line which are depicted as portion
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"A" or "B" on Exhibit "1" attached hereto.
C. Fill in any holes or excavations made in connection with such
maintenance and repair provided, however, that the ASSOCIATION
will, at its expense, perform the finishing top coat on any portion of
the road surface excavated for repair.
The method of maintenance and repair shall be solely within the discretion of the
CITY provided that all repairs shall be performed in a timely manner using generally
accepted methods and materials. Nothing herein shall limit the CITY from replacing those
portions of the main or lateral sewer lines for which it is responsible under the terms of
this Agreement, if in the City's discretion, replacement is a more satisfactory procedure for
dealing with the defect.
3. Responsibility for maintenance and repair to all other portions of the lateral
sewer line shall be the responsibility of the adjacent property owner or the ASSOCIATION
in accordance with the ASSOCIATION'S governing documents.
4. The ASSOCIATION owns the storm drainage facilities located within the
thirty (30) foot private road easement areas within the LeisurevilJe Community. When
requested to do so by the ASSOCIATION, the CITY shall repair or replace the storm
drainage facilities located within such 30' private road easement areas. ASSOCIATION
shall reimburse CITY for the CITY'S cost of labor and materials within 45 days of being
invoiced by the CITY.
5. All maintenance, repairs, replacement and other work performed by CITY
pursuant to this Agreement, shall be performed in a timely manner and in compliance with
acceptable industry standards, as such is needed to maintain the property in proper
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working order.
6. Concurrently with the execution of this Stipulation of Settlement
("Agreement"), the ASSOCIATION shall deliver to counsel for'the CITY an executed copy
of a Notice of Voluntary Dismissal With Prejudice of the Civil action filed by the
ASSOCIATION, CASE NO. CL 96-8424 AB. Counsel for ASSOCIATION shall
immediately file the ASSOCIATION'S Notice of Voluntary Dismissal With Prejudice with
the Court.
7. Nothing herein shall operate as a limitation on the City's power to undertake
a comprehensive repair or reconstruction program to all or part of the City's water, sewer
or storm water drainage system located within the Leisureville community or from treating
such comprehensive undertaking as a special assessment pursuant to Chapter 170,
Florida Statutes, although no such comprehensive project is currently contemplated.
8. The settlement of this action does not constitute an admission by any
person or entity of any wrongdoing.
9. Each party shall bear their own attorneys' fees and costs incurred in this
action.
10. If any portion or portions of this Agreement may be held by a court of
competent jurisdiction to conflict with any federal, state or local/aw, and as a result such
portion of portions are declared to be invalid and or no force or effect in such jurisdiction,
all remaining provisions of this Agreement shall otherwise remain in full force and effect
and be construed as if such invalid portion or portions had not been included herein.
11. This Agreement shall be governed and construed by the laws of the State
of Florida.
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12. This Agreement may be signed in several counterparts, but all when taken
together shall constitute but a single document when executed by all parties. This
Agreement shall not constitute the agreement of the parties until such time as it has been
executed by all parties and approved by the Court.
13. Each party acknowledges and agrees that no representations or promises
have been made to or relied upon by any of them or by any person acting for or on his
behalf in connection with the subject matter of this Agreement which are not specifically
set forth herein. All representations and promises made by any part to another, whether
in writing or orally, are understood by the parties to be merged in this Agreement.
14. This Agreement shall be binding upon and shall inure to the benefit of the
parties, their respective heirs, beneficiaries, personal representatives, successors, and
assigns.
15. This Agreement and all documents and instruments executed in connection
herewith or in furtherance hereof may not be amended, modified or supplemented except
by an instrument in writing signed by all parties thereto.
16. Each party agrees to execute such further and additional documents,
instruments and writings as may be necessary, proper, required, desirable or convenient
for the purpose fully effectuating the terms and provisions of this Agreement.
DATED: Ie I, c; JC'{ 4- JOSIAS, GOREN, CHEROF, DOODY
& EZROL, P.A.
Attorneys for Defendant/City
3099 East Comme . I Blvd., Suite 200
Fort Lauderdale, L 3308
Telepho : (954 7 1-4500
BY:
Approved by City Commission
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DATED:
BY:
DATED: /c? -/5 -
S:ca\cases\Lville Stip
PALM BEACH LEISUREVIUE
ASSOCIATION, INC.
BY~~
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BECKER & POLlAKOFF, P.A.
500 Australian Avenue South, 9th Floor
WestPalm Beach, FL 33401
Telephone" 4'
BY:
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EXHIBIT 1
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TYPICAL LATERAL CONNECTION
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