HomeMy WebLinkAbout027-Mediated Settlement AgrmtIN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
SEMINOLE COUNTY, FLORIDA
SEMINOLE CLUB, INC.
Plaintiff,
V.
THE CITY OF SANFORD,
Defendant.
Case No: 98- 1113- CA -15 -B
MEDIATED SETTLEMENT AGREEMENT
At a mediation conference held on May 11, 2000 the parties agreed as follows:
1. Subject to and conditioned upon the approval of the City Commission of the City of
Sanford, Florida on or before June 12, 2000:
a. The parties shall amend the Effluent Disposal/Irrigation Agreement between them
dated April 25, 1988, as follows:
(1) City guarantees an average of 450,000 gallons per day at a
minimum, measured over a lease year.
(2) City guarantees no less than 2,250,000 gallons during any week (7
days).
(3) Seminole Club, Inc. shall provide 72 hours advance notice, by fax
to the Utilities Director, of intent to fertilize or apply other chemicals.
(4) Seminole Club, Inc. may, at its expanse, audit the City's reclaimed
water flow records to assure compliance.
(5) In the event City fails to meet the above minimums it shall pay
Seminole Club, Inc. $.25 per 1000 gallon for shortage at the end of
the lease year. Similarly, Seminole Club, Inc. shall pay the City $.25
per 1000 gallons if it does not consume the minimums as determined
at the end of the lease year.
b. The parties shall amend their Lease Agreement dated March 11, 1981 deleting
paragraph number 2 and replacing it with the following:
Mediated Settlement Agreement
Seminole Club, Inc. v. The City of Sanford
Case No. 98- 1113- CA -15 -13
Page 1
Lessee covenants and agrees, during the remaining term hereof, to make rental payments to
Lessor in the amount of 5% of gross revenue. The rent shall be due on the thirtieth day following the
end of each lease year or following the termination or expiration ofthe term, as the case maybe. Said
annual percentage rent shall be payable at City Hall, without any prior demand therefor and without
any deductions or setoffwhatsoever, except as provided in the Effluent Agreement and /or Irrigation
Maintenance Agreement. If assignment occurs before the end of the lease year, then the rent shall
be due at the time of assignment from the current Lessee, prorated for the number of months since
the beginning of the lease year to the time of assignment. Should the Lessor not be satisfied with the
Auditor's annual statement described in paragraph 18 ofthe lease, the Lessor may at its own expense
audit and check Lessee's books and records.
Gross revenue shall be defined as all revenues derived from all sources except proceeds from
the operation ofthe pro shop, as long as the pro shop is being operated by the pro as a reimbursement
to the pro. Pro shop proceeds shall be limited to the sale of all merchandise, golfing equipment and
proceeds from golf lessons, but shall specifically exclude golf rentals. Quarterly and annual
accountings shall be rendered to the City of Sanford as provided in paragraphs 18 and 19 ofthis lease.
c. The parties shall amend the Effluent Agreement to provide for the maintenance of
the irrigation system by Seminole Club, Inc. for a term concurrent with the lease.
Payment for said maintenance shall be the lessor of the amount paid for rent as above
in paragraph 1(b), or $65,000 (adjusted annually beginning March 2001 according to
the CPI) due 30 days after end of lease year. The responsibility of the City shall be
limited to the following:
4) (A) City_ Responsibilities - The City shall continue to maintain the
master pump station at the golf course and all related pump station
components with the exception of the fertigation system (this shall
include the jockey pump, pond level, etc). The City shall be
responsible for maintaining all large diameter pipe lines (4 inch and
larger). The City shall have the right to enter upon the premises at
any time in order to inspect an monitor the irrigation system to insure
that the Golf Course is operating and maintaining the system
according to industry standards.
Seminole Club, Inc. shall otherwise maintain the irrigation system in working condition.
d. During the balance of the term of the lease Seminole Club, Inc. agrees to 1)
i provide a free golf clinic every Monday from June 1 to September 30 for any Sanford
resident 17 years and under (including hot dog and cold drink lunch); and 2) provide
any Sanford resident with unlimited play for any given day (including cart) for the
published daily rate from June 1 to September 30, except weekends and holidays.
Mediated Settlement Agreement
Seminole Club, Inc. v. The City of Sanford
Case No. 98- 1113- CA -15 -B
Page 2
e. $25,000 of the money in the registry of the court shall be paid to the City. The
balance, including interest shall be paid to Seminole Club, Inc. The expenses of the
clerk's fee shall be paid fifty /fifty.
f. Within the 120 days following approval ofthis agreement Seminole Club, Inc. shall
spend on labor and materials, no less than $50,000 on repairs and/or replacements to
the irrigation system.
The City may, at its expense, audit said expenditures.
g. The agreement shall be retroactive to March 12, 2000.
h. The parties shall execute and deliver mutual general release, except for the
amended agreements between them, in a form reasonably satisfactory to counsel.
i. Upon payment in full and execution and delivery of the amendments and releases
the parties shall, by joint stipulation dismiss this case and 00- 906 -15 -B in the 18
Circuit, each side to pay their own costs and fees.
By: /s/ John Daniels
Seminole Club, Inc.
/s/
Counsel, John Bill
/s/
Mediator, Jay Cohen
y;
9
By: /s/ Tony VanDerworp
The City of Sanford
By: /s/ Mayor Larry Dale
The City of. Sanford
/s/
Counsel, Catherine Reischmann
Mediated Settlement Agreement
Seminole Club, Inc. v. The City of Sanford
Case No. 98-1113-CA-1 5-B
Page 3
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Mediated Settlement Agreement
Seminole Club Inc. v. The City of Sanford
Case No. 98- 1113- CA -15 -B
Page 4
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Delete old paragraph 2, and add the following:
Lessee covenants and agrees during the remaining term re
- in the amount of ,#J of gross revenue. The rent all be
end of each lease year or following the terminatio or expir
Said annual percentage rent shall be payable at ity Hall i
e ever.
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make rental payments to lessor y �•�+'i°
on the thirtieth day following the
of the term, as the case may be.
: any prior demand therefor mid 64 "
- If assignment occurs
before the end of the lease year, then the rent shall be due at the time of assignment from the
current lessee, prorated for the number of months since the beginning of the lease year to the time
of assignment. Should the lessor not be satisfied with the Auditor's annual statement described in
paragraph 18 of the lease, the lessor may at its own expense audit and check lessee's books and
records.
Gross revenue shall be defined as all reven s derived from all sources except proceeds from the
operation of the pro shop, as long as th ro shop is being operated by the pro as a reimbursement
to the pro. Pro shop proceeds shall the sale of all merchandise, golfing equipment and
proceeds fbim golf lesso4 but shall specifically exclude golf rentals. Quarterly and annual
accountings shall be rendered to the City of Sanford as provided in paragraphs 18 and 19 of this
lease.
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4)
(A) City Responsibilities The City shall continue to maintain the
master pump station at the golf course and all related pump station
components with the exception of the fertigation system (this shall
include the jockey pump, pond level, etc). The City shall be
responsible for maintaining all large diameter pipe lines (4 inch and
larger). The City shall have the right to enter upon the premises at any
time in order to inspect and monitor the irrigation system to insure that
the Golf Course is operatirrg and maintaining the system according to
industry standards..
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