2545 Zach Miller Settlement AgreementSTENSTROM,
MCINTOSH, COLEERT & WHIGHAM, P.A.
ATTORNEYS AND COUNSELORS AT LANK
WILLIAM L. COLBERT
FRANK C. WHIGHAM
300 INTERNATIONAL PARKWAY LONNIE N. GROOT
SUITE 100 / DAVID W. HALL
KENNETH W. MCINTOSH
LAKE MARY, FLORIDA 32746 /�� �� JULIANNA ROSS
-RETIRED-
PHONE: (407) 322-2171 1 7
ROBERT K. MCINTOSH
FAX: (407) 330.2379 d'
-RETIRED-
WWW.STENSTROM.COM
March 12, 2024
Traci Houchin, City Clerk, CMC, FCRM
City of Sanford
300 N. Park Avenue
Sanford, FL 32773
Re: Mutual Release and Settlement Agreement between Miller Construction Services,
Inc., Zachary R. Miller and the City of Sanford
Dear Madam City Clerk:
Please find enclosed the original Mutual Release and Settlement Agreement between
Miller Construction Services, Inc., Zachary R. Miller and the City of Sanford for the City's
records.
As always, it is our pleasure to be of assistance to the City.
Sincerely,
STENSTROM, McINTOSH, COLBERT & WHIGHAM, P.A.
C ic�aorina :��m.,a
Julianna Ross, Assistant City Attorney
Enclosure
cc: Nicole J. Osburn, Director / Community Relations & Neighborhood Engagement
(via electronic mail)
SERVING CENTRAL FLORIDA
—SINCE 1934 —
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Mutual Release and Settlement Agreement (the "Settlement Agreement") is
entered into by and between MILLER CONSTRUCTION SERVICES, LLC and ZACHARY
R. MILLER (collectively referred to as "Miller") whose address is 8241 Via Bonita Street,
Sanford, Florida 32771, and THE CITY OF SANFORD, FLORIDA ("City"), a municipal
corporation of the State of Florida, whose address is 300 North Park Avenue, Sanford,
Florida 32771. Miller and City (collectively referred to herein as the "Parties" and
singularly as "Party") agree to be bound by the following terms and conditions:
RECITALS
WHEREAS, the Parties entered into an agreement on September 8, 2015 entitled,
"Second Amendment To Developer Agreement RFP -10/11-18 Between The City of
Sanford And Miller Construction Services, LLC (HUD Neighborhood Stabilization
Program Three —Acquisition, Rehabilitation, And Release of Single Family Homes" ("NSP
Agreement"); and
WHEREAS, certain disputes have arisen concerning Miller's alleged performance
and nonperformance of his contractual duties pursuant to the NSP Agreement; and
WHEREAS, the Parties desire to resolve the dispute according to the terms
provided in this Settlement Agreement.
NOW THEREFORE, in consideration of the promises set forth herein, and for good
and valuable consideration, the Parties mutually agree as follows -
1 .
ollows:
1. Settlement Amount and Payment Terms: Miller shall pay City $65,000.00 in full and
final satisfaction of all amounts alleged due under the NSP Agreement, including
any and all damages alleged to have resulted from Miller's performance or
nonperformance of the NSP Agreement. Payment in full must be remitted to the
City on or before March 4, 2024. Payment shall be made payable to the City of
Sanford, Florida and delivered to the Finance Department, City of Sanford, Florida,
300 North Park Avenue, Sanford, Florida 32771.
2. Upon payment in accordance with the terms set forth in Section 1, above, this
Settlement Agreement shall act as a mutual release of any and all claims either
Party, or either Party's agents, successors, assigns, heirs, beneficiaries,
executors, administrators, employees, officers, officials, directors, elected officials,
shareholders, members, insurers, and legal representatives may have against the
other Party, or other Party's agents, successors, assigns, heirs, beneficiaries,
executors, administrators, employees, officers, directors, elected officials,
shareholders, members, insurers, and legal representatives, for any and all
manner of action and actions, cause and causes of action, suits, debts, dues, sums
of money, accounts, reckonings, bills, covenants, contracts, controversies,
agreements, damages, judgments, executions, claims, and demands whatsoever,
known or unknown, in law or in equity, by reason of any and all matters whatsoever,
including without limitation any claims arising out of or connected in any way with
the NSP Agreement. Payment by Miller shall satisfy all obligations of Miller under
the NSP Agreement. Notwithstanding the broad nature of this release, nothing
herein shall release any claims related to the performance of or representations
contained in this Settlement Agreement.
3. If either Party takes action to enforce the terms of this Settlement Agreement, the
prevailing Party shall recover from the non -prevailing Party all reasonable
attorneys' fees and actual costs associated with such enforcement.
4. This Settlement Agreement may be executed in counterparts, each of which shall
be deemed one and the same instrument. Delivery of an executed counterpart of
this Settlement Agreement by facsimile or by electronic mail shall be equally
effective as the original and shall be deemed to be an original for all purposes.
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement
for the purpose herein expressed and Miller and City represent and affirm that the
signatories below have full and lawful authority to bind the Party in every respAct.
Attest/Witnesses
Printed Name:
Primed ame: 'fL
Attest:
Traci Houchin, MMC, FCRM
City Clerk
By:
iry rj, Miner
CITY OF SANFORD
Bonaparte, Jr., 15W -Cm
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