668-Pebble Junction-Settlement DEAN, a~XNGER~I, MORGAN AND
PROFESS]ONAL ASSOCIATION
ATTORNEYS AT LAW
GOBLE D. DEAN EOLA PARK CENTRE, SUITE 1020 S, RENEE STEPHENS
ANDREW L. RINGERS+ 200 EAST ROBINSON STREET DOUGLAS 'E NOAH
DALE O. MORGAN * POST OFFICE BOX 2928 JEFFREY R. R]CHARDSON
WILLIAM E. LAWTON 4.++. ORLANDO, FLORIDA 32802 SETH A. THOMAS
LAMAR D. OXFORD (407) 422'43 ~ O ALAN D. KALINOSKI .+++
F. SCOTT PENDLEY++* FAX (407) 648'O233 JOHN M. JOYCE
JOHN D, ROBINSON G. CLAY MORRIS
FRANK C. WESIGHAN+ SILVIA M. HOEG
JEFFRY J. BRANHAM + A. LYNNE RINGERS ++
JOSEPH R. FLOOD, JR.
A. WALTER AKIN
t FLORIDA BAR BOARD CERTIFIED pARALEGAL
CiViL TRIAL LAWYER
+ FLOR)DA ~AR BOARD CERT]FEED ~++ADMI~ED TO THE DIS~ OF COLUMBIA BAR
WORKERS' COMPENSATION LA~ER ADMIRED TO THE iLLINOiS BAR
++ ADMITTED TO THE GEORGIA BAR
October2, 1997
William A. Simmons, City Manager
City of Sanford
Post Offi~ Box 1788
Sanford, Florida 32772-1788
Re: City of Sanford v. Kevan Busi k d/b/a Pebble Jun~ion
Dear Bill:
Please find enclosed a copy of the General Release and Settlement Agreement
signed by Mr. Busik in the above-r~eren~d matter. I have fo~arded the original to Mr.
Reischmann to be maintained in his file.
Once again, it was a pleasure working with you and the fine folks at the City and I
look fo~ard to doing so again in the future.
Thank you for your time and consideration.
~.Jo~p~ ~.7 Ioo r
DIVAN, ~NGERS, ~ORGAN AN'D
GQBLE D. DEAN EOLA PARK CENTRE, SUITE ~O20 S. RENEE STEPHENS
ANDREW L. RINGERS~ 200 EAST ROBINSON STREET DOUGLAS ~ NOAH
DALE O. MORGAN~ POST OFFICE BOX 2928 JEFFREY R. RICHARDSON
WILLIAM E. LAWTON ~+' ORLANDO, FLORIDA ~2802 SETH A. THOMAS
LAMAR D, OXFORD (407) 422'4310 ALAN D, KALINO~KI'+++
F. SCOTT PENDLEY++* FAX (407) 648'O233 JOHN M, JOYCE
JOHN D, ROBINSON G. CLAY MORRIS
FRANK C. WESIGHAN + SILVIA M, HOEG
JEFFRY J. BRANHAM + A, LYNNE RINGERS
JOSEPH R, FLOOD, JR,
A, WALTER AKIN
October 2, 1997
~ 6 1997
William E. Reischmann, Jr., Esq.
Stenstrom, Mclntosh, Colbe~,
Whigham & Simmons, P.A.
Post Office Box 4848
Sanford, Florida 327724~8
Re: City of Sanford v. Busik d~/a Pebble Jun~ion
Our File No.: 21-342
Dear Bill:
Please find enclosed for your file the original General Release and Seffiement
Agreement signed by Mr. Busik in the above-referen~d matter. If the same has not
already been done, please file a dismissal with prejudice of the Cites a~ion against Mr.
Busik and Pebble Junction, providing a ~py of that to myself.
Bill, it was ~ainly a pleasure working with you on this matter and I am happy that
we were able to resolve it to eve~one's satisfaction. I look fo~ard to the oppo~unity to
work with you and the fine folks at the City again in the future.
Thank you for your time and ~nsideration.
'n~rely,
JRF/tmp /
Enclosure
~: William A. Simmons ,
GENERAL RELEASE AND SETTLEMENT AGREEMENT
This release and settlement agreement is entered into between J. KEVAN BUSIK
d/b/a PEBBLE JUNCTION and DELAWARE VALLEY LANDSCAPE STONE, INC. and the
CITY OF SANFORD.
WHEREAS, a Complaint has been filed by J. KEVAN BUSIK d/b/a PEBBLE
JUNCTION and DELAWARE VALLEY LANDSCAPE STONE, INC. against the CITY OF
SANFORD, Case No. 95-2367-CA~14-L in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida alleging J. KEVAN BUSIK d/b/a PEBBLE
JUNCTION and DELAWARE VALLEY LANDSCAPE STONE, INC. incurred damages on
March 14, 1994 as a result of the actions of the agents of the CITY OF SANFORD; and
WHEREAS, the CITY OF SANt~ORD has denied, and continues to deny any and
all liability for any of the aforesaid claims, injudes and damages; and
WHEREAS, J. KEVAN BUSIK d/b/a PEBBLE JUNCTION and DELAWARE VALLEY
LANDSCAPE STONE, INC. have agreed to pay the sum of $30,793.88 to the CITY OF
SANFORD as the full and total amount due and owing to the CITY OF SANFORD pursuant
to the City's storm water assessment fees. including principal and interest, through July
31"t, 1997; and
WHEREAS, J. KEVAN BUSIK d/b/a PEBBLE JUNCTION and DELAWARE VALLEY
LANDSCAPE STONE, INC. have agreed and do agree to continue to timely pay the City's
storm water assessment fee applicable to the PEBBLE JUNCTION property beginning
August 1't, 1997 and continuing in the future; and
PAGE 1 OF 4
WHEREAS, the CITY OF SANFORD has agreed to dismiss with prejudice their
claim against J. KEVAN BUSIK d/b/a PEBBLE JUNCTION and DELAWARE VALLEY
LANDSCAPE STONE, INC. for said storm water assessment amounts as more fully set
forth in Case Number: 95-2367-CA-14-L, in the Circuit Court of the Eighteenth Judicial
Circuit in and for Seminole County, Florida; and
WHEREAS, all parties have agreed to bear their own costs and attorneys fees
associated with claims presented in Case Number 95~2367-CA-14-L; and
WHEREAS, J. KEVAN BUSIK d/b/a PEBBLE JUNCTION and DELAWARE VALLEY
LANDSCAPE STONE, INC. have agreed to accept the sum of Eleven Thousand and Five
Hundred Dollars and 00/100 ($11,500.00) and other good and valuable consideration, in
compromise and settlement of any and all claims they may have, whether now known or
contemplated, arising out of the damages sustained by them, resulting from the action of
any agent, employee or servant of the CITY OF SANFORD; and further agree to dismiss,
with prejudice, their claim filed in Case No. 95-2367-CA-14-L, in the Eighteenth Judicial
Circuit Court, Seminole County, Florida, referred to above and against the CITY OF
SANFORD.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the said and undersigned J. KEVAN BUSIK d/b/a PEBBLE JUNCTION and
DELAWARE VALLEY LANDSCAPE STONE, INC. for the above-described sum and other
good and valuable consideration, does hereby remise, release and forever discharge the
CITY OF SANFORD any of their respective agents, servants, representatives, employees,
PAGE 2 OF 4
subsidiaries, divisions, predecessors and successors, and any persons, firms or
corporations in privity with them, of and from any and all manner of action and causes of
actions, suits, sums of money, trespasses, agreements, controversies, damages, claims
and demands whatsoever, including costs and attorneys' fees, in law or in equity, or claims
in equity, which are against said CITY OF SANFORD, their heirs, executors and
administrators by any reason or matter, cause or thing from the beginning of the wodd to
the date of these presents. Nothing in this release shall relieve the City of Sanford from
its duty to maintain the City's storm water system.
The undersigned J. KEVAN BUSIK d/b/a PEBBLE JUNCTION and DELAWARE
VALLEY LANDSCAPE STONE, INC. accept and assume all risk, chance or hazard that
said damages or losses arising out of the matters set forth in the complaint herein,are now
or may become greater, more numerous or more extensive that is now known, anticipated
or expected; and the undersigned agree that this Release applies to all such damages or
losses of every kind and character even though now unknown, unanticipated or
unexpected,
In entering into this General Release, J. KEVAN BUSIK d/b/a PEBBLE
JUNCTION and DELAWARE VALLEY LANDSCAPE STONE, INC. represent that they
have completely read all terms hereof and that such terms are understood and
voluntarily accepted.
The undersigned warrants and agrees that no promise or inducement not herein
expressed has been made; that payment of the above mentioned sum is in compromise
settlement and full satisfaction of all the aforesaid actions, claims and demands
PAGE 3 OF 4
whatsoever, that the undersigned is over 21 years of age and legally competent to
execute this Release, and the undersigned is fully informed of the contents of this
Release and signs it with full knowledge of its meaning.
IN WITNESS WHEREOF, the undersigned hereby sets his hand and seal this
'7~ -%/'7~; ~ ~A 1997.
~ ,, _ day of .. ,
Notarial Sea~
bra A. Wagner, Nora Public
Signed, sealed and delivered My CS~membH~'oT?; Sucks~ou.y
De ~s z n E pires June 9. 2001
in the preser:ce of: Member, Pennsylvania Association of
wi+NESS .
/a PEBBLE JUNCTION
Mark ~Si
L. Ornstein, Esq. uth:n~ed Representative of
SWORN TO AND SUBSCRIBED before me this day of
,1997.
SIGNATURE OF NOTARY PUBLIC - STATE OF FLORIDA
PRINT, TYPE OR STAMP COMMISSIONED NAME OF NOTARY
Personally known or Produced Identification
Type of identification produced
PAGE 4 OF 4