1032-Coe-ReleaseJointSettlementSTENSTROM, MCINTOSH, COEBERT, WHIGHAM & SIMMONS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
WILLIAM L. COLBERT
FRANK C. WHIGHAM
CLAYTON D. SIMMONS
ROBERT K. MciNTOSH
DONNA L.S. MCINTOSH
WILLIAM E. REISCHMANN. JR.
CATHERINE D. REISCHMANN
JAMES J. PARTLOW
October 19, 1998
Tony VanDerworp, City Manager
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Eric H. Coe et al. v. City of Sanford
Dear Mr. VanDerworp:
via HAND DELIVERY
Enclosed please find the original Joint Stipulation for Settlement which is being forwarded to you for
consideration by the City Commission at their October 26, 1998 meeting. Also, please be advised
that Dr. Coe is willing to accept a City of Sanford check as opposed to a cashier's check or certified
funds as stated in the Stipulation.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Very truly yours,
STENSTROM, McINTOSH, COLBERT,
WHIGHAM & SIMMONS, P.A.
Catherine D. Reischmann
Enclosure
cc: William L. Colbert, Esquire
SUNTRUST BANK • SUITE 22
200 WEST FIRST STREET
POST OFFICE BOX 4848
SANFORD, FLORIDA 32772 -4848
KENNETH W. McINTOSH
SANFORD (4071322.2171
S. KIRBY MONCRIEF
ORLANDO (4071 8345119
OF COUNSEL
FAX 14071 330 -2379
Ip
k�
bpi ^
HTTP: / /WWW.STENSTROM.COM
v .
DOUGLAS STENSTROM
,.I y
RETIRED
I s r
(
OC a 19
O CT
THOMAS E. WHIGHAM
®
r
E \files\cdc\cicies\sanfordUenm \v nde orp.II:drl
From BOWEN &CRIPIONE'RTTORNEYS PHONE No. : 904 589 1726 Oct.12 19% 8:52AM P03
1
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA
ERIC H. COE and DIANE COE,
Case No,:98- 1ss7•CA•18•K
Plaintiffs, Division:
V .
CITY OF SANFORD, a municipal
corporation organized and
existing under the laws of the
State of Florida,
Defendant.
I
JOINT STIPULATION FOR SETTLEMENT
THIS AGREEMENT made effective the date of the last signature hereto, by and between Eric H.
Coe and Diane Coe (collectively referred to hereinafter as "Coe ") and City of Sanford (the "City").
A. Coe has filed a lawsuit against the City entitled Eric H. Coe and Diane Coe vs. City of
Sanford, a municipal corporation organized and existing under the laws of the Stale of Florida, now
pending in the Circuit Court of the Eighteenth Judicial Circuit In and for Seminole County, Florida,
Case No: 98- 1857- CA -16 -K (the "Litigation").
B. The Litigation is an action for breach of contract arising from a Rental Property
Rehabilitation Lien entered into by and between Coe and the City on May 4, 1992 and recorded at
Official Records Book 2462, Pages 1097 through 1102, Public Records of Seminole County,
Florida (the "Lien ").
C, In order to avoid the time, expense, and risk of protracted litigation and other valuable
consideration, receipt of which Is hereby acknowledged by the parties to this Agreement, and in
consideration of the mutual covenants contained herein, Coe and the City have agreed to settle
and compromise the Litigation.
Therefore, It is agreed as follows:
1. The lettered paragraphs outlined in the Recitals above are true and correct and are made a
part of this Agreement,
2. Within twenty (20) days of the date of the last signature hereto, the City will deliver to Coe
at the law offices of Bowen & Campione, P.A., whose address is 600 Jennings Avenue, Eustis,
Florida 32726, an amount equal to Nine Thousand Five Hundred and Noll 00 Dollars ($9,500.00),
In the form of a cashier's check or certified funds ( "Settlement Amount').,
From B0WEN &CRMPIONE'ATTORTEYS PHONE No. : 904 589 1726 Oct-12 1998 8:53PM PO4
,
3. Prior to and until the date upon which the Settlement Amount is due hereunder, Coe and
the City hereby agree that they will not further prosecute the Litigation,
4. Payment of the Settlement Amount constitutes full and final settlement of the Litigation, On
receipt of the Settlement Amount, Coe will Immediately ffio a notice of vohmtary dismissal in the
Litigation, dismissing the Litigation with prejudice,
5. Upon payment of the Settlement Amount, Coe, automatically and without further action,
hereby remises, releases, acquits, satisfies and forever discharges the City of and from all, and all
manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,
accounts, reckonings, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law
or in equity, which Coe ever had, now has, or which personal representative, successor, heir or
assign of Coe, hereafter, can, shalt or may have, against the City with regard to the Litigation
and/or Lien.
6. Upon payment of the Settlement Amount, the City, automatically and without further action,
hereby remises, releases, acquits, satisfies and forever discharges Coe of and from all, and all
manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,
accounts, reckonings, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law
or in equity, which the City ever had, now has, or which personal representative, successor, heir or
assign of the City, hereafter, can, shall or may have, against Coe with regard to the Litigation
and/or Lien.
7. Coe and the City acknowledge and agree that the payment of the Settlement Amount is not
to be construed as an admission of liability, or lack thereof, on the part of either party, It is
understood and agreed that this settlement Is a compromise of doubtful and disputed claims,
liability being expressly denied.
a. This Agreement is effective as to all matters, including those not know, arising out of the
events and relationships described herein.
9. Coe and the City acknowledge that they have read and understand this Agreement, and
have executed this Agreement treely and voluntarily. Further, Coe and the City represent and
warrant that they have had the advise of legal counsel or have voluntazily waived the right to
counsel in the negotiation, preparation and execution of this Agreement.
10. To facilitate execution, this Agreement may be executed in as may counterparts as may
be required, and it shall not be necessary that the signature or each party, or on behalf of each
party, appear on each counterpart It shall be sufficient that the signature of, or on behalf of,
each party appear on at least one counterpart. All counterparts'shall collectively constitute a
single agreement,
11. The parties acknowledge that they participated equally in the drafting of this Agreement
and that, accordingly, no court construing this Agreement shalt construe it more stringently or
liberally for or against either party.
12. No waiver of any provision hereof shall be effective unless executed in writing by the
party claimed to have made the waiver. No waiver of a provision hereof shall constitute a
continuing waiver.
From BN;JEW"MPSONE'RTTORNEYS PHONE No. : 904 559 1726 Oct.12 in98 8:54AM P05
A
13. In the event that any provision of this Agreement shall be held to be Invalid or
unenforceable, that provision shall be deleted herafrom without affecting, in any respect
whatsoever, the validity of the remainder of this Agreement.
14. This Agreement shall be binding upon and shall inure to the benefit of the parties and
their respective heirs, assigns, and successors- In4nterast.
15. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida.
16. Coe and the City hereby agree that this Agreement shall be presented to the Court and
shall be considered by the Court as a joint stipulation for settlement for entry of an order by the
Court approving this Agreement, ordering that the parties comply with it, and reserving jurisdiction
to enforce its terms.
17. In any action to enforce this Agreement or collect the amounts due hereunder, the
prevailing party shall be entitled to all reasonable costs and expenses, including reasonable
attorneys' fees (including reasonable attorneys' teas on appeal or in any bankruptcy
proceeding),
WHEREFORE, Coe and the City have caused their respective authorized representatives to set
their hands and seals to this Joint Stipulation of Settlement effective the dates listed below.
ERIC H. COE DIANE COE
D� cam„
CITY OF SANFORD