10-2133 Settlement Agreement with Leon & Son Sod Company

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RESOLUTION 10-2133 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN LEON AND SON SOD CORPORATION AND THE CITY OF CASSELBERRY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Casselberry desires to settle with LEON AND SON SOD CORPORATION (hereinafter "LEON"), one of the subcontractors and defendant named in the lawsuit filed in the Circuit Court in and for Seminole County, Florida, styled City of Casselbe~°ry v. Gcrr•den World, et al., Case No. 2009-CA-004595, and in the federal banl~ruptcy court cases filed in the U.S. Bankruptcy Court, Middle District of Florida as follows: Chapter 11 Case No. 08:09-bk-20492-CED; Adversary Proceeding cases filed by FTrans, Case Nos. 8:09-ap-00690-CED; 8:09-ap-00765, and Adversary Proceeding case filed by Garden World, Case No. 8:10-ap-00045-CED; (hereinafter "Lawsuit"), against GARDEN WORLD OF HOLIDAY, INC., d/b/a GARDEN WORLD NURSERY AND LANDSCAPING SERVICES ("Contractor") and all of Contractor's subcontractors; and WHEREAS, LEON claims that the amount of $6,133.80 is owed to it by the City based on the Contract with the Contractor; and WHEREAS, LEON has agreed to accept $1,500.00 in full payment of all amounts allegedly owed by the City; however, LEON would retain any recourse to its portion of the remaining contract funds that the City has attempted to interplead into the Court's registry in the amount of $55,505.94. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. The City Commission of the City of Casselbei7y hereby approves the Settlement Agreement AND Release with LEON (attached as "Exhibit A"), and authorizes the Mayor to execute said document on behalf of the City. SECTION II. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION III. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Resolution.