10-2132 Settlement Agreement with Southern Landscaping & Irrigation

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RESOLUTION 10-2132 WHEREAS, the City Commission of the City of Casselberry desires to settle the counterclaim filed by SOUTHERN LANDSCAPING & IRRIGATION SYSTEMS, INC., (hereinafter "SOUTHERN") against the CITY, seeking recovery of $66,160.00, which is the amount which SOUTHERN alleges remains due to SOUTHERN arising from the lawsuit filed in the Circuit Court in and for Seminole County, Florida, styled City of Casselber~•y v. Garden World, et crl., Case No. 2009-CA-004595, and in the federal bankruptcy 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, SOUTHERN has agreed to accept $26,250.00 in full payment of all amounts owed. NOW, ~~++T7IIEREI+'ORv E, BE IT RESOLVED BY THE CITY OI+ CASSELBERRY, FL®RIDA, A~J i ®LL®W~7: SECTION I. The City Commission of the City of Casselberry hereby approves the Settlement Agreement and Release with SOUTHERN (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 All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed.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. SECTION IV. Effective Date. This Resolution shall become effective immediately upon its passage and adoption.