HomeMy WebLinkAboutDocumentation_Regular_Tab 14_12/13/2007
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
12/13/07 Meeting Type: Regular Ordinance #: Click here to enter text.
Consent Agenda: Choose an item. Resolution #: 15-07/08
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approving a settlement agreement relative to the matter of Vince Arena vs. the Village of Tequesta and
authorizing the Mayor of the Village to execute the same on behalf of the Village
3. BUDGET /FINANCIAL IMPACT:
Account #: Click here to enter text. Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
Click here to enter text. Click here to enter text.
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
item.
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Click here to enter text.
5. APPROVALS:
Dept. Head: ~"" .~ 7 r1" f~~-`-"finance Director:
Attorney: (for legal sufficiency) Yes ~ No ^
Village Manager: ~~
SUBMIT FOR COUNCIL DISCUSSION:
APPROVE ITEM: ^
DENY ITEM: ^
RESOLUTION NO. 15-07/08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A
SETTLEMENT AGREEMENT RELATIVE TO THE MATTER OF VINCE ARENA
VS. THE VILLAGE OF TEQUESTA AND AUTHORIZING THE MAYOR OF THE
VILLAGE TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF
TEQUESTA.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 That it is in the best interest of the Village and the public to agree to a
Settlement Agreement between Mr. Vince Arena and the Village of Tequesta, and
Section 2 The Settlement Agreement is attached as Exhibit "A" and incorporated by
reference as part of the Resolution and hereby approved and the Mayor is authorized to
execute the same on behalf of the Village.
The foregoing Resolution was offered
adoption. The motion was seconded
put to a vote, the vote was as follows:
by ,who moved its
by ,and upon being
For Adoption Against Adoption
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
The Mayor thereupon declared the Resolution duly passed and adopted this
of , 2007.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
day
Lori McWilliams, CMC
Village Clerk
4 ~ 1
Settlement Agreement and Re{ease between the Village of Tequesta and
Vincent Arena
Vincent Arena and the Village of Tequesta, including its officers, Council
Members, agents and staff (collectively "Tequesta"), sole parties in the matter known as
Vincent Arena, Appellant, v. Village of Tequesta, Appellee, presently pending in the
Circuit Court of the Fifteenth Judicial Circuit in and #or Palm Beach County, Appellate
Division (civil), case number 502007CA008500XXXXMB, division AY, said case having
arisen from underlying code enforcement disputes and proceedings (the entirety of
which shall be referred to as uthe litigation"), herein agree to the terms of this Settlement
Agreement to fully and completely resolve the litigation. The terms of this Agreement
are as follows:
1. Tequesta shall permit Arena, at his sole cost and expense, to install two
gate /fence structures ("agreed structures") on his residential property located at 463
Tequesta Drive, Tequesta, Florida, 33469 (the "property"), in the two locations indicated
on Exhibit A hereto and in accordance with the dimensions set forth on Exhibit A. The
structures shall be painted white and shall be constructed w' VC (poly vinyl chloride).
Further, Arena is permitted to maintain on the property ,wo vessels depicted on
Exhibit A provided such vessels are stored on the property in the locations indicated on
Exhibit A. and behind the agreed structures.
2. Without admitting any liability and solely as a good faith gesture to resolve
the litigation and to defray Arena's settlement related costs, Tequesta shall deliver to
Arena a lump sum payment of $3000.00 within 10 days following execution of this
Agreement.
3. Tequesta and Arena intend for this Agreement to resolve all disputes
between them and Tequesta further agrees to waive all claims for fines .and penalties.
Further, Tequesta and Arena affirm and agree that each releases and forever
discharges the other from any claims, rights, damages, costs, suits, causes of action, in
law or in equity, including any claims for costs, attorneys fees and expenses, which
each may have against the other.
4. Within 10 days following execution of this Agreement, the parties, through
counsel, shall file with the aforementioned court a stipulation for dismissal with
prejudice.
5. The parties agree to cooperate with regard to any further matters
necessary to effectuate the Agreement.
6. Each party shat! bear its own attorneys' fees and costs.
.:IS
VjucLh~4rena ~ 2007
13~es Humpage, Mayor,
Tequesta
ATTEST:
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Qu REV. ISSUED DATE DESCAIPiNIN