SETTLEMENT AGREEMENT RE STORMWATER FEES
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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
Civil Division
THE SCHOOL BOARD OF PINELLAS COUNTY
AND THE DISTRICT BOARD OF TRUSTEES,
OF ST. PETERSBURG JUNIOR COLLEGE
Plaintiffs,
v.
Case No. 99-7479-CI-08
CITY OF CLEARWATER, A MUNICIPAL
CORPORATION ORGANIZED UNDER THE
LAWS OF THE STATE OF FLORIDA
Defendants,
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SETTLEMENT AGREEMENT
and
MUTUAL RELEASE
This settlement agreement and release is made and entered into effective
as of Fed12w/11!-Y ~(.., 2001, by and between the CITY OF CLEARWATER
("CITY"), and THE DISTRICT BOARD OF TRUSTEES OF ST. PETERSBURG
JUNIOR COLLEGE ("SPJC").
WHEREAS, the CITY, in January 1, 1991 established a stormwater utility
ordinance (Ordinance 5058-90), which ordinance created a stormwater
management utility which was and is responsible for the CITY's stormwater
management system and which authorized the utility's operation;
WHEREAS, the CITY charged SPJC for stormwater fees which were paid,
under protest, on a monthly basis over a period of years with the last payment
occurring on March 11, 1998;
WHEREAS, SPJC maintains that it is immune and statutorily exempt from
the fees sought by the City pursuant to its stormwater ordinance;
WHEREAS, In November, 1999, SPJC filed suit against the CITY seeking
declaratory relief and monetary damages and challenging the City's imposition of a
stormwater service fee to state properties. SPJC is a political subdivision of the State of
Florida;
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WHEREAS, SPJC has paid the City of Clearwater stormwater fees
totaling $157,309.50, and has paid no fees since March, 1998;.
WHEREAS, the CITY has filed a counterclaim against SPJC for
$90,000.00 for unpaid fees owed to the CITY;
WHEREAS, to avoid the risk, cost, and uncertainty of prolonged litigation,
the CITY and SPJC have agreed to settle their differences upon the terms and
conditions contained herein;
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein, and for other good and valuable considerations, the
receipt and adequacy of which are hereby acknowledged, the parties agree as
follows:
AGREEMENT
1. The above recitals are true and correct and are incorporated herein
by this reference.
2. The parties agree to dismiss the pending action between them with
prejudice.
3. The CITY will pay to SPJC the total sum of One Hundred
Thousand Dollars ($100,000.00), in full settlement of all claims, including, but not
limited to, all amounts for reimbursement, costs, and attorney fees arising from
the aforementioned payment of stormwater fees and ensuing litigation.
4. The CITY agrees not to assess stormwater fees against SPJC
unless and until such time as there is a final appellate court opinion from one of
the district courts of appeal, or the Florida Supreme Court, determining that
stormwater fees are not assessments or taxes but a utility user fee, or until such
time as there is a legislative enactment which expressly permits the fee.
MUTUAL RELEASE
5. That the parties, for and in consideration of the mutual covenants
and conditions contained herein, and for other good and valuable considerations,
the receipt and adequacy of which are hereby acknowledged, do hereby and by
these presents, for themselves, their representatives, successors, and assigns,
mutually and fully acquit, release and forever discharge each other, their
employees, trustees, commissioners, representatives, successors and assigns of
and from any and all claims, demands, damages, costs, attorneys' fees, actions
and causes of action whether rising at law or in equity which each had, may now
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have, or may hereafter have against the other, concerning any and all claims
arising out of the occurrences described in that certain lawsuit pending in the Sixth
Judicial Circuit of Florida, in and for Pinellas County, Florida, styled THE SCHOOL
BOARD OF PINELLAS COUNTY AND THE DISTRICT BOARD OF TRUSTEES OF ST.
PETERSBURG JUNIOR COLLEGE V. CITY OF CLEARWA TER, A MUNICIPAL
CORPORATION, ETC., Case No. 99-7479-CI-08.
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parties.
This Settlement Agreement contains all of the agreements of the
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals on fl:t3rAIt?f2- y ;2y , 2001.
C2:~igned: ___
Brian J. g
Mayor-Co missi;ner -.
Approved as to form:
tlf~~
Paul Rictf Hull
Assistant City Attorney
Witnesses to the College:
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CITY O/fL~ARWATER. FLORIDA
By: ~~~~4:
William B. Horne, II,
Interim City Manager
Attest:
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Cy ia E. GoUdeau
City lerk
DISTRICT BOARD OF TRUSTEES
S. PETERSBURG JUNIOR
COLLEGE, FLORIDA
BY: 1.:1 ~J),~
~tler, Jr~
College President & Secretary
District Board of Trustees
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