10/01/2007 - Special Meeting
City Council Agenda
Special Meeting
Date: 1 0/1/2007- 1 :30 PM
Location :Council Chambers - City Hall
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available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the
meeting.
1. Call to Order
2.City Attorney Reports
2.1 Authorize entering into an "Agreement to Arbitrate" between the City of Clearwater and Attorneys for
Water's Edge One, LLC, in the Water's Edge One, LLC v. City of Clearwater and First Baptist Church of
Clearwater, civil matter. Case No.: 07-6588-CI-008.
I@l Attachments
3. Adjourn
Meeting Date: 10/1/2007
Special City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Authorize entering into an "Agreement to Arbitrate" between the City of Clearwater and Attorneys for Water's Edge One, LLC, in the
Water's Edge One, LLC v. City of Clearwater and First Baptist Church of Clearwater, civil matter. Case No.: 07-6588-Cl-008.
SUMMARY:
The Agreement to Arbitrate authorizes the City to resolve the Water's Edge One, LLC v. City of Clearwater, et aI., civil action involving
title to real property. Resolution of the civil action would be by binding arbitration. The terms of the proposed agreement include the
following: that retired Circuit Judge James Case would serve as the arbitrator; that the arbitration would take place on October 2,2007, that
each party would bear their own costs and fees; that, in the event the arbitrator rules in favor of Water's Edge, the City agrees to waive its
right to appeal (which, in any event would be limited by Rule 1.830, Fla. R. Civ. P., and S344.104, Florida Statutes) in exchange for
$440,000; that should the arbitrator rule in favor of Water's Edge and award damages in lieu of ejectment, the waiver payment would offset
and reduce any damages awarded; that should the arbitrator rule in favor of the City, the City would agree to place a referendum requesting
sale of the disputed parcel to Water's Edge at the election of January 29,2008, for an amount to be determined by City Council; and that
should the arbitrator rule in favor of Water's Edge the parties agree to jointly ask the court to enter judgment affirming the arbitrator's
award.
Type:
Current Year Budget?:
Operating Expenditure
Yes
Budget Adjustment:
No
Budget Adjustment Comments:
None
Current Year Cost:
Not to Exceed:
For Fiscal Year:
$3,500.00
$3,500.00
10/01107 to 09/30/08
Annual Operating Cost:
Total Cost:
$3,500.00
$3,500.00
Appropration Code
0-01 0-09600-5341 00-514-
000-0000
Amount
$3,500.00
Appropriation Comment
Bid Required?:
Other Bid / Contract:
No
Bid Number:
Bid Exceptions:
None
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Item # 1
Attachment number 1
Page 1 of 4
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO. 07-006588-CI-08
WATER'S EDGE ONE, LLC, a foreign limited
liability company,
Plaintiff,
vs.
CITY OF CLEARWATER, a municipal
corporation and FIRST BAPTIST CHURCH
OF CLEARWATER, a Florida not-for-profit
corporation,
Defendants.
/
AGREEMENT TO ARBITRATE
Plaintiff Water's Edge One, LLC ("Water's Edge") and Defendant City of
Clearwater ("Clearwater") hereby stipulate and agree to resolve the claims and defenses
in Count I, II and III in this matter through arbitration as an alternative to trial, based
upon the following terms:
1. The undersigned Parties agree to arbitrate this matter in accordance with
Rule 1.830, Fla. R. Civ. P., and 9344.104, Florida Statutes.
2. The arbitration panel to hear this claim shall include one (1) arbitrator and
the parties have agreed that the Honorable James Case, Esquire, shall be the arbitrator.
3. The decision of the arbitrator will be final and binding. There will be no
appeals permitted from the decisions of the arbitrator, except as provided by Rule 1.830,
Fla. R. Civ. P., and 9344.104, Florida Statutes.
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Item # 1
Attachment number 1
Page 2 of 4
4. Each party shall assume the responsibility for payment of their own
respective costs and attorneys' fees, including all costs and fees of litigation to date, with
the exception of the fees of the arbitrator which shall be shared equally by each party
participating in the arbitration proceeding.
5. The arbitration shall be scheduled at a time agreeable to the arbitrators and
Parties. The parties have agreed that the arbitration shall occur on October 2,2007.
6. The arbitration is anticipated to last a maximum of one (1) day.
7. The arbitration proceedings shall be held in Pinellas County at a location
agreed upon by the Parties.
8. The Parties shall conduct no further discovery.
9. The Court shall retain jurisdiction for the purpose of enforcement of the
terms of this Arbitration Agreement, confirmation of the award, and appeal as provided
below.
10. Any appeal of the decision shall be governed by the provisions of Rule
1.830, Fla. R. Civ. P., and 9344.104, Florida Statutes.
11. The parties agree to the following hearing guidelines:
a. Time Limitations for Opening Statement and Closing Argument:
Each Party will be permitted a maximum of forty-five (45) minutes
for an opening statement and forty-five minutes for a closing
argument.
b. Limitation and Presentation of Expert Witnesses: The Parties shall
have the right to present and cross-examine the following expert
witnesses at the arbitration proceeding. The plaintiff's witnesses
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Item # 1
Attachment number 1
Page 3 of 4
are as follows:
The
defendant's witnesses are as follows: none.
c. The arbitration guidelines referenced herein shall be subject to
modification by the arbitrator for good cause shown
12. In the event the arbitrator rules in favor of Water's Edge on Count I, II or
III, Clearwater agrees to waive its right to appeal, or otherwise challenge or oppose
confirmation of the arbitration award in exchange for a payment $440,000 ("Waiver
Payment") and Water's Edge agrees to pay said Waiver Payment. Water's Edge or its
designee shall make the Waiver Payment on or before seven (7) business days of an
arbitration award in its favor on Count I, II or III. In the event Water's Edge does not
timely make the Waiver Payment, the parties agree that the above waiver and the
arbitration award shall be null and void and the cause shall proceed as though no
agreement to arbitrate or arbitration had taken place.
13. In the event the arbitrator rules in favor of Plaintiff on Count III and
awards damages in lieu of ejectment, the Waiver Payment if made, shall offset and
reduce the damages awarded.
14. In the event the arbitrator rules in favor of Clearwater on Counts I, II and
III, Clearwater agrees to place a referendum question requesting sale of the Disputed
Parcel to Water's Edge on the election ballot of January 29, 2008 for an amount to be
determined by City Council.
15. In the event the arbitrator rules in favor of Water's Edge on Counts I, II or
III, the parties agree to jointly move the court for entry of judgment affirming the award.
3
Item # 1
Attorneys for Water's Edge One, LLC
JOHNSON, POPE, BOKOR,
RUPPEL & BURNS, LLP
Darryl R. Richards
FBN 348929 / SPN 238092
P.O. Box 1100
Tampa, FL 33601-1100
(813) 225-2500
(813) 223-7118 (Fax)
Attorney for Plaintiff
Water's Edge One, LLC
Dated:
Attorneys for City of Clearwater
CITY OF CLEARWATER
ATTORNEY'S OFFICE
Paul Richard Hull
FBN 486108/ SPN 990751
Assistant City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Attorney for Defendant
City of Clearwater
Dated:
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Attachment number 1
Page 4 of 4
Item # 1