1996-026 SAS Vending Stipulation Settlement• RESOLUTION No. 26-96
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A WRITTEN STIPULATION FOR
SETTLEMENT OF COMPLAINT AND
COUNTERCLAIM IN THAT CERTAIN LAWSUIT
DESIGNATED AS SAS VENDING AND
LEASING CO., INC., A FLORIDA
CORPORATION, PLAINTIFF, VS. VILLAGE
OF NORTH PALM BEACH, DEFENDANT, CASE
NUMBER CL 95-7630 AD, WHICH
STIPULATION IS ATTACHED AS EXHIBIT
"A"; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council of the Village of North Palm
Beach, Florida is desirous of entering into a written Stipulation
• for Settlement of Complaint and Counterclaim attached as Exhibit
"A" for the purposes of finalizing and settling that certain
lawsuit designated as SAS Vending & Leasing Co., Inc., a Florida
corporation, Plaintiff, vs. Village of North Palm Beach, Defendant,
Case No. CL 95-7630 AD; and
WHEREAS, Florida Statute 164.106 requires that a public
hearing be held prior to settlement of a lawsuit being effectuated
and a public hearing was held on April 11, 1996, prior to enactment
of this Resolution.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North
• Palm Beach, Florida, does hereby approve the Stipulation for
Settlement of Complaint and Counterclaim attached as Exhibit "A" in
that certain action designated as SAS Vending & Leasing Co., Inc.,
• a Florida corporation, Plaintiff, vs. Village of North Palm Beach,
llefendant, Case No. 95-7630 AD.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the said Stipulation for
Settlement of Complaint and Counterclaim set forth in Exhibit "A"
for an on behalf of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 11th DAY OF Apr11 1996.
• (Village Seal) ~~~2%r/~~n-j•~.
MAYOR
•
~',.. ~ _ C11PRlE5 PIQJTT FAX 14076424972 PAGE 03
SAS VENDING 6 LEASING
CO., INC., a Florida
corporation,
Plaintiff,
vs.
VILLAGE OF NORTH PALM
BEACH, a municipality,
Defendant.
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND FOR PALM BEACH
COUNTY. CIVIL DIVISION
CASE NO: CL 95-7630 AD
$~'IPULATION FOR 8&TTLEMSNT OF CODSBIIATNT AND CO ERCLAIN
COME NOW, SAS VENDING & LEASING CO.. INC.. a Florida
corporation, hereinafter "SAS!', and VILLAGE OF NORTH PALM SERCH, a
municipality, hereinafter ^NPS", who stipulate as follows:
i. SAS and NPB,peve agreed ettle this claim with NPB
~/3~'.tSa• ~
paying 6AB the oum of $33T9~99.-48. n or before April 22, 199E.
2. SAS agrees that NPB shall have until April 15, 1996 to
exeouta this settlement wgro®mont. 8716 ayrerq that Lhiu nestt leau.n ut
is not binding on NP8 until, and unless, it ie executed by the
Mayor of NPB and the village Clerk.
3. If this agreement is not executed by NPB on or before
April 15, 1.556, then it shall be of no further force and effect and
the parties shall proceed with the litigation.
4. If NPB executes this stipulation, the parties request
rhar. r.h., C~„rr. rnrai~ j~,riadi.rtion of the matter to enforce the
terms and conditions of this agreement and upon performance of the
terms and oonditione of this Stipulation that the Court would ontor
w
CHF{tLES P I p7TT FiY: 140"78424972
PRCiE 04
an Order dismissing SAS' Complaint and NPA'e Counterclaim with
prejudice, with each party bearing their own costs and attorney
fees.
5. Upon full performance of this agreement the partlea agree
to exchange reciprocal general releases.
SAS VENDING & LEASZNG CO., INC. VILLAGE OF NORTH DALM HfiACH,
a Florida cur ura~i i a wu~iiuipellfy
t o Ste c .sentative Mayor
Date: C~ 9 ante: April 11, 1996
~~
llage Clerk
Date: April 11, 1996