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HomeMy Public PortalAboutAmendment to Settlement Agreement- City of Crestview and Mannino (Signed Version)DocuSign Envelope ID: 8202ABC3-A866-47CF-B041-76B4FBD8888B AMENDMENT TO SETTLEMENT AGREEMENT THIS AMENDMENT TO SETTLEMENT AGREEMENT ("Agreement") is made and entered into as of this 1st day of April 2022, by and between the CITY OF CRESTVIEW, FLORIDA, a Florida Municipal Corporation ("City") and GIUSEPPE MANNINO ("Mannino"), for the purposes of amending an existing settlement agreement between the parties related to code enforcement liens. RECITALS WHEREAS, Mannino owns 792 Walnut Avenue East, Crestview, Florida 32539 ("Property"); and WHEREAS, the City initiated Code compliance procedures with respect to the Property, in Code Case No. 20-903 and 20-904; and WHEREAS, the parties entered into a Settlement Agreement on about November 31, 2021; and WHEREAS, pursuant to the Settlement Agreement, the City undertook and completed demolition of the structures on the Property; and WHEREAS, Mannino failed to close on his sale of the Property by the deadline set forth in the Settlement Agreement; and WHEREAS, Mannino requested additional time to close on his sale of the Property; and WHEREAS, the parties desire to amend the Settlement Agreement to allow Mannino additional time to sell the property, in exchange for payment of additional sums as set forth herein. NOW, THEREFORE, for and in consideration of the promises covenants and considerations set forth herein and for other good and valuable consideration, the receipt and DocuSign Envelope ID: 8202ABC3-A866-47CF-B041-76B4FBD8888B sufficiency of which is hereby acknowledged by the City and Mannino, with intent to be legally bound, agree as follows: 1. The foregoing recitals are true and incorporated herein. 2. Mannino shall pay the City the total sum. of Ten Thousand Dollars ($10,000.00) on or before April 15, 2022 ("Payment"), which Payment is in place of and not in addition to the original payment required by the Settlement Agreement. Upon receipt of the Payment, the City shall close any open code enforcement cases related to the Property and release all outstanding code enforcement liens on the Property. 3. If Mannino fails to make Payment, the City is under no obligation to release or reduce code enforcement liens on the Property. 4. This Agreement shall be binding on the City and Mannino hereto and their respective successors and assigns and may not be amended, supplemented or modified in any manner orally or otherwise except by an instrument in writing of concurrent or subsequent dates signed by a duly authorized representative of each of the parties hereto. 5. This Agreement may be executed in one or more counterparts each of which shall be deemed to be an original, but all of which together shall constitute a single instrument. Facsimile and PDF signatures will be considered originals for all purposes. 6. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. The City and Mannino hereto agree that the sole venue and jurisdiction to adjudicate any dispute or controversy involving the Agreement shall lie exclusively in Okaloosa County, Florida. 7. This Agreement constitutes the entire understanding of the City and Mannino hereto with respect to the matters contained herein. Any and all previous agreements and 2 04/07/2022 ~._.� Pagelof1 None Entry Beneficiary Transfer Low Value Approval Rate Reference Number 20220411-00000125 Branch 7 BAYRIDGE is Pending Wire Room Verification. Payment Amount 10,000.00 USD Contract Number Debit Amount 10,000.00 USD Charge Party Send Date 11APR2022 Value Date 11APR2022 Consumer X-Border Not D-F Debit Party D/9990107948 LEVENTURES LLC 783 AVENUE C BAYONNE NJ 07002-2844 Beneficiary /100-282-542-8 CITY OF CRESTVIEW 198 NORTH WILSON ST CRESTVIEW FL 32536 Beneficiary's Bank A/061100606 SYNOVUS BANK COLUMBUS, GA Last Comment SETTLEMENT PAYMENT Next Item 1