1992-09-09 Morell to DCA a -y1
MICHAEL WM. MORELL
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301-1406 ALSO ADMITTED IN THE
ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA
(904) 425-8300
(904) 425-8301 FACSIMILE
September 9, 1992
Karen Brodeen
Assistant General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
Re: DCA v. City of Okeechobee et al . , DOAH Case No. 91-
5962GM; DCA Docket No. 90-NOI-4702-(N) ;
Dear Karen:
Enclosed please find a date stamped copy of the Notice of
Voluntary Dismissal (with prejudice) prepared and executed by
counsel for the intervenors in the above-referenced case. The
original and one copy of the notice was filed at DOAH on September
4 , 1992 .
Thank you for sending me a draft copy of the motion to
relinquish jurisdiction.
Paragraph 3 on page 2 of the motion states in part: "The
parties here represent that each has complied with their respective
commitments and duties as described in the Agreement . " This
afternoon the Finance Director for the City informed me that the
City has not yet received the $7,500 from the Department agreed to
in Part II of the agreement.
Enclosed is a copy of a letter from the Department to the City
dated June 5, 1992 concerning release of the payment to the City.
In the letter the Department represented that it would release the
payment "once the Department had issued the notice of intent" .
Therefore, I suggest that in the event that the Department does not
release the payment before you file the motion, you change
Paragraph 3 accordingly so that in joining the motion, the City
will not be construed to have waived its entitlement to the $7 ,500
as provided in the Stipulated Settlement Agreement and the
Department's letter of June 5, 1992 .
Karen Brodeen
September 9, 1992
Page Two
With best personal regards, I am
Sincerely,
Q/.41A.0410
Michael Wm. Morell
Counsel for Respondent City of
Okeechobee
MWM:mm
Enclosure
cc. Lester Jennings, Esquire (with enclosure)
John Cook, City Attorney (without enclosure)
John Drago, City Administrator (without enclosure)