Last week Mr. Garrett sent the following email to the Board and to many University Park residents.
I will settle my cases against UPRD as soon as UPRD permanently gives up its right to assess University Park homeowners, without a majority vote of approval by the homeowners. That is the only requirement that I have. This offer will remain open until Friday, August 2 at 5pm. If it is not accepted by then, it will expire. These terms are perfectly clear, there is no need for any questions about it. EITHER ACCEPT IT OR REJECT IT. NO MORE BEATING AROUND THE BUSH.
The Board appreciates Mr. Garrett’s proposal and will give it careful and prompt consideration. However, Mr. Garrett’s approach is highly unusual. First of all, even if the District had a complete settlement agreement, which we do not as discussed below, the Board could not meet the August 2nd deadline due to the required legal notice requirements for our meetings. Second, Mr. Garrett failed to copy his own attorney with his proffered email settlement. Our attorneys have forwarded Mr. Garrett’s proposed settlement to Mr. Garrett’s attorney and requested a complete settlement proposal consistent with the terms of the Garrett email. Third, earliest the Board can consider the matter would be at its meeting scheduled for August 13, 2019.
Yesterday, the District finally received an email from Garrett’s attorney containing the following provisions which are reproduced in their entirety.
My client has asked me to again communicate with you regarding settlement. On July 15, 2019, I sent an email to you regarding settlement to which you have not responded. My client’s settlement position has not changed from the position he had earlier this year in April. He would be willing to settle both actions against the UPRD but there is one term that is not negotiable: any settlement of the litigation initiated by Mr. Garrett would require an amendment to the Charter to eliminate the power of the UPRD to levy and collect unlimited special assessments.
I received an email response from Charles Johnson in your office responding to my July 15, 2019 correspondence to you requesting the development of an extensive settlement proposal, however, it is my client’s position that the UPRD needs to indicate its willingness to include this non-negotiable term in the settlement before we spend time negotiating any other terms.
It is obvious that Mr. Garrett and his attorney are not on the same page. Mr. Garrett claims that his ONLY demand is that any future special assessment must be approved by a majority vote of homeowners. But, Mr. Garrett’s attorney states that this is only the initial requirement and that until the District agrees to this demand, he will not “spend time negotiating any other terms.” [emphasis added]
We want all community residents to know that the Board is not the one beating around the bush. The District has repeatedly requested Mr. Garrett to send a complete settlement proposal to us through his attorneys. To date, this has not happened.
2. The $1,000 Special Assessment
University Park Recreation District
12051 Corporate Boulevard
Should you have any questions about the assessment, please email Mr. Mishlove Mishlovea@pfm.com.
The District is aggressively pursuing notice of every homeowner. Actions include additional mailings and coordinating with the home owners association. If you are out of the country or haven’t received your O&M Statement, the letters for O&M assessments and for the assessments for the proposed BAN are available on the District’s website: http://universityparkrd.com/letters. The revised O&M Statement is dated 07-15-2019.
On September 3rd Judge Nicholas will hear motions on the injunctions. The consolidated trials in the Garrett #1 and #2 cases and the Bond Validation case have been set by Judge Nicholas for November 13 and 15, 2019.
4. Bond Anticipation Note
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