Res. No. 018-05-11997RESOLUTION NO.18-05-11 997
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO
CLAIMS;APPROVING A SETTLEMENT AGREEMENT IN THE
CASE OF CITY OF SOUTH MIAMI V.BRUCE;AUTHORIZING
THE CITY MANAGER TO EXECUTE THE GENERAL
RELEASE;PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission of the City of South Miami
desire to settle a pending lawsuit styled City ofSouth Miami v.Bruce,Case no.00-
13526-CC-03 (Fla.Cnty.Ct.2003);and City of SouthMiami v.Bruce,Case no.
03-560-AP (Fla.App.Ct.2003);and,
WHEREAS,the city commission approves settlement of the above
referenced actionsfor $10,000.00 payabletothecityandthe exchange of mutual
general releases.
WHEREAS,the City Attorney advises that itisin the best interest of the
citytosettlethe pending action,andthereforethecity manager needstosignthe
general release which is attached tothis resolution,which release is legally
sufficient in form and content.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.TheCity of SouthMiamiapprovessettlement of City ofSouth
Miami v.Bruce,Caseno.00-13526-CC-03(Fla.Cnty.Ct.2003);and City of
South Miami v.Bruce,Caseno.03-560-AP(Fla.App.Ct.2003)andagreesto
receive $10,000.00 from defendant asfulland final settlement of theunderlying
actions.Thecitycommissionalso authorizes theCityManagertoexecutethe
attachedgeneralreleaseandto implement anyrequirementsthatrequirefurther
actionbythecity.Thegeneralrelease,entitled"GeneralRelease of theCity of
SouthMiami"whichisattachedtothis resolution,is approved.Uponpayment
andexecution of themutual general releases thecityshallissueavoluntary
dismissal of the underlying actions.
Section2.This resolution shalltakeeffect immediately upon approval.
Additions shownby underlining and deletions shown by ovorotriking.
Res.No.18-05-11997
PASSED AND ADOPTED this /S^day of February,2005.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
7
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Page 2 of2
APPROVED:
COMMISSION VOTE:4~°
Mayor Russell:out of room
Vice Mayor Palmer:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
Commissioner Wiscombe:Yea
GENERAL RELEASE OF THE CITY OF SOUTH MIAMI
THIS RELEASE is executed this JiT day of February,2005,by the City of South
Miami,aFloridamunicipalcorporation,("city").
NOW THEREFORE,forandinconsideration of the parties'settlementletterand
payment of $10,000.00bytheSt.AugustineTrusttothecity,theexchange of releases,and
othergoodandvaluableconsideration,thereceiptandsufficiency of whichishereby
acknowledged,provided bySt.Augustine Trust,itisagreedthatthecity,forits self andfor
any successors,assigns,beneficiaries and representatives,hereby remises,releases,and
foreverdischargesSt.AugustineTrustofandfromallmanner of action,causes of action,
claims,demands,judgments,executions,damagesandexpenses of anykind,inlaworin
equity,which thecity ever had,nowhas,ormayhave,whether known or unknown,arising
against Bruce,for,uponorbyreason of anymatter,cause,orthing whatsoever,fromthe
beginning of theworldtotheday of thesepresents,including,withoutlimitation,any
claims,defenses or actions that have beenor could have been raised inthe action City of
SouthMiami v.JaneE.Bruce,T.R./St.Augustine Trust,AppellateCaseNo.:03-560-AP
and Lower Court Case No.:00-13526 CC 05-03.
This Release doesnotpreventthepartiesfrom enforcing theterms of thewritten
settlement letter dated January 4,2005.Thecity manager is authorized to execute this
general release on behalf of the City Commission of the City of South Miami.
ThisReleaseshallbeconstruedandinterpretedin accordance withthelaws of the
State of Florida.
WITNESSmyhandandseal,this /3 day of February,2005.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CITY OF SOUTH MIAMI,
a Florida Municipal Corporation
By:.
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IAmxi
Maria V.Davi
City Manager
The foregoing instrument was acknowledged before me this [5^day of February,
2005,byMariaV.Davis,City Manager,City of SouthMiami.
ignature of Notary Public
tate of Florida)
(Print,TypeorStamp Commissioned Name of Notary Public)
Personally Known V OR Produced Identification
Type of Identification Produced
Nktnga Payne
My Commioton DD28S847
^*oJrJr Expires October 05.2007
GENERAL RELEASE OF JOSEPH BRUCE.JR..AS TRUSTEE FOR THE
ST.AUGUSTINE TRUST
THIS RELEASE is executed this £S_day of January,2005,by Jospeh Bruce,Jr.,as
trusteeforthe St Augustine Trust,individually andas trustee ("St.Augustine Trust").
NOW THEREFORE,forandin consideration of the parties'settlement letterand
payment of $10,000.00 bythe St Augustine Trusttothe city,the exchange of releases,and
othergoodandvaluable consideration,thereceiptand sufficiency of whichishereby
acknowledged,provided by St Augustine Trust,itis agreed that St Augustine Trust,for
itselfandforany successors,assigns,principals,beneficiaries and representatives,hereby
remises,releases,andforever discharges theCity of SouthMiami(includingitssuccessors
in interest,assigns)of and from allmanner of action,causes of action,claims,demands,
judgments,executions,damages and expenses of any kind,inlaworin equity,which St
Augustine Trustever had,nowhas,ormayhave,whether knownor unknown,arising
against theCityofSouth Miami,for,uponorby reason ofany matter,cause,orthing
whatsoever,fromthebeginning of theworldtotheday ofthesepresents,including,without
limitation,any claims thathavebeenorcouldhavebeenraisedintheaction City ofSouth
Miami v.Jane E.Bruce,T.R./SL Augustine Trust,Appellate Case No.:03-560-AP and
Lower Court Case No.:00-13526 CC 05-03.
ThisReleasedoesnotpreventthepartiesfromenforcingtheterms of thewritten
settlement letter dated January 4,2005.
ThisReleaseshallbeconstruedandinterpretedinaccordance with the laws of the
State of Florida,
•,v -
WITNESS myhandand seal,this /3 dayof January,2005.
STATE OF FLORIDA
COUNTY OF MIAM-DADE
JOSEPH BRUCE,JR.AS TRUSTEE FOR THE
ST.AUGUSTINE TRUST
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/?&Uj/
Bruce,Jr.,as trustee for the
St Augustine Trust
The foregoing instrument was acknowledged before me this 1*3 day of January,
2005,byJosephBruce,Jr.,astrusteetothe St Augustine Trust
SOWAC.WOS
MY COMMISSION t D0155364
EXPIRES:April 30,2007
Bon*d1huKo(iiyPu6lBUn*«HB«
(Signature ofNotary Public—
State ofFlorida)
S,
(Print,Typeor Stamp Commissioned Name ofNotaryPublic)
PersonallyKnown ^ORProducedIdentification
Type ofIdentificationProduced