Res. No. 117-05-12096RESOLUTION NO.117-05-12096
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA,RELATING TO CLAIMS;APPROVING A
SETTLEMENT AGREEMENT IN THE STATE COURT LITIGATION
ENTITLED "MARIA ANDUIZA V.CITY OF SOUTH MIAMI;"
AUTHORIZING THE CITY MANAGER TO RE-ALLOCATE THE
APPROPRIATE FUNDING AND TO ISSUE PAYMENT IN THE AMOUNT OF
$40,000 TO PLAINTIFF'S ATTORNEY TO BE CHARGED TO THE SELF
INSURANCE FUND SETTLEMENTS ACCOUNT NUMBER 504.1500.514.9925;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor andCity Commission of the City of South Miami desire to settle
a pending lawsuitstyled Maria Anduiza v.City of South Miami,Caseno.03-6050-CA-Ol(04)
(Fla.App.Ct.2003);and,
WHEREAS,theCityCommissionapprovessettlement of theabovereferencedaction
for$40,000.00payabletothe plaintiff andtheexecution of ageneralreleasebyMs.Anduiza;
and
WHEREAS,theCityAttorneyadvisesthatitisinthebestinterest of theCitytosettle
the pending action.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA;
Section1.TheCity of SouthMiamiapprovessettlement of thelitigationentitled
Maria Anduiza v.City ofSouth Miami,Caseno.03-6050-CA-Ol (04)(Fla.App.Ct.2003).The
Cityagreestopay$40,000.00tothetrustaccount of DanaM.Gallup,P.A.asfullandfinal
settlement of the underlying action.TheCityCommissionalsoauthorizestheCity Manager to
issuethepaymentidentifiedherein.Aspart of thesettlement,Ms.Anduizashallalsoexecutea
generalrelease of theCity,acopy of whichgeneralreleaseandsettlementagreementisattached
tothisresolutionasExhibit1.Uponpayment,execution of thesettlementagreementand
generalreleasethe plaintiff shallissueavoluntarydismissalwithprejudice of theunderlying
action.
Section 2.ThattheCityManagerisauthorizedto re-allocate fundingintheamount
of $40,000.00 from the Self Insurance Fund Cash Balance Account Number 504.0000.101.1000,
which currently hasa balance of $215,722.60,tothe Self InsuranceFund Settlements Account
Number 504.1500.514.9925 topaythis settlement.
Section 3.This resolution shalltakeeffect immediately upon approval.
Additions shown by underlining and deletions shown by ovorotriking.
Res.No.117-05-12096
PASSED AND ADOPTED this /£
ATTEST:
CITY CLERK
tjH day of September,2005.
APPROVED:
COMMISSION VOTE:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
J:\My Documents\resolutions\Resolution Anduiza settlcmcnt.doc
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"EXHIBIT 1"
GENERAL RELEASE AND SETTLEMENT AGREEMENT
WHEREAS,Plaintiff,Maria Anduiza,individually ("Plaintiff")commenced an action
against Defendant,City of South Miami ("City")in alawsuit styled Anduiza v.City of South
Miami,Case No.03-6050-CA-Ol (04),in state court for the Eleventh Judicial Circuit in and for
Miami-Dade County,Florida ("State Court Action");
WHEREAS,Plaintiff and the City have agreed to settle all claims asserted by Plaintiff in
the State Court Action pursuant to aSettlement Agreement and this General Release;
WHEREAS,Plaintiff agreed to dismiss all claims against the City in the State Court
Action and to provide a general release to the City;
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged,Plaintiff executes this General Release in favor of the City.
Plaintiff hereby fully and completely settles,discharges,dismisses,releases,and holds
harmless the City (including any agents,representatives,attorneys,affiliates,and employees
from any and all claims,demands,causes of action,injury,damages,actions,liens,debts,
assessments,liabilities,settlements,fines,losses,indebtedness,judgments,tax consequences and
liabilities as a result of this settlement,emotional distress claims,rights,costs,fees,bills,
expenses (including without limitation,all legal fees,interest and penalties),remedies,accounts,
obligations,suits (at law or in equity),and causes of action of whatsoever kind or nature,
whether discovered or undiscovered,known or unknown,or hereafter discovered,direct or
indirect,suspected or claimed,matured or not matured,which do or may now exist,including
without limitation claims for prejudgment interest,punitive and/or exemplary damages,treble
damages,attorney's fees,interest,contribution,indemnity,subrogation and any and ail other
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expenses or damages,incurred or to be incurred related to any and all matters from the beginning
oftime to the date ofthis Release.
Plaintiff represents and warrants that she has the sole right and exclusive authority to
execute this Release and to receive the consideration given therefore,and that she has not sold,
assigned,transferred,conveyed or otherwise disposed of any claim or demand relating to any
mattercovered by thisRelease.
Plaintiff agrees to fully indemnify the Defendant,the City of South Miami for all costs,
attorney and other fees,expenses,damages,and consequential losses incurred as a result of the
bringing by the Plaintiff ofclaims which are found to be within the scope ofRelease.
This Release will be governed and construed in accordance with the laws of the State of
Florida
IN CONSIDERATION for such:
The City agrees to submit to Plaintiff the amount of$40,000.(Forty Thousand Dollars),
for complete settlement of the above-styled lawsuit
This stipulation for compromise settlement is not,is in no way intended to be,and should
not be construed as,an admission of liability or fault on the part ofthe City of South Miami,its
agents,servants,or employees,and it is specifically denied that they are liable to the plaintiff
This settlement is entered by all parties for the purpose of compromising disputed claims and
avoiding the expenses and risks of further litigation.
It is also agreed,by and among the parties,that the respective parties will each bear their
own costs,fees,and expenses and that any attorney's fees owed by the plaintiff will be paid out
of the settlement amount and not in addition thereto.
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All attorney's fees,and expenses shall be paid out ofthe settlement proceeds.Any and
all claims for attorney's fees and expenses are also settled by the $40,000 payment.
Plaintiff's attorney agrees to distribute the settlement proceeds to the plaintiff,and to
obtain a dismissal ofthe above-captioned action with prejudice,with each party bearing its own
fees,costs,and expenses,and with the Court retaining jurisdiction to enforce the settlement
agreement.
It is contemplated that this Stipulation may be executed in several counterparts.All such
counterparts and signature pages together,shall be deemed one document.
IN WITNESS WHEREOF,Plaintiff has executed and delivered this Release and
amSettlementAgreementthisday of August,2005.
By:
^>^^.ClhAu^y
Plaintiff,Maria Anduiza
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