02-15-05 Item 7(I
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
5 CLAIMS; APPROVING A SETTLEMENT AGREEMENT IN THE
6 CASE OF CITY OF SOUTH MIAMI V. BRUCE; AUTHORIZING
7 THE CITY MANAGER TO EXECUTE THE GENERAL
8 RELEASE; PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, the Mayor and City Commission of the City of South Miami
11 desire to settle a pending lawsuit styled City of South Miami v. Bruce, Case no. 00-
12 13526 -CC -03 (Fla. Cnty. Ct. 2003); and City of South Miami v. Bruce, Case no.
13 03- 560 -AP (Fla. App. Ct. 2003); and,
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15 WHEREAS, the city commission approves settlement of the above
16 referenced actions for $10,000.00 payable to the city and the exchange of mutual
17 general releases.
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19 WHEREAS, the City Attorney advises that it is in the best interest of the
20 city to settle the pending action, and therefore the city manager needs to sign the
21 general release which is attached to this resolution, which release is legally
22 sufficient in form and content.
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24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
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27 Section L The City of South Miami approves settlement of City of South
28 Miami v. Bruce, Case no. 00- 13526 -CC -03 (Fla. Cnty. Ct. 2003); and City of
29 South Miami v. Bruce, Case no. 03- 560 -AP (Fla. App. Ct. 2003) and agrees to
30 receive $10,000.00 from defendant as full and final settlement of the underlying
31 actions. The city commission also authorizes the City Manager to execute the
32 attached general release and to implement any requirements that require further
33 action by the city. The general release, entitled "General Release of the City of
34 South Miami" which is attached to this resolution, is approved. Upon payment
35 and execution of the mutual general releases the city shall issue a voluntary
36 dismissal of the underlying actions.
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38 Section 2. This resolution shall take effect immediately upon approval.
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Additions shown by underlining and deletions shown by �,.�g.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
J:\My Documents \resolutions \Resolution Settlement Bruce.doc
day of February, 2005.
Page 2 of 2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Birts- Cooper:
Commissioner Sherar:
Commissioner Wiscombe:
GENERAL RELEASE OF THE CITY OF SOUTH MIAMI
THIS RELEASE is executed this day of January, 2005, by the City of South
Miami, a Florida municipal corporation, ( "city")
NOW THEREFORE, for and in consideration of the parties' settlement letter and
payment of $10,000.00 by the St. Augustine Trust to the city, the exchange of releases, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, provided by St. Augustine Trust, it is agreed that the city, for its self and for
any successors, assigns, beneficiaries and representatives, hereby remises, releases, and
forever discharges St. Augustine Trust of and from all manner of action, causes of action,
claims, demands, judgments, executions, damages and expenses of any kind, in law or in
equity, which the city ever had, now has, or may have, whether known or unknown, arising
against Bruce, for, upon or by reason of any matter, cause, or thing whatsoever, from the
beginning of the world to the day of these presents, including, without limitation, any
claims, defenses or actions that have been or could have been raised in the action City of
South Miami v. Jane E. Bruce, T.R. /St. Augustine Trust, Appellate Case No.: 03-560-AP
and Lower Court Case No.: 00 -13526 CC 05 -03.
This Release does not prevent the parties from enforcing the terms of the written
settlement letter dated January 4, 2005. The city manager is authorized to execute this
general release on behalf of the City Commission of the City of South Miami.
This Release shall be construed and interpreted in accordance with the laws of the
State of Florida.
WITNESS my hand and seal, this day of January, 2005.
CITY OF SOUTH MIAMI,
a Florida Municipal Corporation
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
Maria V. Davis,
City Manager
The foregoing instrument was acknowledged before me this day of January,
2005, by Maria V. Davis, City Manager, City of South Miami.
(Signature of Notary Public —
State of Florida)
(Print, Type or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced Identification
Type of Identification Produced
y
GENERAL RELEASE OF JOSEPH BRUCE, JR.. AS TRUSTEE FOR THE
ST. AVGUSTLNE TRUST
THIS RELEASE is executed this PS day of January, 2005, by Jospeh Bruce, Jr., as
trustee for the St. Augustine Trust, individually and as trustee ( "St. Augustine Trust"}
NOW THEREFORE, for and in consideration of the parties' settlement letter and
payment of $10,000.00 by the St. Augustine Trust to the city, the exchange of releases, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, provided by St. Augustine Trust, it is agreed that St. Augustine Trust, for
itself and for any successors, assigns, principals, beneficiaries and representatives, hereby
remises, releases, and forever discharges the City of South Miami (including its successors
in interest, assigns) of and from all manner of action, causes of action, claims, demands,
judgments, executions, damages and expenses of any kind, in law or in equity, which St.
Augustine Trust ever had, now has, or may have, whether known or unknown, arising
against the City of South Miami, for, upon or by reason of any matter, cause, or thing
whatsoever, from the beginning of the world to the day of these presents, including, without
limitation, any claims that have been or could have been raised in the action City of South
Miami v. Jane E. Bruce, T.RZt. Augustine Trust, Appellate Case No.: 03-560-AP and
Lower Court Case No.: 00 -13526 CC 05 -03.
This Release does not prevent the parties from enforcing the terms of the written
settlement letter dated January 4, 2005.
This Release shall be construed and interpreted in accordance with the laws of the
State of Florida.
WITNESS my hand and seal, this f 3 day of January, 2005.
JOSEPH BRUCE, JR. AS TRUSTEE FOR THE
ST. AUGUSTINE TRUST
By: / `- Sao -
ose Bruce, Jr., as trustee for the
St. Augustine Trust
STATE OF FLORIDA )
COUNTY OF MIANH -DADE )
The foregoing instrument was acknowledged before me this day of January,
2005, by Joseph Bruce, Jr., as trustee to the St. Augustine Trust.
SOMA C. RIOS 4� '
MY COMMISSION # DD 195364 (Signature of Notary Public —
EXPIRES: April 30, 2007
f . 9wi W m�u NMY P undMw�t.�o State of Florida)
(Print, Type or Stamp Commissioned Name: ofNotary Public)
Personally Known ZOR Produced Identification
Type of Identification Produced