09-06-05 Item 6l'
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, RELATING TO CLAIMS; APPROVING A
5 SETTLEMENT AGREEMENT IN THE STATE COURT LITIGATION
6 ENTITLED "MARIA ANDUIZA V. CITY OF SOUTH MIAMI;"
7 AUTHORIZING THE CITY MANAGER TO RE- ALLOCATE THE
8 APPROPRIATE FUNDING AND TO ISSUE PAYMENT IN THE AMOUNT OF
9 $40,000 TO PLAINTIFF'S ATTORNEY TO BE CHARGED TO THE SELF
10 INSURANCE FUND SETTLEMENTS ACCOUNT NUMBER 504.1500.514.9925;
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the Mayor and City Commission of the City of South Miami desire to settle
14 a pending lawsuit styled Maria Anduiza v. City of South Miami, Case no. 03- 6050 -CA -01 (04)
15 (Fla. App. Ct. 2003); and,
16
17 WHEREAS, the City Commission approves settlement of the above referenced action
18 for $40,000.00 payable to the plaintiff and the execution of a general release by Ms. Anduiza;
19 and
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21 WHEREAS, the City Attorney advises that it is in the best interest of the City to settle
22 the pending action.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
26
27 Section 1. The City of South Miami approves settlement of the litigation entitled
28 Maria Anduiza v. City of South Miami, Case no. 03- 6050 -CA -01 (04) (Fla. App. Ct. 2003). The
29 City agrees to pay $40,000.00 to the trust account of Dana M. Gallup, P.A. as full and final
30 settlement of the underlying action. The City Commission also authorizes the City Manager to
31 issue the payment identified herein. As part of the settlement, Ms. Anduiza shall also execute a
32 general release of the City, a copy of which general release and settlement agreement is attached
33 to this resolution as Exhibit 1. Upon payment, execution of the settlement agreement and
34 general release the plaintiff shall issue a voluntary dismissal with prejudice of the underlying
35 action.
36
37 Section 2. That the City Manager is authorized to re- allocate funding in the amount
38 of $40,000.00 from the Self Insurance Fund Cash Balance Account Number 504.0000.101.1000,
39 which currently has a balance of $215,722.60, to the Self Insurance Fund Settlements Account
40 Number 504.1500.514.9925 to pay this settlement.
41
42 Section 3. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
J:\My Documents\resolutions\Resolution Anduiza settlement.doc
day of September, 2005.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
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"EXHIBIT 1"
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I ilillIl III Ill I Jill III 1 31 11
of time to the date of this 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
Plaintiff agrees to fully indemnify the Defendant, the City of South Miami for all costs,
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hill • Ili:
This Release will be governed and construed in accordance with the laws of the State of
It is also agreed, by and among the parties, that the respective parties will each bear their
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all claims for attorney's fees and expenses are also settled by the $40,000 payment.
kt 11 g IIIIII!III I I 1 1111;111111111 111 111 1
obtain a dismissal of the 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
It is contemplated that this Stipulation may be executed in several counterparts. All such
IN WITNESS WBEREOF, Plaintiff has executed and delivered this Release and
Settlement Agreement this of August, 2005.
Plaintiff, Maria Anduiza
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