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HomeMy Public PortalAboutDan Gheorge Settlement AgmtJONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors Rhoda J. Yen, Esquire Direct Dial: 561-650-0458 Direct Fax: 561-650-0465 E -Mail: ryen@jones-foster.com May 23, 2003 Mr. William H. Thrasher Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Re: Town of Gulf Stream Dan Gheorge Our File No. 13147.1 Dear Mr. Thrasher: Hagler Center Tower, Suite 1100 505 South Hagler Drive West Palm Beach, Florida 33401 Telephone (561) 659-3000 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Enclosed please find two originals of the Settlement Agreement and Release which have been executed by Dan Gheorge and his attorney, Debi Alten. Please have the Agreements executed on behalf of the Town and return the executed originals to me. Mr. Randolph is on vacation until June 2, 2003. Upon his return, I will ask him to execute the Agreements and I will then forward a fully executed original to you and to Ms. Alten. Please call me if you have any questions. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Q�� Rhoda J. Yen RJY/ssm Enclosures zvww.jones foster.com SETTLEMENT AGREEMENT AND RELEASE THIS SETTLEMENT AND MUTUAL RELEASE is made this _day of May, 2003, by and between DAN GHEORGE (hereinafter "Mr. Gheorge"), an individual, and the TOWN OF GULF STREAM (hereinafter "Town"), a municipality. In consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in order to compromise, settle and resolve all existing disputes, disagreements, and controversies, the parties hereby agree as follows: I. EMPLOYMENT REFERENCES. The Town agrees that in response to any request for information by a potential or future employer of Mr. Gheorge, relating to Mr. Gheorge's employment with the Town, the Town representative will only provide the dates of employment and indicate that Mr. Gheorge voluntarily resigned from the Town. Should the potential or future employer request additional information, the Town representative shall indicate that he or she is not at liberty to provide additional information. Nothing in this Settlement Agreement, however, shall operate to nullify, limit or burden the Town's obligation to comply with Florida's Public Records and Open Meetings Laws. U. RELEASE BY MR. GHEORGE. In consideration for the covenants and obligations contained herein, Mr. Gheorge hereby remises, releases, acquits, satisfies, and forever discharges the Town, of and from all, and all manner of action and actions, cause and causes of action, administrative proceedings, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which he ever had, now has, or which any personal representative, successor, heir or assign, hereafter can, shall or may have, against the Town, for, upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of these presents. III. NON ADMISSION OF LIABILITY. It is understood and agreed that the receipt by the parties of the consideration specified herein and the execution of this Settlement Agreement and Release is not to be considered an admission of liability on the part of any of the parties, but is in full settlement of disputed claims on which liability has been and is expressly denied. IV. ATTORNEY'S FEES. The parties agree that each party shall bear its own costs and attorney's fees incurred up to the date of execution of this Settlement Agreement and Release. V. MISCELLANEOUS. A. Application of Florida Law/Jurisdiction and Venue. This Settlement Agreement and Release, and the application or interpretation thereof, shall be governed exclusively by their terms and by the laws of the State of Florida. Jurisdiction and venue for any claims arising out of this Settlement Agreement and Release shall rest with the Circuit Court of the Fifteenth Judicial Circuit of Florida. Page 1 B. Entire Agreement. This Settlement Agreement and Release represent the entire agreement and understanding between the parties and supersede all prior negotiations, understandings, representations (if any), and agreements made by and between the parties. C. Construction. This Settlement Agreement and Release shall not be construed against the party who drafted the same as all parties have retained legal counsel of their choosing to review this Settlement Agreement and Release. D. Enforceability. If any term or condition of this Settlement Agreement and Release shall be invalid or unenforceable to any extent or in any application, then the remainder of this Settlement Agreement and Release, and such term or condition except to such extent or in such application, shall not be affected hereby and each and every term and condition of this Settlement Agreement and Release shall be valid and enforced to the fullest extent and the broadest application permitted by law. E. Modification. This Settlement Agreement and Release may not be modified, supplemented or waived orally, but only by a writing signed by the party as to whom the enforcement of such modification, supplement or waiver is sought and making specific reference to this Settlement Agreement and Release. F. Binding Effect. All of the terms of this Settlement Agreement and Release shall be binding upon, and inure to the benefit of and be enforceable by, the parties and their personal or legal representatives, heirs, successors, beneficiaries and permitted assigns. G. Agreement Not to Be Used as Evidence. This Settlement Agreement and Release shall not be admissible as evidence in any proceeding except one in which a party to this Settlement Agreement and Release seek to enforce this Settlement Agreement and Release or alleges that it has been breached, or one in which a court or administrative agency of competent jurisdiction orders a party to produce this Settlement Agreement and Release. IN WITNESS WHEREOF, the parties have executed this Settlement Agreement and Release the day and year first above written. Print Name: William F. Koch, For the Town of Gulf Stream John C. Randolph, Esq. Counsel for the Town of Gulf Stream f� Dan Gheorge ` Debi Alten, Esq. �-Coun Gheorge Page 2