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