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HomeMy Public PortalAbout2021-04 Approving a settlement agreement with Amelia Viciana FranciscoRESOLUTION NO. 2021- 04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL CLAIMS OF AMELIA VICIANA FRANCISCO IN AMOUNT NOT TO EXCEED $40,000 TO BE PAID BY THE VILLAGE'S INSURER; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about October 25, 2019, Amelia Viciana Francisco ("Francisco") filed a lawsuit styled Amelia Viciana Francisco et al. v. Village of Key Biscayne in the Circuit Court of Miami -Dade County, Florida under case number 2019 -030802 -CA -01, seeking damages allegedly related to an incident on May 9, 2017 (the "Lawsuit"); and WHEREAS, Francisco is willing to settle all of her claims that were or could have been brought against the Village pertaining to the Lawsuit, including all costs and attorney's fees incurred in this matter, and release the Village of any liability, in exchange for a lump -sum payment of $40,000, which will be paid by the Village's insurer, all as set forth in the Settlement Agreement and General Release attached hereto as Exhibit "A" (the "Agreement and Release"); and WHEREAS, although the Village disputes the merits of the Lawsuit, the Village Council desires to accept the Agreement and Release, thereby disposing of all claims against the Village by Francisco, and authorize the Village Manager and Village Attorney to prepare and execute all settlement and related documents consistent with the terms of the Agreement and Release; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval. That the Village Council approves the settlement of all claims that were or could have been asserted by Francisco as a result of the alleged incident on May 9, 2017, including costs and attorney's fees, for $40,000, which will be paid by the Village's insurer, all as set forth in the Agreement and Release attached hereto as Exhibit "A." Section 3. Authorization. That the Village Council authorizes the Village Manager and the Village Attorney to prepare and execute all settlement and related documents consistent with the terms of the Agreement and Release attached hereto as Exhibit "A" and the intent of this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED and ADOPTED this 26th day of January, 2021. Jft AEL W. DAVEY ATTEST: JO 9E0 BBIEWSTER KOCH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY 2