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
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