The URL can be used to link to this page

Home My Public Portal About2020-40 Confirming a Declaration of a State of Emergency due to Novel Coronavirus-Covid-19RESOLUTION NO. 2020.37 A RESOLUTION OF THE VILLAGE COT'NCIL OF THE VILLAGE OF KEy BISCAYNE, FLORIDA, APPROVING A GENERAL RELEASE A}[D SETTLEMENT OF' ALL CLAIMS OF ANA GONZALEZ AND FELIX M. GONZALEZ; PROVIDING FOR AUTHORIZATION; AND PROVIDING FORAN EFFECTryE DATE. WHEREAS, on or about Novernber 6, 20L9, Ana Gonzalez and Felix M. Gorualez (collectively, the "Gonzalezes") filed a lawsuit styled Ana Gonzalez and Fetix M. Gonzalez v. Village of Key Biscayne in the Circuit Court of Miami-Dade County, Florida under case number 2019-032826'CA-01, seeking damages allegedly related to an incidenr on January 10, 2018 (the "Lawsuit"); and WHEREAS, the Gonzalezes are willing to settle all of their 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 $87,500, which will be paid by the Village's insurer, all as set forth in the General Release of All claims attached hereto as Exhibit "A" (the "Release"); and WHEREAS, although the Village disputes the merits of the Lawsuit, the Village Council desires to accept the Release, thereby disposing of all claims against the Village by the Gorualezes, and authorize the Village Manager and Village Attorney to prepare and execute all settlement and related documents consistent with the terms of the 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 COTJNCIL OF'THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section l. Recitals. That each of the above-stated recitals are hereby adopted, confi rmed, and incorporated herein. Section 2. Anproval. That the Village Council approves the settlernent of all clairns that were or could have been assefted by the Gonzalezes as a result of the alleged incident on January 10,2018, including costs and attorney's fees, for $87,500, which will be paid by the Village's insurer, all as set forth in the Release attached hereto as Exhibit "A." Section 3. Authqfization. That the Village Council authorizes the Village Manager and the Village Attomey to prepare and execute all settlement and related documents consistent with the temts of the Release attached hereto as Exhibit "A" and the intent of this Resolution. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption lrereof, PASSED and ADOPTED this 9'h day of June ,2020. hr/ MICHAEL W. DAVEY MAYOR ATTE A CE CLERK APPROVED AS TO FORM AND LEGAL WEISS SEROTA FIELFMAN COLE & BiERMAN, P.L VILLAGE ATTORNEY 2 GENERAL RELEASE OF ALL CLAIMS Recitals A. As uscd in this Generat Releasg the tern "Releasors" shall mean ANA GONZALEZ and FELIX M. GONZALEZ, as well as their heirs, executors, administrators, personal represcntatives, succsssors and assigns. B. As uscd in this General Rcleasg the tcrms "Rcleascs" shall collcctively mean the VILIAGE OF KEY BISCAYN$ as well as its past, present and firture agents, agencies, officials, councilmembers, commissionerq cmployees, boards, reprcsentatives, attomeys, successors and assigns, in both their individual and official capacities, and any cntity or person in privity with them, jointly or severally, singular or plural, wherever the contcxt so admits or requires, WHEREAS, Releasors commenced a lawsuit against tho Rcleascc rclating to a motor vchicle accident in the matter of Ana Ganzalez and Fehx M" Gontsalez u llillage o.{ Kev Blscarlne. Cpse No.2019-0328?6 CA 01. liled in the ltth Judicial Circuit Court, Miami-Dadc County, Florida (thc "Lawsuit'); WHEREAS, Relcssc€ has dcnied and continues to dcny any wrongdoing and has dcnied and continues to deny any liability for the allegations wlrich wcre thc subject matter of the abovc- refcrenced lawsuiq but is desirous of entering into a compromise settlement of this ctaim in good faith, to avoid litigation and aftendant costs; and WHEREAS, Releasors have agreed to accept the total sum of Eighty-Seven Thousand Five-Hundred and 00/100 Dollars ($87,500.00) (tho "Total Payrnent'), in full and final comproririsc and settlement of any and all claims they may havg whether now not known or contemplated, against Releasce; NOW THEREFORE, KNOW ALL MEN by thcse presents: That the said and undersigned Releasors for and in consideration ofthe payment to them of the Total Payment and other valuable consideration, the ieceipt and suffrciency of which is hereby acknowledged, does hercby remise, release and forever discharge Reloasee of and from all manner of action and actions, causc and causes or actions, suits, debts, dues, sums ofmoncy, accounts, reckonings, bonds, bills, specialties, covcnants, contracts, controvcrsies, agreemcnts, promiscs, variances, trespasscs, darnages, judgments, cx@utions, claims and demands whatsoever, in law or in equity, which Releasors ever had, norv has, or which any personal reprcscntative, succ€ssor, heir or assign of Relcasors, hereafter can, shall or may have against said Rcleasee, by reason ofany matter, cause orthing, from the beginning of the world to the date of these prcsent$ including but not limited to any and all claims arising out of or related to the above-described Lawsuit and any and all claims for compensatory damages, injunctive relief, declaratory relief, punitive damages, intcrest, costs, mcdical urd hospital expcnses, attorney's fces, civil rights violations, federal claims, statutory or common law claims, lost wagcs, impairment of eaming capacity, physical, emotional or psychological injury, companionship and support, consortium, mental anguish, pain and suffering bodily injury, past and future medical expenses, property damagc or loss of usc of property. Releasors stat€ that at the time of the execution of this General Release there are no outstanding claims or liens by way of reimbursement or subrogation by insuranco caniers, anorneys, hospitals, medical providers or other entitics inoluding MEdicare or Medicaid, for rmounts paid or owed on behalf of Releasors by reason of thc incident which is described above, or, in thc alternative, if thore are any such outstonding claims or liens, Reteasors will indemnify and hold Rcleasee harmless frorn said amounts and will fully satisfl and resolve those claims including but not limited to any hospital liens, medical lieng attomeys liens, insurance licns andlor liens held by Mcdicaid or Medicare, any other governmental agencS or any other entity. This Gcncral Rclease shall not bc construed as an admission of liability or responsibility by Releasec, but is rather a compromise scttlcmcnt designed to avoid continued litigation. Relcasce spccifioally denies liability for the claims brought by Relcasors, deny all allcgations of Releasors and deny any wrongdoing whatsoevcr. - Releasors acknorvledge and agrce that this is a General Rclease of all claims. Releasors cxpressly waivc and assume the risk ofany and all claims for damages, and any na0rre whatsoover, which exist as of fhis datg of which Releasors do not know or suspect to cxisq whether through ignorance, oversight, error, ncgligencc, orothcrwise and which, ifknown, would materiallyaffect Releasors' dccision to €nter into this scttlement and provide this General Release. Releasors further agrcc that they have accepted thc sum specified hercin as a complete compromise of all matters involving disputed issucs of law and fact, and assume the risk that the facs or law may be different than they believc them to be. Relcasors furthcr waffant that no promise or inducement not herein expresscd has been madc; that this General Release is given in good faith and discharges Releasee from all liability; that the undersigncd are over the age of twcnty-one (21) ycars and legally compstent and fully authorized to execute this Oencrsl Rclease; that the undersigned havc rcad the contcnts of this General Release, have been adequately rcpresented by counsel of their own choice, and sign this General Release with full knowledge and appreciation of its meaning, THIS IS A CENERAL RELEASE - READ CAREF'ULLY BEFORE SIGNING ISIGNATURE PAGES FOLT,OWI