HomeMy WebLinkAboutMacNamara, Burgess Mutual Release and Settlement Agreement -2003 03 28
~- .'l,
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT is entered into on thiS~
day of March, 2003, by the City of Winter Springs ("Winter Springs"), a Florida municipal
corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708 and
Burgess MacNamara ("Macnamara"), an individual, whose address is 513 Moree Loop, Winter
Springs, Florida 32708.
WHEREAS, WINTER SPRINGS presently maintains control over a 1997 Ford Expedition,
VIN 1FMFU18L7VLB18308, that was seized from MACNAMARA by the Winter Springs Police
Department on the 6th day of March, 2003, in Seminole County, Florida, by authority of Section
932.701 et seq., Florida Statutes, the Florida Contraband Forfeiture Act, and which is the subject
of a forfeiture action styled In re: Forfeiture of 1997 Ford Expedition, VIN 1 FMFU187L7VLB 18308,
,
Case No.: 03-CA-711-16-M (the "Litigation"); and
WHEREAS, WINTER SPRINGS seized the aforementioned vehicle based on allegations
that MACNAMARA used the vehicle to facilitate the commission of felonies as specifically
designated under Florida Statutes; and
WHEREAS, subsequent to the seizure and the filing of the Litigation, the parties
commenced settlement negotiations and ultimately agreed to amicably resolve the Litigation
including, without limitation, all claims and counterclaims for damages, interest, attomeys fees and
costs. The parties acknowledge that this Agreement is given in compromise of disputed claims
and any payment made hereunder or dismissal of the Litigation shall not be construed as an
admission of liability by any party.
NOW THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt of which is hereby acknowledged by the parties to
have been received, the parties agree as follows:
Page 1 of 3
----------.----.-.-----:--T~'~~----
.......,
1. The foregoing recitals are true and correct and are hereby fully incorporated herein
by this reference.
2. WINTER SPRINGS agrees to dismiss the Litigation and release the above
described vehicle to MACNAMARA, upon receipt of a certified bank check in the amount of Seven
Thousand Five Hundred and No/100 Dollars ($7,500.00). Said check shall be made payable to
the City of Winter Springs and shall be delivered within three (3) business days to the Law Offices
of Brown, Salzman, Weiss, and Garganese, P.A., located at 225 East Robinson Street, Suite 660,
Orlando, Florida 32802 (the "City Attorney").
3 Upon the City Attorney's receipt of the bank check required hereunder, WINTER
SPRINGS agrees to promptly release the vehicle to MACNAMARA or his duly authorized legal
representative and file with the court a voluntary dismissal of the Litigation.
4. MACNAMARA, his agents, personal representatives, successors, heirs or assigns
hereby remise, release, acquit, satisfy, and forever discharge WINTER SPRINGS, its
commissioners, officers, employees, and attorneys, of and from all cause and causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialities, covenants,
contracts, controversies, agreements, promises, variances, damages, judgments, executions,
claims and demands whatsoever, in law or in equity which MACNAMARA, his agents, personal
representatives, successors, heirs or assigns ever had, now has, or hereafter can, shall or may
have, against WINTER SPRINGS, and its commissioners, officers, employees, and attorneys for,
upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to
the day of these presents, whether such claim or claims are known, unknown, anticipated or
unanticipated at this time, including, without limitation, all claims filed in the Litigation.
5. MACNAMARA agrees to waive any and all double jeopardy, loss of interest,
excessive fine or any other claims or rights arising from the Litigation.
Page 2 of 3
.- f'#""~
6. Each party agrees that this Agreement has been entered into after careful
consideration of their respective rights under the Florida Contraband Forfeiture Act and any other
applicable Florida law, and both parties enter into this Agreement freely and voluntarily, and
declare that this is in full settlement for all civil forfeiture claims arising out of the Litigation.
Additionally, both parties agree to be responsible for their own attorney's fees and costs. Further,
the parties waive judicial review of this Agreement.
7. This Agreement is the entire agreement between the parties and any modification
or change hereof shall be in writing and signed by all parties.
Dated this d2 ~ day of March, 2003.
Witnesses:
CLAIMANT:
~...,~)~~~t~
~ BU M AMARA ~ '\
CITY OF WINTER SPRINGS:
O-LUACES, City Clerk
~4/. ~A? ~
y: RONALD W. MCLEMORE, City Manager
me this tf)J1L day of
M f'~. h t ,t~ :;'* J:+ ~;'. ~~ ,t': r
'iolaf" ffUlJiit:.. $roine 'l~ Hc,n "
\11' comm. aip', ',la~ '. ~ 'Hil:';.
C~m qn . '..i:'.";"~"~'"
;. ,..,:'f! ...",J~
"',. as
::J- ~.:lS - .y;& .. 7Vs-l>
~~;.- ~ tfr#--=z
~tary Public L I.
Print Name: )j1fJ.4'LA-6--.L md,e,S
My Commission Expires: fs h- <'
/
Page 3 of 3
MAlIUAN~E MA UHES
Notary Publro, State Oi F~Of\d<:
My camm.. expo ~n. 3, 200~
Comma No. CC 991734