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Home My WebLink About02-21-2001 General release of ClaimsBROWN, WARD, SALZMAN & WEISS, P.A. Usher L. Brown' John H. Ward' Gary S. Salzman' Jeffrey S. Weiss Suzanne D'Agresta Anthony A. Garganese° Scott D. Danahy James G. Vickaryous Allison Carmine McDonald Alfred Truesdell Arthur R. "Randy" Brown, Jr. Brett A. Marlowe Jeffrey P. Buak Kristine R. Kutz ' Board Certified Civil Trial Lawyer ° Board Certified Business Litigation Lawyer ° Board Certified City, County & Local Government Law ATTORNEYS AT LAW February 21, 2001 Mr. Gene DeMarie, Director of General Services City of Winter Springs 1126 East S. R. 434 Winter Springs, FL 32708 Re: General Releases of Claims Dear Gene: 111 North Orange Ave., Suite 875 Post Office Box 2873 Orlando, FL 32802-2873 (407)425-9566 (407) 425-9596 FAX Email: firm@orlandolaw.net Website: www.oriandolaw.net agarganese@orlandolaw.net As you requested, enclosed are two draft general releases in the event a small claim for property damage is made against the City. You indicated that it would be helpful for you to have these forms available, as a starting point, to address future small routine claims. The two enclosed releases are virtually the same. However, one of the draft releases provides that the City will repair and clean the property damage in exchange for the release. The other draft release provides that the City will pay money in exchange for the release. The general releases are extremely general in nature and should only be used in situations where the potential claim against the City for property damage is minor. Further, the general release will have to be slightly modified on a case by case basis in order to address the specific occurrence on which the City of Winter Springs is seeking a general release. Before the City seeks to acquire Mr. Gene DeMarie, Director of General Services City of Winter Springs February 21, 2001 Page 2 a general release of all claims, I strongly urge that you provide me with a proposed draft release so that it may be properly reviewed for legal sufficiency. The obvious risk of receiving an inadequate general release is that the City will have paid compensation or provided certain services in exchange for a release that is not worth the paper it is written on. Notwithstanding, the enclosed general releases should provide you with a boiler plate document in which a proposed general release can be prepared for occurrences that result in minor property damage caused by the City. If you have any questions regarding the enclosed general releases, please do not hesitate to contact me. Otherwise, please advise me should a situation arise where the City is contemplating using either of the enclosed releases. Antnony A. ciarganese City Attorney AAG:kj Enclosures cc: Mr. Ronald McLemore, City Manager w/copy of enclosures F:\DOCS\City of Winter Springs\General\Correspondence\DeMarie002.kj RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION OF the contracting of a professional, licensed, and insured contractor to perform cleaning and repair services at , Winter Springs, Florida and other good and valuable consideration, the undersigned, being of lawful age, do hereby release and discharge, and by these presents do acquit and release on behalf of myself individually and my heirs, executors, administrators, successors, and assigns, and forever discharge the CITY OF WINTER SPRINGS a Florida Municipal Corporation and its officers, elected officials, attorneys, employees, agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships employed by them, whether herein named or referred to or not, of and from any and all past, present and future actions, causes of action, demands, rights, damages, claims, costs, loss of services, expenses, compensation, third -party actions, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever nature, and all consequential damage on account of, or any growing out of any and all known and unknown property damage and the consequences thereof resulting or to result from an occurrence on or about the day of , 200_, at or near, Winter Springs, Florida. I understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the City of Winter Springs hereby released by whom liability is expressly denied. It is further understood that the City of Winter Springs, in no way, warrants or makes any representations as to the quality of any work done, if applicable, nor the competence of individuals who perform it in conjunction with this occurrence. I, the undersigned, being of lawful age, further declare and represent that no promise, inducement, or agreement not herein expressed has been made to the undersigned, and that this release contains the entire agreement between the parties hereto, and that the terms of this release are contractual and not a mere recital. I further state that I have carefully read the foregoing release and know the contents thereof, and I sign the same of my own free will. Signature - (Print Name) STATE OF FLORIDA COUNTY OF SEMINOLE Before me this day of , 200_ personally appeared , ❑ who is personally known to me or ❑ who has produced the following identification: He/she has acknowledged to and before me that he/she executed such instrument for the purpose therein expressed. NOTARY PUBLIC F:\DOCS\City of Winter Springs\Forms\general cleaning service release.kj RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION OF the payment of the sum of $ and other good and valuable consideration, the unddrsigned, being of lawful age, do hereby release and discharge, and by these presents do acquit and release on behalf of myself individually and my heirs, executors, administrators, successors, and assigns, and forever discharge the CITY OF WINTER SPRINGS —a Florida Municipal Corporation and its officers, elected officials, attorneys, employees, agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships employed by them, whether herein named or referred to or not, of and from any and all past, present and future actions, causes of action, demands, rights, damages, claims, costs, loss of services, expenses, compensation, third -party actions, suits at law or in equity, including claims or suits for contribution and/or indemnity, of whatever nature, and all consequential damage on account of, or any growing out of any and all known and unknown property damage and the consequences thereof resulting or to result from an occurrence on or about the day of , 200_, at or near Winter Springs, Florida. ' I understand that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of the City of Winter Springs hereby released by whom liability is expressly denied. It is further understood that the City of Winter Springs, in no way, warrants or makes any representations as to the quality of any work done, if applicable, nor the competence of individuals who perform it in conjunction with this occurrence. It is agreed that distribution of the above sum shall be made as follows: $ to I, the undersigned, being of lawful age, further declare and represent that no promise, inducement, or agreement not herein expressed has been made to the undersigned, and that this release contains the entire agreement between the parties hereto, and that the terms of this release are contractual and not a mere recital. I further state that I have carefully read the foregoing release and know the contents thereof, and I sign the same of my own free will. Signature - (Print Name) STATE OF FLORIDA COUNTY OF SEMINOLE Before me this day of , 200_ personally appeared , ❑ who is personally known to me or ❑ who has produced the following identification: He/she has acknowledged to and before me that he/she executed such instrument for the purpose therein expressed. NOTARY PUBLIC F:\DOCS\City of Winter Springs\Forms\general monetary release.kj