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Home My WebLink AboutWinter Springs Soccer Club Settlement Agreement and Release of Claim - 2001 12 21 I~ SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. PARTIES This Settlement Agreement andJRelease of All Claims, henceforth referred to as the "Agreement", is entered into by and between CITY OF WINTER SPRINGS, henceforth sometimes referred to as "Releasor", and WINTER SPRINGS SOCCER CLUB, INC., their parent, subsidiaries and related entities, henceforth sometimes referred to as "Releasee. " II. REelT ALS This Agreement is made with reference to the following facts: A. MEG AVITABILE was allegedly injured in an incident occurring at Trotwood Park in Winter Springs, Florida on July 18, 2001. B. The injuries sustained by MEG AVITABILE may be permanent and progressive and recovery therefrom is uncertain and indefinite. C. Certain claims, defenses, causes of action and disputes may exist or arise r out of the July 18, 2001 incident involving MEG AVITABILE. D. It is the intention of the parties to fully and completely settle any and all claims, causes of action and disputes between them as of the date this Agreement is executed. E. At the time of executing this Agreement, the Representative for CITY OF WINTER SPRINGS is of sound mind and represented by counsel. . .. III. RELEASE In consideration for WINTER SPRINGS SOCCER CLUB, INC.'s payment toward the complete settlement of this matter, Releasor hereby releases and discharges WINTER SPRINGS SOCCER CLUB, INC., and any and all related or affiliated entities and subsidiaries including their officers, agents, employees, successors and assigns, from any and all claims, demands, damages, costs, expenses, and causes of action, whether based on tort, contract or any other theory of legal recovery, for damages of every type and nature, including but not limited to compensatory damages and punitive damages, for injuries already sustained or that may hereafter be sustained in connection with or as a result of the incident which occurred on July 18, 2001 in which MEG AVITABILE was injured and which forms the basis of the lawsuit styled JAMES AND MARGARET A VIT ASILE, as natural oarents and Guardians of MEG A VIT ASILE, a minor v. WINTER SPRINGS SOCCER CLUS, INC., and CITY OF WINTER SPRINGS, currently pending in Seminole County Circuit Court as Case Number 03-CA-1633-11-W. IV. SETTLEMENT OF DISPUTED CLAIMS Releasee has agreed to enter into this Agreement to avoid the substantial expense, burden, and inconvenience of litigation, trial, and appeal it may occur in further prosecuting or defending these claims and to terminate further controversy respecting the claims of Releasor, CITY OF WINTER SPRINGS, for damages of any and all types, arising from the incident which occurred on July 18, 2001, including but not limited to, compensatory and punitive damages that might hereafter be asserted by Releasor, its heirs, personal representatives or assigns. This Agreement shall not be considered as Page 2 of 5 . . an admission of liability or responsibility of any kind whatsoever on the part of Releasee nor considered as evidence or an admission of liability on the part of Releasee. V. WAIVER In the event that other injuries, damages, losses or consequences not known will be developed or be discovered as a result of those injuries or claims now known, this Agreement and the compromise settlement upon which it is based are expressly intended to cover and include, and do cover and include, all such future injuries. damages, losses or consequences, including all rights of actions and lawsuits arising therefrom and the Releasor hereby expressly waive any and all rights arising out of such other injuries, damages, losses or consequences not now known or anticipated. The Releasor expressly consents that this Agreement shall be given full force and effect according to each of its express terms and provisions, including those related to unknown and unspecified claims, demands and rights, and other lawsuits or other causes of action. The Releasor acknowledges and agrees that this section is an essential and material term of this Agreement and the compromise settlement which leads to it and that without the inclusion of this section of the Agreement, this compromise settlement would not have been accomplished nor would the Releasee have entered into this Agreement. The Releasor has had an opportunity to read and to confer with counsel of its choice regarding this Release and Settlement Agreement, including but not limited to this section and, being of competent mind, understands and acknowledges the significance of the Agreement and the waiver provided herein. Page 3 of 5 . . VI. NO RELIANCE ON REPRESENTATIONS The Releasor has executed this Agreement without reliance on any representations by the Releasee or any of their representatives, other than those representations set forth in this Agreement. VII. FLORIDA LAW APPLIES This Agreement shall be governed and construed in accordance with the laws of the State of Florida. If any provision. paragraph, or other portion of this Agreement is found to be void under the laws of the State of Florida, all the remaining portions of this Agreement will still be binding. This Agreement shall not be amended orally. VIII. LIENS The Releasor agrees to payoff and satisfy any and all liens for medical bills, lost wages or otherwise, which may be asserted as a result of the incident which occurred on July 18, 2001, in which MEG AVITABILE was injured and to indemnify and hold Releasee harmless for the payment of any and all such liens. By my signature below, I acknowledge having read this Agreement and, having had the opportunity to confer with counsel of my choice, understand it and intend to be bound by its terms. THE RELEASOR HAS READ THE FOREGOING RELEASE, HAS HAD THE OPPORTUNITY TO CONFER WITH COUNSEL REGARDING THIS RELEASE, FULLY UNDERSTANDS IT, AND AGREES THAT ALL DOUBTS AND AMBIGUITIES IN CONNECTION WITH THIS GENERAL RELEASE OF ALL CLAIMS BE CONSTRUED IN FAVOR OF THE RELEASEE. Page 4 of 5 .; .. ..,:. CAUTION: READ BEFORE SIGNING BELOW Releasor: tJ 1r1 c. epresentative for the CITY OF WINTER SPRINGS L _ ~rx- ITNESS (' , 'd)~ ;:~\ f'trI\'- J..... . ~ W~TNESS '-J STATE OF FLORIDA ) COUNTY OF S ~~lWDwL ) ~EFORE ME, a notary public, duly authorized to take ack~wle~ges in the County of Se\-tl~<)~ , personally appeared ~~o w, tt~~ , Representative for the City of Winter Springs, personally known to me to be the person designated in the foregoing Settlement Agreement and Release Of All Claims as the Releasor, or who has produced a driver's license as identification, and who acknowledged before me that he/she executed the same freely and voluntarily for the purposes described therein. ~WRRN TO AND SUBSCRIBED BEFORE ME THIS dl SI DAY OF ~~'-I---, Andrea Lorenzo-Luaces T PUBLIC t:l<t-. My commissiOn 00209870 11 ^ \ (\ ),,, \ .-Q "\ !f j Exptres MlIY 09. 2007 11~L0~~~) Of Y COMMISSION EXPIRES: . 't. c5( Page 5 of 5 BELL, LEEPER & ROPER, P.A. ATTORNEYS AT LAW MICHAEL M. BElL MICHAEL H. BOWLING MARY GRACE DYlESKI MATTHEW J. HAFTEL ERNEST H. KOHLMYER, 111* CYNTHIA D. LAllY ANDREW J. LEEPER* DOUGLAS J. PETRO MICHAEL J. ROPER JOSEPH A. TSOMBANIDIS 2816 EAST ROBINSON STREET ORLANDO, flORIDA 32803-5834 SCOTT P. WILLIAMS OF COUNSEL MAILING ADDRESS: POST OFFICE BOX 3669 ORLANDO, flORIDA 32802 TELEPHONE 1407) 897-5150 TELEFAX (4071 897-3332 . ALSO ADMITTED IN GEORGIA December 14, 2004 A TTORNEY CLIENT COMMUNICATION A TTORNEY WORK PRODUCT PRIVILEGED - CONFIDENTIAL blr@blrlawfirm.cam Chuck Pula, Director Parks and Recreation Department 400 J'o/ orth Edgemon A venue Winter Springs, FL 32708 Re: James and Margaret Avitabile, as natural parents and guardians of Megan Avitabile, a minor vs. City of Winter Springs Date/Loss: 07/18/2001 Dear Mr. Pula: Enclosed please find a Settlement Agreement and Release of All Claims between the City of Winter Springs and the Winter Springs Soccer Club. As you may recall, we filed a Crossclaim for indemnity against the Winter Springs Soccer Club in this suit. Although no money was exchanged between the City and the Soccer Club, the insurer for the Soccer Club did contribute a larger portion ofthe settlement amount. In consideration of this, the Crossclaim against the Soccer Club has been dismissed and the enclosed Release is part of the resolution of that aspect of the overall claim. At your earliest convenience, please execute the enclosed Release in the presence of a notary and return same to me. Thank you for your cooperation in this regard. If you have any questions or concerns, please do not hesitate to give me a call. ~ Douglas J. Petro DJP/dh Enclosure