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Home My WebLink AboutStandard Fire Insurance Company Mutual Release and Settlement Agreement -1995 07 17 ;,;:,," ~Y"~""!I''''''!;l''''!''I\!'W,~''~, ".,;, ;....,r,,~').'\I""I!!"..""'.,._;~\'~: ..-. .~ MUTUAL RELEASE AND SETTLEMENT AGREEMENT WHEREAS STANDARD FIRE INSURANCE COMPANY (STANDARD FIRE), WINTER SPRINGS PARTNERS, LTD., (PARTNERS), AND THE CITY OF WINTER SPRINGS, FLORIDA (CITY) have been involved in a dispute over the responsibility for the loss suffered by Doris Stone which is the subject of a lawsuit, and: WHEREAS STANDARD FIRE, PARTNERS, and the CITY desire to fully settle the lawsuit and resolve all claims among and between them arising out of the loss suffered by Doris Stone: KNOW ALL MEN BY THESE PRESENTS that STANDARD FIRE, PARTNERS and the CITY in consideration of the payment of Twenty Five Thousand Dollars ($25,000.00) paid from PARTNERS to STANDARD FIRE and the payment of Seven Thousand Dollars ($7,000.00) from the CITY to STANDARD FIRE, and other good and valuable consideration flowing from each and every party to this Mutual Release and Settlement Agreement to the other, the receipt and adequacy of which is hereby acknowledged, do hereby for themselves, their successors, principals, agents, officers, directors, employees, representatives, shareholders, subsidiaries, heirs, affiliates and assigns, fully release, remise and forever discharge each other and their respective successors, principals, agents, officers, directors, employees, representatives, shareholders, subsidiaries, heirs, affiliates and assigns, of and from any and all claims, debts, demands, actions, causes of action, suits, sum or sums of money, controversies, agreements, promises, and all liabilities whatsoever, both at law and at equity, which they now have or may have had, including but not limiting the generality of the foregoing, from any and all claims, debts, demands, actions, causes of action, suits, sums of money, controversies, agreements, promises, and all liabilities whatsoever, both at law and equity, related or associated, directly or indirectly with the above-described relationships which are presently the subject of that litigation known as The Standard Fire Insurance Company, as Subroqee of Doris Stone v. Winter Sprinqs Partners, Ltd., and City of Winter Sprinqs, Case No. 94-1746 presently pending in Division E of the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida. The consideration described above and the Mutual Release and Settlement Agreement granted herein are given by way of compromise and without any admission of liability whatsoever. This Mutual Release and Settlement Agreement shall be governed by the laws of the State of Florida. {.';~"- ~~<~- ;'~~!.r.:;/;;"L . ""'-.1W~"""i Should any litigation arise out of the enforcement of the terms of this Mutual Release and Settlement Agreement, the prevailing party in said litigation shall recover from the non-prevailing party the cost of the action and reasonable attorney's fees, including reasonable attorney's fees in any appellate or bankruptcy proceeding. The Parties represent and warrant that they have read this Mutual Release and Settlement Agreement; that they have consulted with counsel regarding this Mutual Release and Settlement Agreement; that the execution of, and all action necessary for the execution of this Mutual Release and Settlement Agreement has been undertaken freely and voluntarily, upon their best judgment solely for the consideration described herein, and that each signatory to this Mutual Release and Settlement Agreement has full authority to execute this document and bind the Party for which the representative signs. IN WITNESS WHEREOF the undersigned have executed this Mutual Release and Settlement Agreement this ..} 7 day of f.1v....-..e , 1995. L/ STANDARD FIRE INSURANCE COMPANY By: (k{l'~lf.,Ltu ~l~\.aJ.,., L .-'._ Its: ,.sJJ"L{)clC(.~h ~iA./ra tz:;q I ' STATE OF COUNTY OF ~EFORE ME the undersigned authority personally appearsd P _I!.--LR- MnJ"r)-"\r - who after being first duly sworn dep es and statGS"that the information contained therein is true and correct to the best of his knowledge and belief. WITNESS my hand and seal thi~17 1995. Personally known J , or Produce Type of Identification Produced ~,'('.'f"~~-1T~'--''''~ -- WINTER SPRINGS PARTNERS, LTD. BX ~~./ I' Yv-znf Its: /lJRI\jH~/^)I:; (J,[l\JfJ<AL ~'K. STATE OF F~c~!6A COUNTY OF ~ Ern J fv'C l-E.., BEFORE (JAt\J/fL deposes and and correct ME the undersigned authority personally appeared p. LUr.O b who after being first duly sworn states that the information contained therein is true to the best of his knowledge and belief. Personally known ~ 17/)" day of.JU.L r) ~~rL~ (/ a~~~ NeTARY PUBLIC MY COMMISSION EXPI SANDRA A. ARNOLD Stat8 01 FlorIda "'Comm.~~998 , WITNESS my hand and seal this 1995. or Produce Identification Type of Identification Produced THE CITY OF WINTER SPRINGS vJ;d By: . _./ //'1ifY~ / ?- //- It'~~ ({ ':-';- N I//~ 1'1 c~dA STATE OF COUNTY OF ~_,_ BEFORE ME the undersigned authority personally appeared ~I'\ GOVD( u..h.k who after being first duly sworn deposes and states that the information contained therein is true and correct to the best of his knowledge and belief. WITNESS my hand and seal this m day of 5~~tAnhr , 1995. -:rft~~ (::( ~~~ NOTARY PUBLIC MY COMMISSION EXPIRES: Personally known x. or Produce ~.."l 'II#. . MARTHA R JENKINS Identification ~~ ~~ '" ~ Bonded b1 NI8 ~ ~.. 8OC)-852.a17a "l.. ,,,. Type of Identification Produced -C-~-J'-~--" ... -. . " !<~-"!'tiP"" . f'~ " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327-1800 September 15, 1995 F. Scott Pendley 200 East Robinson St. Suite 1020 Orlando, FL 32802 Re: Standard Fire vs. Winter Springs Dear Mr. Pendley: Per our conversation and your letter of September 5, 1995, attached herewith is the three (3) signed Mutual Releases and Settlement Agreement. Please return our copy along with a copy of the Dismissal Order in order that we may close our files. If I can be of further assistance, please contact me. /jp cc: City Clerk file attachment )~ ;:t;,.,.. ATTORNEYS AT LAW m, D T~)CJE2 \~1If{Jl}1 . '"', ..~J' I",J. ~... ~ tr .JOSEPH R. "'Lo~f.P.JR9 7 1995 AVA .... TUNSTALL S. RENEE STEPHENS PAuu'eI'r~Fl\fT'f'~ljmER SPRING DONOVAN A. R~P~~ DOUOLAS T. NOAWlty Manager .JEI'"I'"REY R. RICHARDSON BETH MILLER THOMAS ALAN D. KAUNOSKI"+++ .JOHN M. .JOYCE DEAN, RINGERS, MORGAN.AND LA'WTON A PRO...ESSIONAL. ASSOCIATION OOBLE D. DEAN ANDREW L. RINOERS' DALE O. MORGAN' WILUAM E. LAWTON' LAMAR D. OX"'ORD .... SCOTT PENDLEY'" .JOHN D. ROBINSON MICHAEL .J. ROPER I'"RANK C. WESIOHAN' .JEF"'RY .J. BRANHAM + EOLA PARK CENTRE, SUIT!: 1020 200 EAST ROlliNSON STREET POST O~FICE Box ZQZ8 ORLANDO. FLORIDA 32802 (4071 422-4310 ..All (4071 8411-0233 September 5, 1995 . II'LO..,D. .... .0."0 CEftTtl"lCD CIVIL. T"''''L LAWYE" + II'L~"'OA ...... .0.....0 CI:,",I"III:D WO..KE.... COM"!l:NaATlON LAWYER A. WALTE" AKIN ~AJIIALECML ++ "'DMITTEO TO THe OEO"OIA ...... +++AD...ITTED TO notE DIIIT. OP' cow....... .... .. AD...rTTCD TO note ILLlNOIa .... Mr. John Govoruhk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Standard Fire v. Winter Springs Dear John: This will follow up our recent telephone conversation concerning the execution of the release in the above-described case. The only remaining item to be completed, before this case can be dismissed with prejudice and everybody can close their files, is the signing of. the releases by the appropriate representative from the City of Winter Springs. As you have noted from the releases I have forwarded to you, Standard Fire Insurance Company has already signed the release as well as a representative from Winter Springs Partners, Ltd. It would be deeply appreciated if either you or Frank Kruppenbacher would let me know when these releases may be executed so I can let the other attorneys in the case know. With best personal regards, I FSP:cl cc Frank C. Kruppenbacher, Esquire ~":';-7"""~~~'_-~' ~-~ --,----~.,--':. ~'!'!f~:,)J~:;;':':7"''''''--''- "",:O;'{:;-' ,-'~.:":!~F~,-;,. A PROFESSIONAL. ASSOCIATION ATTORNEYS AT LAW WJEtC~JIWJE1U JUL t.. 6 19951 DEAN, RINGERS, MORGAN AND LAWTON OOBLE D. DEAN ANDREW L.. RINOERS' DALE O. MORGAN' WILLIAM E. LAWTON' LAMAR D. OXFORD F. SCOTT PENDLEY'" "'OHN D. ROBINSON MICHAEL. "'. ROPER FRANK C. WESIOHAN' "'EFFRY"'. BRANHAM' Eol.A PARK CENTRE, SUITE 1020 200 EAST ROBINSON STFlEET POST Ol'"FICE Box 2Q28 ORLANDO, FLORIDA 32802 (4071422-4310 "JoJ( (4071 1548-0233 "'OSEPH R. FLOOD, "'R. "'V'" F:<1P'"""~ \I\!l~...n::R SPRING'. s. RENtiE's'rE)iHJ;tf,s". . , ~ , P...UUNE w. MCI~it~w~ai1ager DONOV...N .... ROPEFl DOUOLAS T. NO...H "'EI"I"REY R. RICH...FlDSON BETH MILL.EFl THOMAS ALAN D. KAUNOSKI..... ..JOHN M. ..JOYCE . .....O".OA .A" BOA"D CE..-nP"IEO CIVIl.. TftIAI.. LAWYE" + .....O...DA eA" eOA"D CE-.n"'ED WO..KE.... COM~IEN.AnON LAWYE" .... W...LTER AKIN """"'-EaAL ++ AOMI'TTED TO THE OEO"OIA eA" +++ADNfTTED 1'0 THE DlaT. OP" COW"." .Aft .. ADMITTED TO THE ILLlNOI. .... July 24, 1995 Mr. John Govoruhk, City Manager City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 Re: Standard Fire v. City of Winter Springs Dear Mr. Govoruhk: Please find enclosed three (3) Mutual Release and Settlement Agreements. As you can see, representatives from Standard Fire Insurance Company, as well as Winter Springs Partners, Ltd. have executed the Releases. It would be deeply appreciated if you or the appropriate representative for the City of Winter Springs would execute all three Releases and return them to me. I will then forward a Joint Motion for Dismissal with Prejudice of this case to the Court and the Court will enter an Order dismissing this case with prejudice. For your convenience, I have enclosed a self-addressed, stamped envelope. If you have me. s at all, please do not hesitate to contact am FSP/nal Enclosure