The URL can be used to link to this page

Home My WebLink AboutSmith, David And Shelli General Release And Settlement Agreement 2007 11 09 , �: GENERAL RELEASE AND SETTLEMENT AGREEMENT Recitals The term "Claimants" as used in this General Release shall mean DAVID AND SHELLI SMITH (hereinafter referred to as CLAIMANTS), as well as their heirs, minor children, executors, administrators, personal representative, successors, assigns, and anyone who has ownership interest in the residence located at 1612 White Dove Court, Winter Springs, Florida. The term "Defendants" as used in this General Release shall include the CITY OF WINTER SPRINGS, the Florida Lea�ue of Cities, and the Florida Municipal Insurance Trust, as well as their present and former employees, officials, commissioners, councit members, attorneys, a�ents, representatives, boards, commissions, agencies, councits, successors, assigns and any person or entity in privity with them, in their individual or official capacity, singular or plural, jointly or severally, where the context admits or requires. (Hereinafter referred to as DEFENDANTS) GENERAL RELEASE WHEREAS, on or about Au�ust 15, 2004, the residence of the CLAIMANTS located at the above-described address experienced floodin� by sewage; and WHEREAS, as a result of the incident CLAIMANTS allegedly suffered damages including, but not limited to, property damage, diminution in the value of their residence, and personal injury; and WHEREAS, CLAIMANTS and DEFENDANTS are desirous of entering into this compromised settlement of a disputed claim in order to avoid further attorney's fees, costs, litigation and attendant costs; and ;. WHEREAS, CLAIMANTS have agreed to accept the terms and conditions set forth in this General Release and Settlement A�reement in compromise and settlement of any and all claims they may have against the DEFENDANTS, whether now known or contemplated, arising out of the damages allegedly sustained by them resuttin� from the aforesaid incident as described above; and WHEREAS, CLAIMANTS further agree to indemnify DEFENDANTS, from any outstanding liens, arising from the alleged injuries they allegedly sustained as a result of the incident described herein and further a�ree to pay any and all of their outstanding liens, medical expenses and attorneys' fees and costs from the settlement proceeds; and WHEREAS, CLAIMANTS and DEFENDANTS are desirous of enterin� into this settlement in order to provide for certain payments in full settlement and discharge of all claims which are or might have been brought or asserted by the CLAIMANTS as a result of the above-described incident. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS 1. That the said and undersigned CLAIMANTS, for and in consideration of the sum of $42,326.92, to them in hand paid, along with the other terms and conditions set forth herein, the receipt and sufficiency of all which is hereby , acknowledged, do hereby remise, release and forever discharge DEFENDANTS from all past, present and future manner of action and actions, causes and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in Page 2 of 7 . . � equity, which CLAIMANTS ever had, now have, shall or may have against DEFENDANTS by reason of any matter, cause or thing, from the be�innin� of the world to the date of this General Release and Settlement Agreement. 2. CLAIMANTS waive, release, acquit and forever discharge DEFENDANTS from any claim they may have for past, present and future compensatory damages, injunctive relief, declaratory relief, punitive dama�es, interest, costs, attorneys' fees, wa�es, impairment of earning capacity, physical, emotional or psychological injury, property dama�e, diminution in the value of their property and residence, mental anguish, pain and sufferin�, past and future medical or psychological expenses and any other claims for damages, injunctive relief or equity which CLAIMANTS may have under any Federat, State, Local or common law. TAX LIABILITY CLAIMANTS a�ree and acknowled�e that in the event any tax liability ensues from the payment of the above-described sum, CLAIMANTS shall assume sole responsibility for said tiabitity and such tax liability shall not be a grounds for setting aside the settlement and/or this General Release and Settlement Agreement. CLAIMANTS further a�ree and acknowledge that in the event the DEFENDANTS are determined to be responsible for the payment of any taxes as are result of the payment to CLAIMANTS as described herein, the CLAIMANTS shall indemnify DEFENDANTS for any and all such payments. Such indemnification shall not be a �round for setting aside this General Release and Settlement Agreement. Page 3 of 7 . , , , SCOPE OF RELEASE CLAIMANTS acknowledge and agree that the Release and discharge set forth above is a General Release and Settlement Agreement of all past, present and future claims arisin� from the incident described herein. CLAIMANTS expressly waive and assume the risk of any and all claims for damages which exist as of the date of this General Release and Settlement Agreement, of which the CLAIMANTS do not know or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise and which, if known, would materialty affect CLAIMANTS decision to enter into this settlement and provide this General Release and Settlement Agreement. CLAIMANTS further agree that they have accepted payment of the sum specified herein as a complete compromise of matters involving disputed issues of law and fact. CLAIMANTS assume the risk that the facts or law may be other than CLAIMANTS believe. It is understood and agreed by CLAIMANTS that this is a compromised settlement of a doubtful and disputed claim and the payments are not to be construed as an admission of liability on the part of DEFENDANTS. LIENS CLAIMANTS further state that, at the time of the execution of this General Release and Settlement Agreement, there are no outstanding claims by way of lien, reimbursement or subrogation by insurance carriers, medical providers, psychologists, counselors, contractors, subcontractors, materialman, suppliers, or other entities for amounts paid on behalf of CLAIMANTS by reason of the above-dexribed incident, or in the alternative, if there are outstandin� claims, CLAIMANTS will satisfy those claims Page 4 of 7 , , .: and liens and witl hold DEFENDANTS harmless from such claims and will satisfy any such claims which may be outstanding at the present time, including, but not limited to, liens for the provision of inedical and psychological services or liens held by Medicaid or Medicare or any other Federal or State agency or liens held by contractors, subcontractors, materialman or suppliers. ENTIRE AGREEMENT, ADVICE OF COUNSEL, ETC. CLAIMANTS further warrant that no promises or inducement not herein expressed have been made, the payment of the above-mentioned sum is in full settlement and full satisfaction of alt the aforesaid actions, claims and demands whatsoever; that this release is given in good faith and discharges DEFENDANTS from atl liability for contribution to any other alleged tortfeasor; that the undersigned is over twenty-one years of age, legally competent to execute this General Release and Settlement Agreement, has read the contents of this General Release and Settlement Agreement and has executed it voluntarily and after seekin� and obtaining advice of counsel, did not sign this General Release and Settlement Agreement under coercion, distress or duress of any kind whatsoever and sign this General Release and Settlement Agreement with full knowledge and appreciation of its meaning. Page 5 of 7 . , , ; C �J � � / WITN 5 DAVID SMIT � Jointly and Severatly SWORN TO AND SUBSCRIBED before me this � day of N OY�,�M��f�' , 200,�� o( Fbrida Signat e of Notary Public - St te of Florida ;� DanietieeHarksr ie �a � My Canmission 0�63371 �� n �' �� ,a ,/ � a� Ex ires (34/15J2011 �/� � F.�.�I Print, type or Stamp Commissioned Name of Notary Personally known _ or Produced Identification `� Type identification produced �D►ri vZrS �iG-e.vi.S� (SEAL) Page 6 of 7 .. ..: , � WIT S SH LI SM H intly and verally SWORN TO AND SUBSCRIBED before me this � day of I�OV�.{r'Y��i✓ , 2005� `7 �s• o ry u tate of Fbrida Signatur of Notary Public - State o Florida �'"'�. DanieileHarker �� My Commission DD663371 l.JC/`�Y \��C�1 �"� �, 1� I�� "� Ex ires 04/15l2011 Print, type or Stamp Commissioned Name of Notary Personally known _ or Produced Identification � Type identification produced �V�i �-e.�-S LiC,�,Vi�i (SEAL) Page 7 of 7