HomeMy WebLinkAboutExhibit SUBCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Mei rs of
the C t Commission
FROM: Victoria Mendez, City Atto�Jey
DATE: September 1, 2016 v 1
RE: City Commission Meeting — September 8, 2016
CA.4 — Release of Claims — James Edward Hoefling vs. City of Miami,
et al. Case No. 11-22358-CIV-Lenard/Goodman
File No.: 16-00985
Attached please find the Settlement Agreement and Release in the above referenced
case. The Settlement Agreement and Release was not included in the published Agenda
because approval by Counsel for the opposing party was not obtained prior to the publishing
deadline.
VM/BLM/FLA/vja
cc: Daniel J. Alfonso, City Manager
Anna Medina, Agenda Coordinator
Todd B. Hannon, City Clerk
RELEASE OF ALL CLAIMS
THIS INDENTURE WITNESSETH that in consideration of the payment to
JAMES EDWARD HOEFLING, JR. (the "RELEASOR") of the sum of ONE
HUNDRED AND TWENTY FIVE THOUSAND DOLLARS ($125,000.00), and
payment to the law firm of Carlton Fields Jorden Burt, P.A. of the sum of SEVENTY
THOUSAND DOLLARS ($70,000.00) (for a total amount paid of ONE HUNDRED
AND NINETY FIVE THOUSAND DOLLARS ($195,000.00)), receipt whereof is
hereby acknowledged, I, JAMES EDWARD HOEFLING, JR., for myself, and for my
heirs, personal representatives and assigns, release and forever discharge the CITY OF
MIAMI, its current and former departments, officers, agents, servants, and employees
(including, but not limited to, RICARDO ROQUE and JOSE GONZALEZ), its
contractors, lessees, and any other person, firm or corporation charged or chargeable with
responsibility or liability for the below -referenced incident, their respective heirs,
representatives and assigns (collectively the "RELEASEES"), from any and all claims,
demands, causes of action, whether in the nature of subrogation or otherwise, arising
from any act or occurrence from the beginning of time through the present, and
particularly on account of all personal injury, survival, or death, disability, property
damage, costs, loss of services and consortium, expenses, attorney's fees, compensation,
deprivation of any kind already sustained or that may hereafter be sustained, including
reputation or civil rights, on account of, or in any way growing out of, an incident
occurring in or around the Dinner Key Anchorage in Miami, Florida, on or about August
20, 2010, and during which a vessel owned by JAMES EDWARD HOEFLING, JR., the
"METIS-0," was allegedly seized and destroyed (the "incident"), and as a consequence of
which suit was filed in the United States District Court — Southern District of Florida —
Miami Division, Case No.: 11-CV-22358-Lenard/Goodman.
To procure payment of the said sum, the RELEASOR hereby declares and
covenants as follows:
(1). That the RELEASOR is more than 18 years of age;
(2). That the RELEASOR has not been unduly influenced in any manner, or to
any extent, in making this Release by any representations or statements regarding
damages, or regarding any other matters, by the RELEASEES, or by any person or
attorney(s) representing them, or any of them individually, or by anyone employed by
them;
(3). That the injury, damages, disease, illness or death, if any, sustained as the
proximate result of the aforesaid incident, may be permanent, progressive, or not fully
known to RELEASOR at this time, and that recovery therefrom may be uncertain and
indefinite, and in making this Release, he relies wholly upon the advice of his attorney,
and upon his own individual judgment, belief and knowledge of the nature, extent and
duration of said injuries, disease, illness or death, and all damages arising therefrom;
CASE NO.: 11-CV-22358-Lenard/Goodman
(4). That RELEASOR has had the benefit of counsel of his own attorney(s),
and that he fully understand the terms of this Release, and that he is making full and final
settlement of all claims of every nature and character against the RELEASEES;
(5). That there is no outstanding attomey's lien in connection with the sum
paid herein to the RELEASOR;
(6). That this Release is made to induce the said RELEASEES, and those
making payment for, or on behalf of, said RELEASEES, to settle with RELEASOR, and
to pay said sum of moneys to RELEASOR without securing any of the following (which,
if they exist, have been fully satisfied or released):
(A). Any release or satisfaction of any lien of any insurance carrier for
benefits and services, medical or otherwise, paid by virtue of any insurance policy, auto,
life or otherwise; and
(B). Any release of lien from any attorney; and
in the event any such lien, or liens, described above have not been satisfied,
released, or otherwise extinguished, THE RELEASOR SPECIFICALLY
UNDERTAKES AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND the said RELEASEES, from any action or claim asserting such liens against
the RELEASEES, including all losses, costs, expenses, judgments and attorney's fees
incurred as a result of the assertion thereof:
(7). That this Release contains the entire agreement between the parties hereto
and the terms of this Release are contractual and not a mere recital;
(8). That RELEASOR hereby specifically waives, extinguishes and discharges
the subrogation rights (as to the RELEASEES only) of any insurance carrier arising
under any policy of insurance for benefits paid to RELEASOR, even though RELEASOR
may be contractually prohibited from doing so by said policies of insurance; and, should
the holder of any subrogation right proceed against any or all of said RELEASEES,
RELEASOR SPECIFICALLY UNDERTAKES AND AGREE TO INDEMNIFY, HOLD
HARMLESS AND DEFEND the said RELEASEES, from all such claims, demands, etc.,
including all losses, costs, expenses, judgments and attorney's fees incurred as a result
thereof;
(9). RELEASOR hereby agrees that, as a further consideration and
inducement, this Release shall apply to all unknown and unanticipated injuries and
damages resulting from said incident, as well as to those now disclosed;
(10). RELEASOR and RELEASEES agree that they will not libel each other,
by written or oral word, gesture, or any other means, nor will they make any false and
defamatory continents about each other, to any person or entity; and
CASE NO,: 11-CV-22358-Lenard/Goodman
(11). RELEASOR understands that the RELEASEES admit no liability of any
sort by reason of said incident and that said payment and settlement provided for herein
in compromise is made to terminate further controversy respecting all claims for damages
that RELEASOR has heretofore asserted or that RELEASOR might or could hereafter
assert because of the said incident.
SIGNED AND SEALED this day of , 2016.
(CAUTION: READ AND UNDERSTAND THIS
DOCUMENT FULLY BEFORE SIGNING)
JAMES EDWARD HOEFLING, JR.
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of
, 2016, by JAMES EDWARD HOEFLING, JR., who is personally
known to me or who has produced as identification and who
did/did not take an oath.
My Commission Expires: Signature of Notary Public
State of Florida
Type, Print or Stamp Name of
Notary Public