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HomeMy WebLinkAboutR-23-0537City of Miami Resolution R-23-0537 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14963 Final Action Date: 12/14/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANGEL ESTEVEZ, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $66,750.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED ANGEL ESTEVEZ VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 18-39657 CA 01, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, on April 27, 2016, Angel Estevez ("Estevez"), was involved in motor vehicle accident with a City of Miami ("City") Police Officer, at or near 2750 Northwest 7th Street, Miami, Florida, which resulted in alleged property damage and personal injuries to Estevez; and WHEREAS, Estevez and the City are engaged in litigation in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2018-39657 CA 01 concerning a claim of negligence; and WHEREAS, Estevez has made claims against the City for his personal injuries and property damage; and WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that said claims and lawsuit be settled for the total aggregate sum of $66,750.00, including the claims for attorneys' fees, with $66,750.00 to be paid to Estevez; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The Director of Finance is authorized' to pay Estevez, without admission of liability, the total sum of $66,750.00 in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City and its officers, agents, and employees in the case styled Angel Estevez vs. City of Miami, pending in the Circuit Court for 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 14963 (Revision:) Printed On: 7/18/2025 File ID: 14963 Enactment Number: R-23-0537 the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.: 2018-39657 CA 01, upon the execution of a general release of all claims and demands brought for negligence pending in state court and a dismissal of the City and its officers, agents, and employees with prejudice, with funds allocated from Account No. 50001.301001.545010.0000.00000. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: "ndez, City tor ey 12/5/2023 City of Miami Page 2 of 2 File ID: 14963 (Revision:) Printed on: 7/18/2025