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Case 13-CA-1113-K 06/21/2017RELEASE OF CLAIM AND INDEMNIFICATION A REEMENT KNOW ALL MEN BY THESE PRESENTS: That JOSE SANTIAGO, hereinafter referred to as "first party ", for and in consideration of the sum of FIFTY TWO THOUSAND FIVE HUNDRED DOLLARS AND NO /CENTS ($52,500) or other valuable consideration, received from or on behalf of MONROE COUNTY and the FLORIDA MUNICIPAL INSURANCE TRUST, their agents, and employees, hereinafter referred to as "second parties ", the receipt whereof is hereby acknowledged. HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said second parties, which includes the Florida Municipal Insurance Trust, their agents, servants, and employees, of and from all, and all manner of action and actions, cause or causes of action, suits, attorneys' fees and costs, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which said first party ever had, now has, or which any personal representative, successor, heir or assign of said first party, hereafter can, shall or may have, against said second parties, including the Florida Municipal Insurance Trust, for, upon or by reason of any matter, cause or thing whatsoever, arising out of that incident which occurred on October 13, 2009, at, in, or near Big Coppitt Fire Department Station 9, Emerald Drive, Key West, FL 33040, Monroe County, Florida, and to any cause of action raised in, or that could have been raised in, or arising out of the filing and prosecution of the litigation described as Jose Santiago v. Monroe County Case Number 13 -CA -1 113 -K. I represent that all medical bills, hospital bills, disability and wage losses, including any subrogation rights or liens for the payment of same by any third party, including any Medicare and Medicaid liens or rights for reimbursement, which arose out of the incident sued upon in the aforementioned litigation have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands, subrogation rights or liens that may be asserted against the second parties for the above mentioned expenses or losses of the first party. It is understood and agreed to by the parties that this settlement is a compromise ofa doubtful and disputed claim and the payment is not to be construed as an admission of liability on the part of the second party(ies), by whom liability is expressly denied. I have carefully read the Release of Claim and understand its terms, operation, and effect. IN WITNESS WHEREOF, I have hereunto set m hand and seal this Y � day of , 2017. Release of Claim and Indemnification Agreement Page 2 Signed, sealed and delivered in the presence of: JOSE SANTI STATE OF FLORIDA ) ) SS: COUNTY OF MONROE) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jose Santiago li*who is known to me or Q who has produced a valid driver's licence or identification card, and who did take an oath, executed the foregoing instrument and that he acknowledged before me that he executed same. !� WITNESS my hand and official seal in the County and State last aforesaid this 3 day of 1 , 2017. NOTARY PUBLIC, ST E OF 1 FLORIDA AT L R My Commission Expires: a Notary Public State of Florid Claudia Balmaceda b. My Commission FF 190786 Expires 01/25/2019 This Instrument Prepared By: CHRISTOPHER J. STEARNS, ESQ. Johnson, Anselmo, Murdoch. Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, Fl. 33304 Telephone: (954) 463 -0100 Fla. Bar No. 557870 MONROE COUNTY ATTORNEY APPROVED A TO FORM C RIS A BROSIO ASSIS ANT COUNTY ATTORNEY Date: / 7 IN THE CIRCUIT COURT OF THE 16"" JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA CASE NO.: 2013 -CA -1 113 -K JOSE SANTIAGO, Plaintiff, VS. MONROE COUNTY, FLORIDA, Defendant. STIPULATION FOR DISMISSAL WITH PREJUDICE IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the respective parties herein, that the claims of Plaintiff, JOSE SANTIAGO, against Defendant, MONROE COUNTY, have been amicably resolved, and shall be dismissed with prejudice, with the respective parties herein to bear their own costs and attorneys` fees. DATED this day of 2017. GARCIA LAW FIRM Attorneys for Plaintiff TRIAL ATTORNEYS 515 Whitehead Street Key West, FL 33040 M NATHALIA MELLIES Fla. Bar No. 087398 JOHNSON ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. Attorneys for(30UNTY 2455 East S6ise Blvd., Suite 1000 Fort Lauderdald. FL 33304 USTOPHER J. STEARNS Bar Ni 557870