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HomeMy WebLinkAboutItem 08 Approval of a Settlement Agreement and General Release of Claims Ocoee nor:oo AGENDA ITEM COVER SHEET Meeting Date: November 5, 2019 Item # 8 Reviewed By: 3. a0-641,0--• Contact Name: Deputy Chief S. Plasencia Department Director: Chief arles :rown Contact Number: X3023 City Manager: Rob Fran Subject: Settlement Agreement and General Release of Claims — Mr. Erick Budhram Background Summary: The City of Ocoee Police Department seized $27,498 from Mr. Erick Budhram on September 2, 2019, pursuant to a felony arrest. After the initiation of forfeiture proceedings, Mr. Budhram's attorney approached the City's Attorney requesting the consideration of a Settlement Agreement and General Release of Claims. Pursuant to discussions between the legal counsels, an agreement was reached in which Mr. Budhram retains $9,498 and surrenders $18,000 to the City. Mr. Budhram has executed a Settlement Agreement and General Release of Claims. Issue: Should the Honorable Mayor and Board of City Commissioners execute the Settlement Agreement and General Release of Claims, approving the return of $9,498 to Mr. Budhram and surrender of $18,000 to the City? Recommendations: It is staff's recommendation that the Honorable Mayor and Board of City Commissioners approve and execute the Settlement Agreement and General Release of Claims. Attachments: Settlement Agreement and General Release of Claims Financial Impact: There is no financial impact for the City. The surrendered funds would be placed in the Police Department's forfeiture account. Type of Item: (please mark with an"x") Public Hearing For Clerk's Dept Use: Ordinance First Reading )( Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda x Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by Q N/A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS PARTIES This Settlement Agreement (the "Agreement") is made and entered into on the last day set forth on the signature page hereto by the City of Ocoee, a municipal corporation established in accordance with the las of Florida (the "City") and Erick Christopher Budhram ("Budhram") for the purpose of resolving by compromise settlement, certain claims, liabilities, and disputes between the Parties. In the remainder of this Agreement, the City and Budhram shall be referred to collectively as the"Parties." RECITALS This Agreement is entered into with reference to the following facts: A. On September 2, 2019, the City of Ocoee Police Department seized from Budhram money in the amount of Twenty-Seven Thousand, Four Hundred an Ninety-Eight Dollars($27,498.00) (the"Property"); B. The City subsequently filed the lawsuit captioned In re: Forfeiture of$27,498 U.S. Currency, Case No. 2019-CA-011201 (Fla. 9th Cir.) (the"Lawsuit"); C. The chief law enforcement officer of the City of Ocoee has approved this settlement and has requested that the City Commission to approve this settlement agreement. D. The Parties deem it to be in their respective best interests to settle and compromise the Lawsuit and to enter into this Agreement; The Parties, without in any way conceding the validity or sufficiency of any claim or contention of any or all the Parties, now desire to fully compromise, finally settle and fully release all claims, disputes and differences between the Parties. AGREEMENTS,RELEASES AND PROMISES THEREFORE, in consideration of the facts and mutual general releases and promises contained herein, and for other good and valuable consideration, the receipt of which is acknowledged by each party hereto,the Parties promise and agree as follows: 1. Within ten (10) days of the execution of this Agreement, the City will return to Budhram the total sum of Nine Thousand Four Hundred Ninety-Eight Dollars ($9,478.00) of the Property. 2. The City shall retain the remaining Eighteen Thousand Dollars ($18,000.00) of the Property. Budhram agrees that this amount is forfeited to the City and the a matter_n umber»/adocumentnumber» City shall have all right, title and interest in and to those funds as of September 2, 2019. 3. Budhram agrees to waive the right to have this Agreement reviewed by the Court in the case captioned In re: Forfeiture of$27,498 U.S. Currency, Case No. 2019- CA-011201 (Fla. 9th Cir.). 4. This Agreement shall not affect, and shall not be construed as an admission of,the liability of any party, as to any other matters, lawsuits, or legal proceedings, whether civil or criminal, now existing, or which may hereafter be filed between the Parties. 5. This Agreement is entered into by the Parties for the purpose of compromising and settling matters in the dispute between and among them. This Agreement does not constitute, and shall not be construed as, an admission by any party of the truth or validity of any claims asserted or contentions advanced by any other party. 6. It is expressly understood by the Parties that each Party shall bear its own costs in connection with in the Lawsuit and this Agreement and the Parties waive and release any claims they otherwise have or may have had to such costs and attorneys' fees. 7. This Agreement is entered into in the State of Florida and the Agreement and any rights, remedies or obligations provided for in this Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 8. This Agreement shall be construed as if all Parties jointly prepared it, and any uncertainty or ambiguity in the Agreement shall not be interpreted against any one Party. 9. If any action is brought to enforce this Agreement, or is brought in connection with any dispute arising out of this Agreement or the claims which are the subject of this Agreement, the prevailing Party or Parties shall be entitled to recover damages, attorneys' fees and other costs incurred in such litigation which they may prove are the direct and proximate result of any breach hereof, in addition to any other relief to which that Party or Parties may be entitled by law. 10. The provisions of this Agreement are severable. If any portion, provision or part of this Agreement is held, determined or adjudicated to be invalid, unenforceable or void for any reason whatsoever, each such portion, provision or part shall be severed from the remaining portions, provisions or parts of this Agreement and shall not affect the validity or enforceability of any remaining portions,provisions or parts. 2 11. This Agreement shall not be altered, amended or modified by oral representation made before or after the execution of this Agreement. All modifications must be in writing and duly executed by all Parties. 12. The Parties acknowledge that this Agreement is executed voluntarily by each of them, without duress or undue influence on the part of, or on behalf of any of them. The Parties further acknowledge that they have or had the opportunity for representation in the negotiation for, and in the performance of, this Agreement by counsel of their choice and that they have read this Agreement, and have had it fully explained to them by their counsel and that they are fully aware of the contents of this Agreement and its legal effect. 13. This Agreement shall be binding on and shall inure to the benefit of the Parties and their heirs, executors, administrators, agents, representatives, successors and assignees. 14. This Agreement constitutes a single, integrated, written contract expressing the entire understanding and agreement between the Parties and the terms of the Agreement are contractual and not merely recitals. 15. This Agreement constitutes that there is no other agreement, written or oral, expressed or implied, between the Parties with respect to the subject matter of this Agreement and the Parties declare and represent that no promise, inducement or other agreement not expressly contained in this Agreement has been made conferring any benefit upon them. 16. The individuals whose signature are affixed to this Agreement in a representative capacity represent and warrant that they are authorized to execute the Agreement on behalf of and to bind the entity on whose behalf the signature is affixed. 17. This Agreement may be executed in counterpart facsimile signatures and/or electronically transmitted signature and all such counterparts shall constitute a single form of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed on the last day set forth below. CITY OF OCOEE, a Florida municipal corporation By: RUSTY JOHNSON Mayor 3 Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2019. SHUFFIELD LOWMAN& WILSON, P.A. By: City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON , 2019 UNDER AGENDA ITEM NO. . Dated: ia%0 Erick Christopher Budhram 4