2011-27805 Reso RESOLUTION NO. 2011-27805
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND
APPROPRIATING THE FIRST AMENDMENT TO THE POLICE
CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR
2011/2012 IN THE AMOUNT OF $41,000.00, FOR THE
APPROPRIATION AND EXPENDITURE, WHICH SHALL BE FUNDED
FROM THE PROCEEDS OF STATE CONFISCATED FUNDS.
WHEREAS, Section 932.7055 of the Florida Statutes, sets forth and establishes the
purpose and procedures that must be utilized for the appropriation and expenditure of the Police
Confiscation Trust Fund; and
WHEREAS, the City of Miami Beach and Mercedes-Benz Financial Services, USA, LLC,
referencing the loan account of Cenor Clauvens, Account No. 1024596629, desire to resolve
and settle all pending disputes, claims and counterclaims between them, including without
limitation, all claims and counterclaims that were or could have been asserted in this forfeiture
proceeding captioned as In Re: Forfeiture of 2008 Mercedes CL550, VIN No.
WDDEJ71X38A015577 (the "Vehicle"), or any other civil case, past, present, or future, without
any party admitting liability, as set forth herein; and
WHEREAS, the Parties believe it would be in their best interests, and the interests of the
citizens and residents of Miami Beach to agree to the provisions of the settlement of this matter,
which would allow the City of Miami Beach to recoup approximately $35,000.00 in equity from
the sale of the Vehicle; and
WHEREAS, the Settlement Agreement, attached as Exhibit "A," sets forth the mutual
agreements, undertakings and representation by the City of Miami Beach, and Mercedes-Benz
Financial Services, USA, LLC, which agrees to accept $41,000.00 as full compensation for the
Vehicle as the bona fide lien holder; and
WHEREAS, the Chief of Police of the City of Miami Beach has determined that the need
for appropriation and expenditures exist, and that such appropriation and expenditure is not
being used to meet normal operating expenses of the Miami Beach Police Department; and
WHEREAS, this appropriation and expenditure of forfeiture funds is in compliance with
the requirements of Section 932.7055 of the Florida Statutes, and the Guide to Equitable
Sharing of Federally Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, funds in the amount of $41,000.00 are available in the Police Confiscation
Trust Fund.
CURRENT INCREASE AMENDED
BUDGET BUDGET
STATE- $416,800 $ 41,000 $ 457,800
FEDERAL- 530,000 530,000
TOTAL- $946,800 $ 41,000 $ 987,800
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission for the City of Miami Beach hereby adopt and appropriate the first amendment to
the Police Confiscation Trust Fund budget for fiscal year 2011/2012 in the amount of
$41,000.00, for the appropriation and expenditure, which shall be funded from the proceeds of
State confiscated funds.
PASSED and ADOPTED this / ')1 day of December, 2011.
ATTEST:
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p4a,u.A: C MA i MA ERA BOWER
ROBERT PARCHER, CITY CL K
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida adopting and
appropriating funds the first amendment to the Police Confiscation Trust Fund Budget for Fiscal Year
2011/12 in the amount of$41,000 for the appropriation and expenditure which shall be funded from the
proceeds of State Confiscated funds..
Key Intended Outcome Supported:
Increase Resident and Business ratings of Public Safety.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
Public Policy Residential and Business Satisfaction Survey of City of Miami Beach residents in 2009,
indicated that their three top most important areas of for the City of Miami Beach to address in an effort to
improve public safety throughout the City is Preventing Crime 44.9%, Enforcing Traffic Laws 36.1% and
Increasing Visibility of Police in Neighborhoods 32 4%,
Issue:
Shall the Mayor and City Commission adopt and appropriate funds for the Fiscal Year 2011/12 Police
Confiscation Trust Fund Budget?
Item Summary/Recommendation:
The Miami Beach Police Department(MBPD)in conjunction with the United States Secret Service(USSS),
seized a 2008 Mercedes Benz CL550 under case number 2011-91260 for fraudulent activity. The
defendant was criminally charged for various felony offenses by the Miami-Dade State Attorney's Office.
The criminal case has been criminally resolved by a plea agreement acceptable to the City of Miami Beach
and the State Attorney's Office. The plea agreement stipulated the defendant must surrender any right,
title or interest in the above described vehicle to the City of Miami Beach. As mandated by the Florida
Contraband Forfeiture Act, the City of Miami Beach is legally required to notify the bona fide lienholder
Mercedes Benz Financial Services, USA, LLC of the seizure by the MBPD and the subsequent forfeiture
proceedings pursuant to the Florida Contraband Forfeiture Act. Mercedes Benz Financial Services by and
through its counsel, and the City of Miami Beach Attorney's Office, reached a settlement agreement that is
in the best interest of all parties. This agreement will include the City of Miami Beach purchasing the
vehicle for$41,000. The vehicle has a resale value of approximately$76,000. Once this agreement has
been fully executed, arrangements will be made to sell the vehicle which has a potential revenue from the
sale of$35,000
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 Confiscation Funds:
2 $41,000 607-8000-351210 State funds-Confiscation
3
4
OBPI Total $41,000
Financial Impact Summary:
NA
City Clerk's Office Legislative Tracking:
Mauvett Rattigan, Miami Beach Police Department
Sign-Offs:
Department Director Assistant City Manager City Manager
•
Ra\r, _dlvt ttr Chief
•
�9l
MIAMI BEACH DA IT C ? s
' SATE IZ4(1'1I
�' MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www miamibeachfl.gov
MEMO # COMMISSION MEMORANDUM
TO Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE. December 14, 2011
SUBJECT. A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APOPTING AND APPROPRIATING THE
FIRST AMENDMENT TO THE POLICE CONFISCATION TRUST FUND
BUDGET FOR FISCAL YEAR 2011/2012 IN THE AMOUNT OF $41,000.00,
FOR THE APPROPRIATION AND EXPENDITURE, WHICH SHALL BE
FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The Miami Beach Police Department (MBPD) in conjunction with the United States Secret
Service (USSS), seized a 2008 Mercedes Benz CL550 under case number 2011-91260 for
fraudulent activity. The defendant was criminally charged for various felony offenses by the
Miami-Dade State Attorney's Office. The criminal case has been criminally resolved by a plea
agreement acceptable to the City of Miami Beach and the State Attorney's Office. The plea
agreement stipulated the defendant must surrender any right, title or interest in the above
described vehicle to the City of Miami Beach. As mandated by the Florida Contraband Forfeiture
Act, the City of Miami Beach is legally required to notify the bona fide lienholder Mercedes Benz
Financial Services, USA, LLC of the seizure by the MBPD and the subsequent forfeiture
proceedings pursuant to the Florida Contraband Forfeiture Act. Mercedes Benz Financial
Services by and through its counsel, and the City of Miami Beach Attorney's Office, reached a
settlement agreement that is in the best interest of all parties This agreement will include the City
of Miami Beach purchasing the vehicle for $41,000. The vehicle has a resale value of
approximately $76,000. Once this agreement has been fully executed, arrangements will be
made to sell the vehicle which has a potential revenue from the sale of$35,000.
JMG/RAM��G
EXHIBIT "B"
CERTIFICATION
I, Raymond Martinez, Assistant Chief of Police, City of Miami Beach, do hereby certify
that the aforementioned proposed request for expenditures from the City of Miami Beach Police
Confiscation Trust Fund, for the 2011/2012 fiscal year providing funds for expenditures,
complies with the provisions of Section 932.7055(4)(a), Florida Statutes, and the Guide to
Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies.
Raymond Martinez, Assistant Chief of Police
Miami Beach Police Department
Date
SETTLEMENT AGREEMENT
Mercedes-Benz Financial Services, USA, LLC, on behalf of its Corporate Officers
and in their Corporate capacities, and the City of Miami Beach, for themselves and all
persons or entities claiming by or through them, and their directors, officers, principles,
agents, successors in interest, and located at 1700 Convention Center Drive, Fourth
Floor, Miami Beach, Florida 33139 (collectively "Miami Beach"), hereby enter into this
Settlement Agreement (the "Settlement Agreement'), dated
2011,t o settle as follows:
RECITALS
WHEREAS, Miami Beach and Mercedes-Benz Financial Services, USA, LLC
referencing the loan account of Cenor Clauvens, Account No. 1024596629, desire to
resolve and settle all pending disputes, claims and counterclaims between them,
including without limitation, all claims and counterclaims that were or could have been
asserted in this forfeiture proceeding, or any other civil case, past, present, or future,
without any party admitting liability, as set forth herein; and
WHEREAS, the Parties believe it would be in their best interests, and the
interests of the citizens and residents of Miami Beach to agree to the provisions of this
Settlement Agreement; and
WHEREAS, in consideration of the mutual agreements, undertakings and
representation contained in this Settlement Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, Mercedes-Benz Financial Services, USA, LLC and Miami Beach are in
agreement.
NOW, THEREFORE, in consideration of the mutual agreements, undertakings
and representations contained in this Settlement Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
the Parties, Mercedes-Benz Financial Services, USA, LLC and Miami Beach agree as
follows:
A. The foregoing recitals are true, accurate and correct and are incorporated herein by
this reference.
1. The property that is the subject of this Agreement is a 2008 Mercedes CL550,
VIN#WDDEJ71X38A015577, TX Tag No D18VD (the"Vehicle").
2. Mercedes-Benz Financial Services, USA, LLC, for purposes of the Stipulation
of Settlement and Agreement, certifies that it has an equitable, possessory
and proprietary interest in the 2008 Mercedes CL550, VIN #
WDDEJ71X38A015577, TX Tag No D18VD, loan account holder Cenor
Clauvens, with Account No. 1024596629, and has standing to challenge this
forfeiture as the lien holder of the Vehicle.
Page 1 of 6
EXHIBIT
/rl Agenda Item C 7S
3 T-1-evrr#C7S Date 62-/4-if
Settlement Agreement
Mercedes-Benz Financial Services, USA, LLC and City of Miami Beach
MBPD Case No.: 2011-91260
3. Mercedes-Benz Financial Services, USA, LLC certifies that it is freely and
voluntarily entering into this Agreement with the benefit of its counsel John S.
Schoene, Esquire of John S. Schoene, P.A.
4. Mercedes-Benz Financial Services, USA, LLC agrees to release any and all
equitable, possessory and proprietary interest in the Vehicle to the City of
Miami Beach, and shall not assert any defense(s) to the forfeiture proceeding
that may be initiated by the City of Miami Beach. The Vehicle shall be
disposed of in accordance with the Florida Contraband Forfeiture Act, and as
authorized by the City of Miami Beach Commission.
5. This Agreement shall be binding and inure to the benefit of the parties and
their respective legal representatives, successors and assigns.
6. By entering into this Agreement, Mercedes-Benz Financial Services, USA,
LLC in no way admits any alleged conduct, statements, facts, or
interpretations or such conduct, statements or facts associated with the
investigation and/or arrest of Mr. Clauvens Cenor, Jr., seizure of the Vehicle,
or any allegations by the MIAMI BEACH POLICE DEPARTMENT's agents
upon which the MIAMI BEACH POLICE DEPARTMENT bases its seizure
and right to forfeiture of the Vehicle.
7. Each party agrees to this settlement and waives the Court's approval
pursuant to Section 932.704(7), Florida Statutes, and the parties are to bear
their own attorney's fees and costs.
B. Upon the full execution of this Settlement Agreement, Mercedes-Benz Financial
Services, USA, LLC, shall receive the sum of Forty-One Thousand and 00/100 Dollars
($41,000.00) and other good and valuable consideration which is hereby acknowledged,
do agree to a full and final settlement of all claims, as may be alleged in the Notice of
Seizure, or that which could have been alleged in the forfeiture proceedings initiated
pursuant to the Florida Contraband Forfeiture Act.
C. The Parties shall agree to Dismissal with Prejudice regarding all claims for damages
based on the allegations set forth in the Notice of Seizure, if any, and all claims that
were or could have been brought pursuant to the Florida Contraband Forfeiture Act, and
the City of Miami Beach shall receive a release as to all claims that were or could have
been brought on behalf of Mercedes-Benz Financial Services, USA, LLC or the City of
Miami Beach or any of their officers, directors, principals or agents in their corporate or
in their individual capacities relative to the seized referenced 2008 Mercedes CL550,
VIN No. WDDEJ71X38A015577, TX Tag No D18VD (the "Vehicle") under Miami Beach
Police Case Number 2011-00091260.
D. The Parties shall bear their own attorney's fees and costs surrounding the forfeiture
and seizure, except as to those attorney's fees and costs already awarded therein, if
any, and this Settlement Agreement may authorize.
Page 2 of 6
Settlement Agreement
Mercedes-Benz Financial Services, USA, LLC and City of Miami Beach
MBPD Case No.: 2011-91260
E. This Settlement Agreement shall be construed, enforced and interpreted in
accordance with the laws of the State of Florida. In the event that an ambiguity or
question of intent or interpretation arises, this Settlement Agreement shall be construed
as if crafted jointly by each of the Parties hereto and no presumptions or burdens of
proof shall arise favoring any party by virtue of the authorship of any of the provisions of
the Settlement Agreement. The Parties jointly conclude that should this Settlement
Agreement be challenged by any of the Parties, that venue for bringing such challenges
shall take place in the County of Miami-Dade, Florida.
F. Actions taken by any of the Parties hereto pursuant to or in furtherance of the
provisions hereof shall not be admissible in any legal proceeding in the event the
transactions contemplated hereunder are not performed or consummated, except as
necessary to enforce the terms of this Settlement Agreement.
G. The Parties agree they will take any and all actions consistent with the intent and
purpose of this Settlement Agreement and requirements of applicable law, and execute,
acknowledge, subscribe and deliver any and all further documents and instruments as
may be reasonably necessary to effectuate the purposes of this Settlement Agreement.
H. The Parties understand and agree that no party admits liability of any sort by reason
of the above incidents, acts, casualties, events, representations, omissions, conduct, or
interpretation. The Parties also understand and agree that this Settlement Agreement
constitutes the good faith compromise of the forfeiture, and is made in good faith to
terminate any further controversy respecting all claims for damages, causes of action, or
potential liability which could have been ascertained by reasonable diligence which
either Party to this Settlement Agreement may have asserted now, or may assert in the
future because of any damages, incidents, acts, casualties, or events, described or
alluded to in this Settlement Agreement.
I. The Parties acknowledge that this Settlement Agreement constitutes the entire
agreement. They further acknowledge that they have read it and understand it; that the
terms and conditions of this Settlement Agreement were arrived at in arm's-length
negotiations between the Parties with all Parties provided the opportunity to seek the
advice of legal counsel; that each Party's legal counsel did or could have reviewed this
Settlement Agreement; and that each Party has given due and full consideration to the
legal position of the other in regard to the provisions contained herein.
J. This Settlement Agreement shall be deemed drafted by all Parties and there shall be
no presumption against any party relating to the drafting of the Settlement Agreement
and the language used herein.
K. Any notices required or permitted to be given under this Settlement Agreement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
recognized overnight courier (such as Federal Express) or mailed by certified or
registered mail, return receipt requested, in a postage prepaid envelope, and addressed
as follows:
Page 3 of 6
Settlement Agreement
Mercedes-Benz Financial Services, USA, LLC and City of Miami Beach
MBPD Case No.: 2011-91260
If to the City at: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With a copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
If to Mercedes-Benz John S. Schoene, Esquire
Financial Services, USA, John S. Schoene, P.A.
LLC, at: 100 East Sybelia Avenue
Suite 205
Maitland, Florida 32751
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery, and notices mailed in accordance with the foregoing shall be deemed
given upon receipt by the Parties.
L. The Parties signing this Settlement Agreement represent and warrant that they have
full and complete legal and binding authority to enter into this Settlement Agreement.
The Parties warrant and represent that they have not sold, assigned, transferred,
conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes
of action referred to in this Settlement Agreement.
M. This Settlement Agreement is binding on the Parties hereto and the Parties agree to
execute any and all documents necessary and consistent with applicable law, to ratify,
confirm, and perform the terms and provisions of this Settlement Agreement. The terms
of this Settlement Agreement shall be binding on and inure to the benefit of the Parties,
their legal representatives, members, constituents, successors, assigns, subsidiaries
and affiliates, and shall supersede all prior discussions, negotiations and agreements
among the Parties, concerning settlement. No modification, waiver, amendment,
discharge, or change of this Settlement Agreement shall be valid unless the same is in
writing and signed by the Party against which the enforcement of such modification,
waiver, amendment, discharge, or change is sought.
N. This Settlement Agreement may be signed in counterparts, and the signature
counterparts of the Parties or their authorized representative shall be treated the same
as if this Settlement Agreement had been signed by all Parties or their authorized
representatives. A facsimile signature shall be deemed the equivalent of an original
signature of a Party or its authorized representative.
0. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of
God, inability to obtain labor or materials or reasonable substitutes therefore, riot, civil
commotion, fire or other casualty, and other causes beyond the reasonable control of the
Party obligated to perform, excluding the financial inability of such Party to perform, shall
excuse the performance by such Party for a period of time equal to any such period of
Page 4 of 6
Settlement Agreement
Mercedes-Benz Financial Services, USA, LLC and City of Miami Beach
MBPD Case No.: 2011-91260
prevention, delay or stoppage. Any Party seeking to invoke this paragraph shall provide
written notice to the other Party as soon as reasonably practicable under the
circumstances.
P. In the event any provision,term or condition of this Settlement Agreement, on behalf
of either Party, thereto shall be inapplicable, invalid, illegal or unenforceable in any
respect, the remainder of this Settlement Agreement and application of such provisions,
terms or conditions shall not be affected thereby, and shall be enforced to the fullest
extent permitted by law.
Q. It is hereby acknowledged by the Parties that nothing contained in this Settlement
Agreement was intended to serve as a waiver of sovereign immunity, as set forth and
codified in Section 768.28 of the Florida Statutes, by the City of Miami Beach to which
sovereign immunity is applicable in the recovery of damages in tort for money damages
against the state or its agencies or subdivision or injury or loss of property, personal
injury, or death caused by the negligent or wrongful act or omission of any employee of
the agency or subdivision while acting within the scope of the employee's office or
employment.
R. The Parties expressly acknowledge that it is not their intent to create or confer any
rights or obligations in or upon any third person or entity under this Settlement
Agreement. None of the Parties intend to directly or substantially benefit a third party by
this Settlement Agreement. The Parties agree that there are no third party beneficiaries
to this Settlement Agreement and that no third party shall be entitled to assert a claim
against any of the Parties based upon this Settlement Agreement. Nothing herein shall
be construed as consent by an agency or political subdivision of the State of Florida to
be sued by third Parties in any manner arising out of this Settlement Agreement, or other
obligations, whether known or unknown to the Parties.
WHEREFORE, the Parties approve the above terms and enter into this
settlement of this Dispute between them as provided above as of the date first entered
above.
Dated: OG-bb22r 24, 20
W.NESSES: Mercedes-Benz Financial Services, USA, LLC
111) L
`, '' r� Kim Nguyen, Loss ecovery Team Specialist for
�/� Mercedes-Benz Financial Services, USA, LLC
STATE OF 7-4 i c )
)SS:
COUNTY OF -1'\t )
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in
this State and County to take acknowledgments, personally appeared
Page 5 of 6
Settlement Agreement
Mercedes-Benz Financial Services, USA, LLC and City of Miami Beach
MBPD Case No.: 2011-91260
K-10/\ 6(,Q eh'1 , authorized Person for Mercedes-Benz Financial
Services, USA, LLC, personally known to me or have produced identification, named in
the foregoing Settlement Agreement, and that she acknowledges executing the same
freely and voluntarily.
WITNESS my hand and official seal in the County and State last aforementioned
this day of .0(' k 2-4' ,2011.
My Commission Ex•ires:, Z , I ftt l (i a K
F.YPV
Notary Public, State of TC ?.-1/
0... .‹, Rita Barger
_( d My Commission Expires
$.% `• 12/13/2011
94''0F4' CITY OF MIAMI BEACH,
A : ,,,, .".."...."..". a Florida municipal corporation
By:
Robert Parcher, City Clerk Jorge M. Gonzalez, City Manager
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in
this State and County to take acknowledgments, personally appeared Jorge M.
Gonzalez,as City Manager, City of Miami Beach, personally known to me, named in the
foregoing Settlement Agreement, and that he acknowledged executing the same freely
and voluntarily on behalf of the City.
WITNESS my hand and official seal in the County and State last aforementioned
this day of ,2011.
My Commission Expires:
Notary Public, State of Florida
Page 6 of 6
GENERAL RELEASE AND WAIVER
KNOW ALL MEN BY THESE PRESENTS:
That for value received and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Mercedes-Benz Financial
Services, USA, LLC, on behalf of the Corporation and its Corporate Officers, do hereby,
for themselves, and their respective heirs, executors, administrators, personal
representatives, insurers, reinsurers, agents, successors and assigns, and any person
or entity claiming by, through, or for, or succeeding to the right of any of the foregoing
(hereinafter referred to collectively as "Releasors"), release, remise, acquit, satisfy,
waive and forever discharge the City of Miami Beach, its heirs, executors,
administrators, personal representatives, insurers, reinsurers, agents, successors and
assigns, and any person or entity acting for, by or through any of the foregoing
(hereinafter referred to collectively as "Releasees") of and from any and all manner of
actions, causes of action, suits, debts, costs, attorney's fees, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, controversies, loss of services,
obligations, liabilities, agreements, promises, variances, disputes, trespasses, damages,
repairs, injuries, losses, liens, judgments, executions, complaints, claims, counterclaims,
cross-claims and all demands whatsoever, in law or in equity, whether known or
unknown,direct or indirect, which Releasors ever had, now have or which may hereafter
accrue for, upon or by reason of any matter, cause or thing whatsoever from the
beginning of the world to the day of the date of this General Release and Waiver,
including but not limited to all claims, demands, damages, liens, counterclaims, cross-
claims, actions and causes of action on account of, in connection with or in any way
arising out of, or relating to, or which were or could have been asserted regarding the
dispute as set forth in the recitals of the Settlement Agreement.
Releasors agree that they will forever refrain and forbear from any action or other
proceeding of any kind whatsoever, by way of action, defense, set-off, cross-complaint,
counterclaim, third party action or otherwise, against Releasees, or any of them, based
on, relating to, arising out of, or in connection with any of the Claims released and
discharged hereunder.
Releasors hereby waive, to the fullest extent permitted by law, the benefits of any
statute, law, rule, regulation or common law which may limit the scope of the covenants
and releases contained herein.
Page 1 of 4
and Waiver to forever release, remise
Releasors intend by this General Release a
acquit, waive, satisfy and forever discharge Releasees of and from any and all Claims
and rights described above, it being understood that all of the Claims or rights which the
Releasors or any persons who claim by, through or under the Releasors, or any of them,
may have against the Releasees shall be forever released, remised, acquitted, waived,
satisfied and forever discharged, and Releasors shall be forever barred from bringing or
asserting the same in their own name or names, jointly, or with, or through any other
person, natural, corporate or otherwise.
Releasors acknowledge that it is their intention that, upon execution hereof, this
General Release and Waiver shall be effective as a full accord and satisfaction and
settlement of, and as a bar to, each and every one of the Claims released hereunder,
whether known or unknown.
Releasors represent and warrant that no claim which they have or might have
had against Releasees has been assigned or transferred to any other person or entity,
and agrees to indemnify Releasees and hold Releasees harmless from any and all
liability or expense resulting from the assignment or transfer of any such claims.
Releasors acknowledge and agree that this General Release and Waiver is given
for the compromise of doubtful and disputed claims, and shall not be construed as an
admission against interest or admission of liability on the part of the Releasors as to any
claim, counterclaim, demand, controversy, dispute, defense, action, cause of action, or
thing mentioned herein and compromised and settled hereby surrounding the dispute,
and that Releasors deny liability therefor and intend merely to avoid the costs of
litigation.
Releasors confirm that they are competent and acknowledge that the terms of
this General Release and Waiver are contractual and not a mere recital. Furthermore,
the Releasors acknowledge that the Releasors have not been influenced in any manner
in making this General Release and Waiver by any representations or statements made
by or on behalf of the Releasees, that the Releasors have received the advice of counsel
in connection with the effect of the execution and delivery of this General Release and
Waiver, that the Releasors have carefully read and fully understand the contents of this
General Release and Waiver, and that the Releasors have duly authorized the execution
of this General Release and Waiver freely and voluntarily, intending and agreeing to be
fully bound by the terms hereof.
Page 2 of 4
This General Release and Waiver shall remain in full force and effect and survive
any future dealings among the Releasors and Releasees, unless this General Release
and Waiver shall hereafter be modified by an instrument in writing and signed by the
Releasors and by duly authorized representative(s) of the Releasees.
IN WITNESS WHEREOF, the Releasors and the Releasees have caused this
General Release and Waiver to be executed in their names and its seal to be affixed, by
its proper and duly authorized representative,this 24 day of Othbe( , 2011.
RELEASORS:
SSES:
Mercedes-Benz Financial Services, USA, LLC
a /' X‘ki,..)4c-e,-,fr,
,. _ Y Kim Nguyen, Loss Recovery Team Specialist for
Mercedes-Benz Financial Serv., USA, LLC
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in
this State and County to take acknowledgments, personally appeared Kim Nguyen, Loss
Recovery Team Specialist for Mercedes-Benz Financial Services, USA, LLC,
.1 fn O G I T X11 , personally known to me or has produced identification,
named in the foregoing General Release and Waiver, and that she acknowledges
executing the same freely and voluntarily.
WITNESS my hand and official seal in the County and State last aforementioned
this c9 4 day of Cbt r ,2011.
My Commission Expires: 101/3I 1,
4,98 ° CdO, V
o:' % Rita Barger ��.
?` y My Commission Expires Notary Public, State of lorida
1 v 12/13/2011
Page 3 of 4
RELEASEES:
CITY OF MIAMI BEACH,
a Florida municipal corporation
ATTEST:
By:
Jorge M. Gonzalez, City Manager
Robert Parcher, City Clerk
Dated:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this date, before me, an officer duly authorized in
this State and County to take acknowledgments, personally appeared Jorge M.
Gonzalez,as City Manager, City of Miami Beach, personally known to me, named in the
foregoing General Release and Waiver, and that he acknowledged executing the same
freely and voluntarily on behalf of the City.
WITNESS my hand and official seal in the County and State last aforementioned
this day of ,2011.
My Commission Expires:
Notary Public, State of Florida
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION:
City Attorney
Page 4 of 4