General Release and Waiver - CMB 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,l The City of Miami
.Beach, does hereby, p for itself, and its 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 (hereinafter referred to collectively as "'Releasor ")., releases,
remises, acquits, satisfies, waives and forever discharges Nancy Bona, `Mary
Michel, Robert Swedroe, and Rita Swedroe, their 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,
costs, 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, director
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 release, 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 in, that certain cause
styled Bona et al v. City of Miami Beach, Case No. 07 -32876 CA 21, Circuit
Court, Miami -Dade County,. Florida, (hereinafter sometimes referred to
collectively as "the Claims").
Releasor agrees they will forever refrain and forbear from 'commencing,
instituting or prosecuting any lawsuit, 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.
Releasor, hereby waives, 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.
Releasor intends by this General Release and Waiver to forever release,
remise, 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 Releasor or'any person who .claims by, through or
under the Releasor, or any of them,. may have against the Releasees shall be
forever released, remised, acquitted, waived, satisfied and forever discharged,
and such persons 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.
Releasor acknowledges that it is its 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.
Releasor . represents and warrants that no claim which it has 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.
Releasor acknowledges and agrees that this release. 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 Releasees
as to any claim, counterclaim, demand, controversy, dispute, defense, action,
cause of action, or thing mentioned herein and compromised` - and settled hereby
surrounding the- Claims, and that Releasees deny liability therefor and intend
merely to avoid the costs of litigation.
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Releasor confirms that it is competent and acknowledges that the terms of
this General Release and, Waiver are contractual and not 'a mere recital.
Furthermore, the Releasor acknowledges that the Releasor has 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
Releasor has received the advice of counsel in .connection with the effect of the
execution and , delivery of this General Release and Waiver, that the Releasor
has carefully read and fully understands the contents of this General Release
and Waiver,, and that . the Releasor has duly authorized, the execution of this
General Release and Waiver freely and voluntarily, intending and agreeing to be
fully bound by the terms hereof:
This General Release and Waiver* shall remain in full force and effect and.
survive any future dealings among the Releasor and Releasees, unless this
General - Release and. Waiver shall hereafter be modified by an instrument in
writing and signed by the Releasor and by duly authorized representative(s) of
the Releasees.
IN WITNESS WHEREOF f1z ow ' L * 4as aas caused this General
Release and Waiver to be executed in its name and its seal . to be affixed, by its
proper and duly authorized representative, this day � , 2010.
Attest: Releasor -City of Miami Beach
- City Clerk
Ap raved -p to form
and Yang
age and for execution
City Attorney
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI -DADS )
HEREBY CERTIFY that on this date, before m e, , an officer duly
authorized in this State and County to take ..acknowledgments, personally.
appeared Matti Herrera Bower, as Mayor, City of Miami Beach, and Robert
Parcher, ,as City, Clerk, personally known to me, named in the foregoing General
Release and Waiver, and that she and 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 ,le/L' 2010.
(Signature)
(Print name)
My Commission Expires:
Notary Public
State of Florida
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FAatto \HELG \LITIGATION \Bona v CMB \Settlement \Releases \General Release and Waiver for City.doc
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