Settlement Agrement
JO()Y- ;j-f&'?
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT, IN AND
FOR DADE COUNTY, FLORIDA
CLAUDE TUNC and MARTINE
TUNC, individually, and as
Personal Representative of the
Estate of Stephanie Tunc,
deceased, and SANDRINE TUNC,
GENERAL JURISDICTION DIVISION
CASE NO.: 03-21813 CA 20
Plaintiffs,
vs.
CITY OF MIAMI BEACH,
AGREEMENT
Defendant.
/
This will acknowledge the agreement between the Plaintiffs, CLAUDE TUNC
arid MARTINE TUNC, individually, and as Personal Representative of the Estate of
Stephanie Tunc, deceased, and SANDRINE TUNC, by and through their undersigned
counsel and Defendant, CITY OF MIAMI BEACH, by and through its undersigned
counsel to settle the above referenced matter for a total of $1,500,000.00 presumptive
upon approval by the City Commission on February 4, 2004. Upon approval, a check in
the amount of $97,000.00 will be made payable to Sandrine Tunc and a check in the
amount $77,821.00 will be made payable to the Estate of Stephanie Tunc reflecting
monies already paid to the respective parties pursuant to prior agreement. The City
agrees to support and give its approval to a Claims Bill to be presented to the Florida
Legislature in amount of $1 ,300,000.00, all parties will bear their own costs.
McKENNA & OBRONT MURRAY H. DUBBIN, CITY ATTY.
Attorneys for Plaintiffs Attorneys for City of Miami Beach
2940 Wachovia Financial Center 1700 Convention Center Drive
200 South Biscayne Blvd. 4th Floor-Legal Department
Miami, Flo. 33131 Miami Beach, Florida 33139
Phone: 5 - 040 I Phone: (305) 673-7470
Fax:, 5 7 tt' t----:Fax:Q:05) 673-7~002
B . - BY: -.. ~
PAUL A. McKENNA, ESQ. ONALD .
ByFL1:tCL1- BY ~~~\rIT ATIY
C T O~NT, ESQ. I L. INSTEIN
FL BAR NO. 402494 FIRST ASST. CITY ATTY.
FL BAR NO. 377686
"
SETTLEMENT AGREEMENT AND
STIPULATION FOR CONSENT JUDGMENT
THIS AGREEMENT is entered into between CLAUDE TUNC and MARTINE TUNC,
individually, and as Personal Representative of the Estate of Stephanie Tunc, deceased and
SANDRlNE TUNC, and the CITY OF MIAMI BEACH, as follows:
WHEREAS, Plaintiffs, CLAUDE TUNC and MARTINE TUNC, individually, and as
Personal Representative of the Estate of Stephanie Tunc, deceased and SANDRINE TUNC,
(hereafter collectively "Plaintiffs") sued Defendant the CITY OF MIAMI BEACH (hereafter the
"Citi') in Circuit Court Case No. 03-20813 CA 20 (hereinafter "lawsuit"), now pending in the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida, arising out of an incident that
occurred on or about February 22, 2003, wherein SANDRINE TUNC, sustained severe injuries
and STEPHANIE TUNC was killed, and
..
"
"
WHEREAS, Plaintiffs have asserted in this litigation that the City was negligent in
regard to said incident; and
WHEREAS, the City has denied any liability for this incident and it is agreed that this
settlement does not represent an admission of fault by the City, but rather is the resolution of a
disputed claim; and
WHEREAS, Plaintiffs and the City acknowledge that this settlement does not purport to
fully compensate Plaintiffs for all their damages, but rather is a compromise settlement of the
claims they may have against the City; and
WHEREAS, the City is protected under the sovereign immunity laws of the State of
Florida for any liability it may have in the aforementioned lawsuit for any judgment in excess of
the sovereign immunity liability cap on damages; and
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
" .
"
Tunc v. City of Miami Beach
Settlement Agreement and Stipulation for Consent Judgment
WHEREAS, Plaintiffs, CLAUDE TUNC and MARTINE TUNC, individually, and as
Personal Representative of the Estate of Stephanie Tunc, deceased and SANDRINE TUNC,
requires significant medical and psychological care and treatment for the remainder of her life as
a result of the injuries she received in the incident of February 22, 2003 and whereas Stephanie
Tunc was killed; and
WHEREAS, Plaintiffs and the City acknowledge that the potential jury verdict in this
case could be in excess of the settlernent amount and that it is reasonable for the City to fix its
maximum exposure for the claims in this matter; and
WHEREAS, the City desires to limit its exposure to a judgment that may be rendered
against it and in favor of Plaintiffs in excess of the amount referenced herein; and
WHEREAS, Plaintiff~ desire to limit their exposure to a judgment that may be rendered
,
\
against them and in favor of the City; and
WHEREAS, the parties hereto acknowledge that it is in the best interest of Plaintiffs and
the City to settle the dispute between them so that Plaintiffs receive some compensation for
Stephanie Tunc's death and Sandrine Tunc's injuries and past and future medical care expenses,
while at the same time minimizing the City's monetary exposure; and
WHEREAS, the City agrees to pay and Plaintiffs agree to accept a total of $1,500.000,00
as a compromise settlernent of any and all ciaims against the City in the lawsuit and/or arising
out of the incident that occurred on February 22, 2003; and
WHEREAS, as City agrees to submit to a Consent Judgment for One Million Five
Hundred Thousand Dollars ($1,500.000.00), of which the City shall pay Plaintiffs its sovereign
immunity cap in the amount of Two Hundred Thousand Dollars ($200,000.00) less monies
already paid to Plaintiffs within ten (10) business days of the execution of this Settlement
Page 2 of9
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
'. ,
Tunc v, City of Miami Beach
Settlement Agreement and Stipulation for Consent Judgment
I,
Agreement and Stipulation for Consent Judgment. After the City has paid its sovereign
immunity cap of $200,000,00 to Plaintiffs, the only indebtedness that shall remain collectible
against the City under the Consent Judgment entered in the lawsuit is One Million Three
Hundred Thousand Dollars ($1,300,000,00); and
WHEREAS, the payment of the remainder of the Consent Judgment, One Million Three
Hundred Thousand Dollars ($1,300,000.00) is conditioned upon the passage of a claim bill by
the Legislature of the State of Florida in the amount of One Million Three Hundred Thousand
Dollars ($l,300,000.00), 'or any other amount, in favor of Plaintiffs; and
WHEREAS, Plaintiffs wish to apply to the Legislature of the State of Florida for the
passage of a claims bill allowing and/or directing the City to pay to Plaintiffs the remainder of
the Consent Judgment in the amount of One Million Three Hundred Thousand Dollars
($1,300,000.00) (hereinafter referred to as "Plaintiffs' claim bill") in compromise settlement of
any and all claims against the City arising out of or relating to this lawsuit; and
WHEREAS, Plaintiffs shall have the sole responsibility of drafting and filing Plaintiffs'
claims bill application and other appropriate documents as necessary for filing with the
Legislature of the State of Florida, and the City shall provide to Plaintiffs any and all pertinent
requested documents or information within its custody or control within a reasonable time; and
WHEREAS, the City agrees not to oppose Plaintiffs in their applications to the
Legislature of the State of Florida for the passage of Plaintiffs' claims bill allowing and/or
directing the City to pay the remainder amount of the Consent Judgment One Million Three
Hundred Thousand Dollars ($l,300,000.00) in compromise settlement of any and all claims
against the City arising our of or relating to the lawsuit and/or the incident on February 22, 2003;
\
and
Page 3 of9
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33139
; ,
Tunc v. City of Miami Beach
Settlement Agreement and Stipulation for Consent Judgment
WHEREAS, the City agrees to affirmatively cooperate with Plaintiffs in their application
to the Legislature of the State of Florida for the passage of Plaintiffs' claim bill allowing and/or
directing the City to p ay the rernainder amount 0 fthe Consent Judgment, One Million Three
Hundred Thousand Dollars ($1,300,000.00) in compromise settlement of any and all claims
against the City arising out of or relating to the lawsuit, and further agrees that such affirmative
cooperation shall include attendance by an appropriate representative of the City in the
legislative claims bill process, to the extent necessary, to advise the Legislature of the State of
Florida or its special master that the City believes the passage of Plaintiffs' claims bill is in its
best interest; and
WHEREAS, it is the intent of Plaintiffs and the City that should Plaintiffs' claims bill in
the amount of One Million Three Hundred Thousand Dollars ($1,300,000.00) in favor of
,
Plaintiffs and against the City not be enacted and signed into law in the 2004 legislative session, \.
Plaintiffs rnay re-apply to the Legislature of the State of Florida for passage of Plaintiffs' claims
bill each and every succeeding year until such time as the Legislature of the State of Florida
passes Plaintiffs' claim bill and it is signed into law by the Governor; and
WHEREAS, it is the intent of Plaintiffs and the City that the rejection of Plaintiffs' claim
bill by the Legislature of the State of Florida or the Governor's failure to sign any claims bill
passed by the Legislature of the State of Florida in favor of Plaintiffs is effective only in the
legislative session where such rejection or failure took place and does not preclude Plaintiffs
from re-applying to the Legislature of the State of Florida for passage of Plaintiffs' claims bill in
succeeding legislative sessions; and
WHEREAS, it is the intent of Plaintiffs and the City that there is no limitation as to the
number of times Plaintiffs may apply to the Legislature of the State of Florida for the passage of
Page 4 of9
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
., .'
"
Tunc y, City of Miami Beach
Settlement Agreement and Stipulation for Consent Judgment
Plaintiffs' claims bill in the event Plaintiffs' clairns bill is not passed by the Legislature of the
State of Florida and signed into law by the Governor in the 2004 legislative session, however, the
City shall not be required to actively cooperate with Plaintiffs in pursuit of Plaintiffs' claims bill
after five (5) years from the date of this Settlement Agreement,
NOW, THEREFORE, in consideration of One Dollar ($1.00) and the prornises and
covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. The City agrees to pay, to the extent permitted by the Legislature of the State of
Florida, and Plaintiffs agree to accept a total of One Million Five Hundred Thousand Dollars
($1,500,000.00) as a cornpromise settlement of any and all claims against the City arising out of
or relating to the lawsuit and/or the incident on February 22,2003.
2. The City stipulates and consents to the entry of a consent judgment in favor of
Plaintiffs and against it in the amount of One Million Five Hundred Thousand Dollars
($1,500,000.00) (hereinafter the "Consent Judgment" or the "Consent Final Judgment" or the
"Final Judgment").
3. The City agrees to pay the Estate of Stephanie Tunc, One Hundred Thousand
Dollars ($100,000.00) less Twenty Two Thousand One Hundred Seventy Nine Dollars already
paid for a total of Seventy Seven Thousand Eight Hundred Twenty One Dollars ($77,821.00)
within ten (10) business days of the execution of the Settlement Agreement and Stipulation for
Consent Judgment for which execution shall issue, and agrees to pay Plaintiff, SANDRINE
TUNC, One Hundred Thousand Dollars ($100,000.00) less Three Thousand Dollars ($3,000.00)
already paid for a total of Ninety Seven Thousand Dollars ($97,000.00) for which let execution
Page 5 of9
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE - MtAMI BEACH, FLORIDA 33139
. ~;. .. .
Tunc v. City of Miami Beach
Settlement Agreement and Stipulation for Consent Judgment
issue. The remaining indebtedness under the Consent Judgment is conditioned upon passage of
Plaintiffs' claims bill by the Legislature of the State of Florida,
4, Plaintiffs acknowledge and agree that after the City has paid its $200,000.00
sovereign immunity cap to Plaintiffs, the only remaining indebtedness under the Consent
Judgment is the amount of One Million Three Hundred Thousand Dollars ($l,300,000.00),
payment of which is conditioned upon passage of a claims bill by the Legislature of the State of
Florida in the amount of One Million Three Thousand Dollars ($1,300,000.00), or any other
amount, in favor of PI am' tiffs,
5, The parties to this settlement agreement agree to take such action and to execute
and deliver all such documents, instruments, or writings as are necessary to effectuate and fully
perform all conditions to requirements of this settlernent agreement.
6. Plaintiffs shall have the sole responsibility of drafting and filing Plaintiffs' claims
bill application and other appropriate documents as necessary for filing with the Legislature of
the State of Florida, The City shall provide to Plaintiffs any and all pertinent requested
documents or information within its custody or control within a reasonable time.
7. The City agrees to affirmatively cooperate with Plaintiffs in their application to
the Legislature of the State of Florida for the passage of Plaintiffs' claims bill allowing and/or
directing the City to pay the remaining amount of the Consent Judgment, One Million Three
Hundred Thousand Dollars ($1,300,000.00), in compromise settlement of any and all clairns
against the City arising out of or relating to the lawsuit, and further agrees that such affirmative
. cooperation shall include attendance by an appropriate representative of the City in the
legislative claims bill process, to the extent necessary, and encouragement to the Legislature of
Page 6 of9
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
..... .,...
Tunc v. City of Miami Beach
Settlement Agreement and Stipulation for Consent Judgment
the State of Florida or its special master that the City believes the passage of Plaintiffs claims bill
is in its best interest.
8. Plaintiffs acknowledge and agree that the City has no control over the Legislature
of the State of Florida and that if the Legislature, for whatever reason, alters, rnodifies or
otherwise changes the obligations of the City including, but not limited to, modifying the amount
of Plaintiffs' claims bill, Plaintiffs shall accept such amount as full and fmal settlement of their
claims against the City arising our of the lawsuit and/or the incident that occurred on February
22,2003. Nothing herein shall be construed to be a waiver of Plaintiffs' right to administratively
challenge or appeal any determination made by the Legislature of the State of Florida.
9. Plaintiffs and the City acknowledge and agree that this settlement does not
purport to fully compensate Plaintiffs for all their damages, but rather is a compromise
"
\
settlement of the claims they rnay have against the City.
10. The City shall pay to Plaintiffs the amount of any claims bill passed by the
Legislature of the State of Florida in favor of Plaintiffs in compromise settlement of any and all
claims against the City arising our of the lawsuit within twenty (20) days of such claims bill
becoming law and Plaintiffs shall give the City a satisfaction of the complete indebtedness under
the Consent Judgment within twenty (20) business days after receipt of said proceeds, such
satisfaction, a complete satisfaction of the Consent Judgment and any indebtedness of the City to
Plaintiffs, shall state an amount equal to the amount designated in any claims bill signed into law
in favor of Plaintiffs arising out of or relating to the lawsuit.
11. The Final Judgment shall be subject to the covenants and terms of this Settlement
Agreement and Stipulation for Consent Judgment.
Page 7 of9
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
.' . to"
N" FAX: 0235098000
DE : Tt.NC-ClAUDE
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p, uu
nme v, City a/Miami lItath
Be/dell/enl Ifg...,,.,., and StfpldallOllfa, Cd''''.' J.I18'"'"'
Bl(FOIU: ME. the undcr.igllcd "Ilhorlty, peTCOIl.tly .ppesred SAND1UNR 'fUNC, ss City
M,"aget oCthe City ofMlallli IlcllCh. who .flet beillj <1\11)' swonl, WllO is pmona\1y knoWlllo
mc. dcp~ nnd ItAtcS thll ho .igncd this Agrcel1lC/lt 011 hIs own froe will.
'fu~w.._ day 0
~~..,~',\ " J. ,ou.li;"', M" l!onollMULLER
':... "". N\'J\j!Ie .otOCl6' FOl\GES-lES-EAUX
b '. co!lIliI ~"'e II vtrllablO Ia .;;naMe
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;; ! . FORGESolES-l!..uX
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fv{anll:Cf of the CiIY of Miami Bca<: . .1iflor bei Ilg duly swom, wbo i. peraon
1110, IIcpoSCII and sbltllli tltat he sie.nod tb;s Agreement on his own fete will.
Notlll'Yl'llbU,;-----
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D1~FOn.E MI'. tho IIl1donla. ~ 1:,sonal1Y 'PI'
M.".ger of tho City or Miaml 13'0& a!Ull- boinlllll\ly .'Worn, who Is 1'"",on.lly kilo
llU:O, dO[>O... and .tates 1h.'I\ !Ie sllllllld this Aucomcnl on hi, own !tee will,
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.' day ofhbrnary. Z004,
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, ~ 1'- J. ,ou,.lgnl, M' eenoh MULLER
~'. No~1re assoc.lil . FORGESLESoEAUX
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STATDOFFLOlU1>A
CouNTY 01' }d1AMl-PAOIi
BltFOlt'E ME, lbe owleraigncd authority. pCT1Onolly appeared JORGE M. GONZAU:
Clly M~ll.gcr orthe City OfMill11l1 ncac;h, wbo after bolug duly .wom. who i. p...onaUy 1<n
to 1II0, deposes and ltal.. that he J&igncd 1his Agreement on his OWl\ froc will.
SWORN 'ro AND SVBSCRIBIt'O berore me this _ day olFcb\uary, 2004.
My COI1\mi..ion Expires:
NOu,ry I'ubllc
Page 9 of9
O,FICIl O,,.HI CITY ^TTOPrNGY .1700 QONV1iNftON CEf'...:Te" onlYE' MIAMlleACM, nO~IDA 13139