2016-33 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
For valuable consideration, receipt and sufficiency of which is hereby acknowledged,and
in order to resolve and settle finally,fully and completely all matters or disputes that now exist or
may exist between them, the parties hereby enter into this Settlement Agreement and Mutual
General Release(the "Agreement"or"Release")and hereby agree as follows:
1. Definitions
(a) Parties: The parties to this Settlement Agreement and General Release
(the "Release") are MICHELLE SPANKIE, (the "Plaintiff'); CITY OF CLERMONT, its
past, present, and future elected officials, employees, agents, attorneys, representatives, all
individually and in their official capacities (collectively, the "Defendant"), and Florida
Municipal Insurance Trust(hereinafter"FMIT").
(b) The Dispute: The "Dispute" is defined as the lawsuit styled Michelle
Spankie v. City of Clermont, Case Number 2013-CA-2852, filed with the Circuit Court of the
Fifth Judicial Circuit in Lake County, Florida and all charges dual filed with any other
governmental agency as well as all potential legal claims which may arise therefrom.
Release and Discharge by Plaintiff: In exchange for and in consideration of the
obligations and rights set forth herein, the Plaintiff releases, acquits and forever discharges the
Defendant and FMIT and all other persons, firms or corporations with whom the Defendant
and Trust have been, are now or may hereafter be affiliated, of and from any and all claims,
causes of action, suits, debts, dues, sums of money, damages, judgments, and demands
whatsoever, in law or in equity, which Plaintiff ever had, now has or hereinafter can, shall or
may have against Defendant and FMIT, including without limitation any and all claims that
were or could have been brought in the Dispute as defined in paragraph 1(b), by reason of any
matter, cause or thing, from the beginning of the world to the date of Plaintiff's execution of this
Release. This Release includes, but is not limited to, claims arising under the Fair Labor
Standards Act of 1938, as amended; Equal Pay Act of 1963; Title VII of the Civil Rights Act of
1964,as amended;Florida Civil Rights Act of 1992;the Family and Medical Leave Act of 1993;
the Americans with Disabilities Act (ADA); The Age Discrimination in Employment Act
(ADEA); claims for unpaid wages, employment discrimination and retaliation, or other
employment-related claims whether arising out of tort; contract; or other theory of recovery, and
whether for relief of equitable,compensatory,or punitive damages;which the Plaintiff now has,
or which may hereafter accrue or otherwise be acquired on account of or in any way growing out
of,or which are the subject of this Settlement Agreement and General Release.
Release and Discharge by Defendant: In exchange for and in consideration of the
obligations and rights set forth herein,the Defendant releases,acquits and forever discharges the
Plaintiff and her heirs, successors, attorneys and assigns, and all other persons, firms or
corporations with whom the Plaintiff has been, is now or may hereafter be affiliated,of and from
any and all claims, causes of action, suits,debts, dues, sums of money, damages,judgments,and
demands whatsoever,in law or in equity,which Defendant ever had,now has or hereinafter can,
shall or may have against Plaintiff, or her heirs, successors, attorneys and assigns, including
without limitation any and all claims of all kinds whatsoever that were or could have been
brought in the Dispute as defined in paragraph 1(b), by reason of any matter, cause or thing,
from the beginning of the world to the date of this Agreement, whether arising out of tort;
contract; or other theory of recovery, and whether for relief of equitable, compensatory, or
punitive damages; which the Defendant now has, or which may hereafter accrue or otherwise be
acquired on account of or in any way growing out of, or which are the subject of this Settlement
Agreement and General Release. Though more brief than the release by Plaintiff to Defendant
above,this release of Plaintiff by Defendant is intended to be no less broad.
However, for avoidance of doubt, each party retains the right to enforce this Agreement
and the foregoing releases shall not be deemed to release any rights under or to enforce this
Agreement. This Release shall be a fully binding and complete settlement among the Plaintiff
and Defendant,save only the executory provisions of the General Release.
2. Dismissal With Prejudice: After the execution of this Agreement, the receipt by
Plaintiff of the settlement proceeds and terms referenced in paragraph four below, Plaintiff
agrees to promptly file a Notice of Voluntary Dismissal with Prejudice of the Complaint
referenced in paragraph 1(b)above. By executing this Release, Plaintiff authorizes her attorney
to file a Joint Motion and Notice of Dismissal with Prejudice in the Litigation, as well as to
withdraw any pending administrative Charges without requiring any further authorization.
3. Settlement Amount and Terms:
a. Defendant or FMIT agree to pay the total sum of Twenty-Seven
Thousand Two Hundred and Fifty Dollars ($27,250.00) in full satisfaction
of all claims which Plaintiff asserted or could assert against Defendant.
Plaintiff acknowledges that she is liable for any and all taxes which may
be due on the settlement proceeds paid to her. With respect to any
applicable statutory fee provision, the parties agree that this settlement
amount is inclusive of fees and costs and that neither party shall be
considered a prevailing party for the purpose of awarding fees and costs
associated with this Dispute. The Settlement proceeds shall be remitted
(mail or deliver) by Defendant to Carlos Burruezo, within seven (7) days
following the expiration of the seven-day revocation period described in
paragraph 5 below.
b. The settlement proceeds shall be disbursed as follows:
i. Check payable to Burruezo & Burruezo, PLLC in the amount of
Twenty-Seven Thousand Two Hundred and Fifty Dollars
($27,250.00) Payment of these proceeds shall be reported on an
IRS Form 1099.
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c. The parties agree that no other monies are due to the Plaintiff in
connection with this Agreement,the Dispute,or claims asserted therein.
d. Neither the Defendant nor FMIT make any representation or offer any
advice regarding the applicability or incidence of any tax or tax liability
that may be incurred as a result of this settlement. Plaintiff acknowledges
that she is liable for any and all of her taxes which may result from the
payment of settlement proceeds and will indemnify and hold Defendant
and the FMIT harmless of any taxes due from her as a result of such
payments.
4. Older Workers Benefit Protection Act of 1990("OWBPA")Waiver: Plaintiff
acknowledges that she is specifically waiving rights and claims under the ADEA. Plaintiff
acknowledges that she has 21 calendar days to consider the terms and conditions of this
Settlement Agreement and General Release,to consult with counsel of her choice, and to decide
whether to sign and enter into this Settlement Agreement and General Release; and further
acknowledges that, if she signs this Settlement Agreement and General Release sooner than the
21 days permitted,she has done so voluntarily.
Plaintiff shall have seven (7) calendar days after the execution of this Agreement and
Release to revoke her acceptance of it. Any such revocation must be received in writing,by the
close of business on the seventh day following the execution of this Settlement Agreement and
General Release, by Defendant's attorney, Douglas T. Noah, Dean, Ringers, Morgan & Lawton,
P.A., P.O. Box 2928, Orlando, Florida 32802. The Plaintiff and Defendant acknowledge and
agree that this Settlement Agreement and General Release is neither effective nor enforceable
and neither party is obligated to perform the promises contained herein in the event that the
Settlement Agreement and General Release is revoked or until the seven (7) day revocation
period has expired without Employee having exercised her revocation right.
5. Non-Admission Clause: By entering into this Release,Defendant does not admit
any liability whatsoever to the Plaintiff or to any other person arising out of any claims asserted,
or that could have been asserted in the Litigation, and expressly denies any and all such liability.
Defendant enters into this Settlement Agreement and Release in cooperation with its insurance
carrier, in the interest of its residents and to avoid further legal expenses and costs, disruption to
its operations,and to otherwise avoid the vexations of litigation.
6. Voluntary Restraint on Further Comment: The parties shall voluntarily refrain
from further comment regarding the contemplated claims or the facts and circumstances giving
rise to the contemplated claims. The parties may respond to inquiries concerning the status of
the claims and defenses asserted in this dispute, discussions made in furtherance of settlement,
or the terms of the agreement between the parties by stating,"The parties amicably resolved their
dispute and do not believe further comment is warranted or appropriate."
Nothing herein shall prohibit Plaintiff from discussing this matter with persons to whom
she is married or related to by lineal consanguinity. Furthermore, nothing herein shall prohibit
Plaintiff from disclosing the nature of the claims and defenses asserted in this litigation,
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discussions made in furtherance of settlement, the reasons for the settlement, or the terms of the
Release to the extent necessary and reasonable to any attorney, accountant or other professional
advisor who she has retained for the purpose of performing professional services on her behalf.
Further, this Agreement may be released in response to Public Records Act requests
made upon the City of Clermont.
7. Future Employment: Plaintiff shall not apply for employment or seek
independent contractor status with City of Clermont in the future. If Plaintiff files an
application for employment or seeks independent contractor status with City of Clermont, the
Defendant, at its option, may consider or disregard the application or bid without incurring any
future liability as a result of doing so.This provision shall be interpreted such that the Defendant
shall not incur liability in the form of monetary damages for wage loss,future wage loss,or other
compensation for a future decision to disregard Plaintiff's application for employment. This
provision shall not be interpreted to prevent the Plaintiff from cooperating with the EEOC or
other governmental agency from performing future investigations of Charges of Discrimination.
8. Savings Clause: Should a court or other competent authority render invalid any
provision of this Release, the parties agree that this shall not in any manner affect the
enforceability of the other provisions of the Release.
9. Voluntariness: Plaintiff hereby affirms and acknowledges that she has read the
foregoing Release, consulted with his attorney regarding its terms, that she fully understands the
meaning of the terms of the Release, and that the Release is a voluntary, full and final
compromise, release and settlement of all claims, demands, injuries, damages, actions or causes
of action,known or unknown,occurring prior to execution of the Release.
10. Neutral Interpretation: Any controversy over the construction of this Release
shall be decided neutrally and without regard to events of authorship or negotiation.
11. Final Settlement: This Release constitutes the complete understanding of the
parties hereto and supersedes any and all prior agreements, promises, representations, or
inducements, whether oral or written, concerning its subject matter. No promises or agreements
made subsequent to the execution of this Release by the parties shall be binding unless reduced
to writing and signed by authorized representative of the parties.
12. Counterparts: This Release may be executed in multiple counterparts, fax,
copies, each of which shall constitute an original, and all of which shall constitute one single
Release.
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This Release was entered into on this iltkday of Mak.( , 2016, and executed by
the Plaintiff on the date set forth below. `
/ /
Art A �A1
MIC E ESP',...77'..-E
Dated: it — gar rn
. -
STATE OF FLORIDA
COUNTY OF C.
The foregoing instrument was acknowledged before me this /0 day of
MGL-t.1 , 2016, by MICHELLE SPANKIE,who is personally known to me or who
has produced L.,j ‘ ,1 as identification.
,--S2Aka;LA-- k LkAAA
'"r NE TEAFAUI Notary Public, State of Florida
,•, : MY COMMISSION a FF203127 Printed Name: .i ved4 c i Al"
=sl . EXPIRES:February 24.2019 Mycommission expires: ,-ay—/y
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CITY :s�,1 ERMONT
By: t Crei G4 C,3 M ch ar
Dated:
STATE OF FLORIDA
COUNTY OF L-cdiLc
The foregoing instrument was acknowledged before a this / day of
2016, by ,who i ersona>I knowniiiThq or who
has prod ced as identification.
RACY AC 0 OYD hNotary Publ'c, State o Lori /
dMISSION#FF228839 ,Printed Name: "Tr t). 2.
( -C K( Cit
S September 8,2019
°r •NerryPurhe underwriters My commission expires: - I
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