714-Bernosky Webber Murray Shea GENERAL RELEASE
Recitals
The term "Plaintiffs", as used in this General Release,
shall mean ROBIN BERNOSKY, CLAUDIA WEBBER, TERRI MURRAY and SHARON
SHEAFER, as well as their heirs, executors, administrators,
personal representatives, successors and assigns.
The term "Defendants", as used in this General Release,
shall include the CITY OF SANFORD, The Sanford Police Department
and any of their present and former employees, officials,
commissioners, attorneys, council members, agents, representatives,
boards, commissions, agencies, councils, successors, assigns and
any person or entity in privity with him, in their individual or
official capacity, singular or plural, jointly or severely where
the context admits or requires.
The term "Fund", as used in this General Release, shall
include The Florida Municipal Insurance Trust, The Florida League
of Cities, inc., and their current and former agents, employees,
representatives, successors, assigns and any person or entity in
privity with them, jointly or severely, where the context so admits
or requires.
RELEASE
WHEREAS, Plaintiffs have made a claim against Defendants,
alleging that they were the subject of unlawful employment
practices based on sex and retaliation, in violation of Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e et.
seq.; and
W}tEREAS, Plaintiffs have filed a suit in the United
States District Court, Middle District of Florida, Orlando
Division, Case No.: 96-1077-CIV-ORL-18A, against the CITY OF
SANFORD and the Sanford Police Department; and
WHEREAS, Defendants have denied and continue to deny the
allegations of misconduct and of unlawful employment practices
which have been made by Plaintiffs and expressly deny any liability
for the claims which have been asserted by Plaintiffs; and
WHEREAS, a Notice of Death was filed in the above-
described lawsuit for the death of Plaintiff SHARON SHEAFER, which
occurred on April 7, 1997; and
WHEREAS, on July 24, 1997, an Order was entered granting
Plaintiffs' Motion for Substitution of Party, thereby substituting
Ricky D. Sheafer as Personal Representative of the Estate of SHARON
SHEAFER for any and all claims pled on behalf of Plaintiff SHARON
SHEAFER in the above-described lawsuit; and
WHEREAS, the Fund is a self-insured trust of which
Defendant CITY OF SANFORD is a member and, as such, would be
obligated to pay any claim made or judgment obtained against
Defendants covered by the Agreement in accordance with all terms
and conditions thereof; and
WHEREAS, Defendants and The Fund are desirous of entering
into this compromised settlement of doubtful and disputed claims in
order to avoid further vexatious litigation, attorneys' fees and
attendant costs; and
WHEREAS, Plaintiffs and Defendants are desirous of
entering into this settlement in order to provide for certain
payments in full settlement and discharge of all claims which are,
or might have been, made or which could arise in the future from
the subject matter of the allegations contained in Plaintiffs'
Complaint or which relate directly or indirectly to Plaintiff's
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employment with the CITY OF SANFORD, upon the terms and conditions
set forth below.
NOW, THEREFORE, KNOW ALL MEN BY THEBE PRESENTS that the
said and undersigned Plaintiffs, for and in consideration of the
payment of the following sums:
A. Terri Murray $ 7,500
B. Robin Bernosky 52,800
C. Claudia Webber 7,200
D. Sharon Sheafer 2,050
E. Eakin, Sneed & Catalan 30,450
(Attorneys' Fees & Costs)
to them in hand paid, the receipt and sufficiency of which is
hereby acknowledged, does hereby remise, release and forever
discharge Defendants and Fund of and from all manner of action and
actions, cause and causes of action, suits, debts, dues, sums of
money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which Plaintiffs ever had, now
have or hereinafter can, shall or may have against Defendants
and/or Fund by reason of any matter, cause of thing, from the
beginning of the world to the date of these presents, including,
but not limited to any claim related to Plaintiffs' employment with
the CITY OF SANFORD and the Sanford Police Department, including,
but not limited to, claims of retaliation, discrimination, breach
of employment contract, defamation, unlawful employment practices,
alleged violations of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.Co §2000e et. seq., and, specifically, waives,
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releases, acquits and forever discharges any such claims,
including, but not limited to, any claims, actions, rights of
whatever nature Plaintiffs may have under Title VII, or any other
state or federal statute, local ordinance or law relating to
employment and Plaintiffs further agree to execute such further
stipulations, releases, petitions or pleadings as may be necessary
to affect this provision.
Plaintiffs waive, release, acquit and forever discharge
Defendants and Fund from any claim they may have for compensatory
damages, injunctive relief, declaratory relief, punitive damages
interests, costs, attorneys' fees, wages, impairment of earning
capacity, physical, emotional or psychological injury, mental
anguish, pain and suffering, past and future medical or
psychological expenses and any other claims for damages, injunctive
relief, or equity which Plaintiffs may have under any federal,
state, local or common law.
Notwithstanding the above-referenced language, as to the
estate of Sharon Sheafer, this ~elease is not intended to, nor does
it release the defendant from liability for those claims raised in:
Ricky Sheafer, Individually and as Dersonal reDresentative of
Estate of Sharon Sheafer, Plaintiff, v. City of Sanford, et al,
Defendants, Case No.: 97-2502-CA-15E; removed to U. S. District
Court, Middle District of Florida, Case Number 97-1508-CV-ORL-18.
It is understood and agreed that the payments to
Plaintiffs, described above, constitute damages excludable from the
employees' income, under the applicable provisions of the Internal
Revenue Code and that no withholding will be made from the amount
paid to settle said claims, nor shall Defendants or Fund file any
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payroll tax reports for reporting of wages or compensation to any
state or federal taxing authority relating to this payment,
including, but not limited to, the filing of Internal Revenue
Service Forms 940, 941, 1099 and W-2. It is acknowledge that, in
the event any tax liability ensues, Plaintiffs shall assume sole
responsibility for said liability and such tax liability shall not
be a grounds for setting aside the settlement and/or this General
Release.
Plaintiffs acknowledge and agree that the Release and
discharge set forth herein is a general release of all claims.
Plaintiffs expressly waive and assume the risk of any and all
claims for damages which exist as of this date, of which Plaintiffs
do not know or suspect to exist, whether through ignorance,
oversight, error, negligence or otherwise, and which, if known,
would materially affect Plaintiffs' decision to enter into this
settlement and provide this General Release. Plaintiffs further
agree that they have accepted the payments of the sums specified
herein as a complete compromise of matters involving disputed
issues of law and fact. Plaintiffs assume the risk that the facts
or law may be other than the Plaintiffs believe. It is understood
and agreed by Plaintiffs that this is a compromise settlement of a
doubtful and disputed claim and the payments are not to be
construed as an admission of liability on the part of Defendants or
Fund by whom liability is expressly denied.
INDEMNITY
Plaintiffs further state that, at the time of the
execution of this General Release, there are no outstanding claims
by way of reimbursement or subrogation by insurance carriers,
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medical providers, psychologists, counsellors or other entities for
amounts paid on behalf of Plaintiffs by reason of the incidents
which are the subject matter of the above-described pending lawsuit
or, in the alternative, if there are outstanding claims, Plaintiffs
will satisfy those claims and will hold Defendants and Fund
harmless from such claims and will satisfy any such outstanding
claims which may be outstanding at the present time, including, but
not limited to, liens for the provision of medical and
psychological services or liens held by Medicaid or Medicare or any
other federal or state agency. This indemnity provision does not
apply to Terri Murray or Alexander Smith, the Trustee for the
Bankruptcy of Terri Murray.
DISMISSAL OF PENDING SUIT
Plaintiffs agree to immediately dismiss, with prejudice,
the above-referenced pending suit and by execution of this General
Release, authorize their attorney to proceed with the dismissal of
the pending suit, with prejudice.
ENTIRE AGREEMENT, ADVICE OF COUNSEL, ETC.
Plaintiffs further warrant that no promises or
inducement, not herein expressed, has been made, the payment of the
above-mentioned sums is the full compromise settlement and full
satisfaction of all the aforesaid actions, claims and demands
whatsoever; that this Release is given in good faith and discharges
Defendants and Fund from all liability for contribution to any
other alleged tortfeasor; that the undersigns are over twenty-one
years of age, legally competent to execute this General Release and
have read the contents of this General Release and have executed it
voluntarily and after seeking and obtaining the advice of counsel,
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did not sign this General Release under coercion or distress of any
kind whatsoever and sign this General Release with full knowledge
and appreciation of its meaning.
IN WITNESS WHEREOF, the undersigns hereby set forth their
hand and seal to this General Release.
WORN TO AND SUBSC IBED before me this ~day of I~/~ld~
Signat~ jtaryj a, State of Florida
Y e~mres N0.30, 2~1
Type identification produced ~ ~ ~
( SEAL )
Dated: ~/~
WI / ·
Personally known /" or Produced Identification
Type identification produced""""~ ~
( SEAL )
Dated: /~
SWORN TO AND SUBSCRIBED before me this/~H~ day of ~
, 1998.
ignat~e of Notary P~ic - State of Florida
Personally known / or Produced Identification
Type identification produced
Representative of the Estate
_~ of SHARON S}{EAFER
WITNESS
swoRN TO AND S~SCRI~.D before me this b ~day of
'j ~ ~ / State of Florida
S/ p 30 2001
~,~= ~j~u~A~A~Y~.~"3s~oned Name o~: Notary
Personally known ~'0r Produced Identification
Type identification produced "" ~//~
SEAL
WI SS , I ALE TT~
SWORN TO AND SUBSCRIBED before me this/~day of
Type identification produced
(ss~m)
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