Board of County Commissioners

2
Gadsden County Board of County Commissioners
Agenda Request
Date of Meeting:
October 7, 2014
Date Submitted:
September 17, 2014
To:
Honorable Chairman and Members of the Board
From:
David Weiss, County Attorney
Robert Presnell, County Administrator
Subject:
Vickie Dillard d/b/a Escape Lounge v. Gadsden County Board of
County Commissioners/Release
Statement of Issue:
This item seeks approval of the settlement reached in the case of Vickie Dillard d/b/a
Escape Lounge v. Gadsden County Board of County Commissioners.
Background:
The Plaintiff in this lawsuit, Vickie Dillard d/b/a Escape Lounge, is the owner and sole
proprietor of the Escape Lounge. The Plaintiff sued the BOCC for damages based on
code enforcement action which resulted in the closure of the Escape Lounge.
The Plaintiff agreed to resolve its claims against the County and dismiss the lawsuit with
prejudice if compensated for its economic damages in the amount of $3,500.00.
Analysis:
The Complete Release and Indemnity Agreement is attached for review.
Fiscal Impact:
The County will be responsible for payment of $3,500.00 to the Plaintiff.
Options:
1. Approve the settlement and payment of $3,500.00 to the Plaintiff.
2. Do not approve the settlement and payment of $3,500.00 to the Plaintiff.
3. Board Discretion.
County Attorney’s and County Administrator’s Recommendation:
Option 1
Attachment(s):
1. Complete Release and Indemnity Agreement.
Page 2 of 7
COMPLETE RELEASE AND INDEMNITY AGREEMENT
WHEREAS, Vickie Dillard a/kla Vickie Deonta Dillard d/b/a Escape Lounge a/kla
X-Scape Lounge commenced a civil action against Gadsden County, Florida in the
County Court of the Second Judicial Circuit, in and for Gadsden County, Florida, which
was assigned case number 2014-0000056-SCA (the "Action"); and
WHEREAS, Vickie Dillard a/k/a Vickie Deonta Dillard d/b/a Escape Lounge a/kla
X-Scape Lounge and Gadsden County, Florida have each determined that their
respective interests would best be served by resolving any and all claims that they may
have against one another without any further proceedings.
NOW THEREFORE, for and in consideration of the sum of $3,500.00, the receipt
and sufficiency of which are hereby acknowledged , I, Vickie Dillard a/kla Vickie Deonta
Dillard d/b/a Escape Lounge a/kla X-Scape Lounge ("Escape Lounge"), individually and
I
as the sole owner, operator, and proprietor of Escape Lounge a/kla X-Scape Lounge,
which is
nova legal entity, and the sole owner and party with any interest in the property
located
at ~ Florida-Georgia Highway, Havana, FL 32333, bearing Parcel ID No.: 2-
t/.;;;r.
* l9w~
27-3N-2W-0000-00121-0300 (the "Property"), hereby:
1.
Release, acquit, discharge, indemnify, and hold harmless Gadsden
County, Florida, its past, present and future elected officials, commissioners, agents,
employees, appointees, legal representatives, and officers from any and all past,
present, or future claims, actions, causes of action, suits, liens, debts, damages,
injuries, and demands whatsoever, at law or in equity, arising out of or under any
common, federal, state, or local law, statute, ordinance, public policy, executive order,
or constitutional provision, or concerning any other claim of any type, whether asserted
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or unasserted in the Action, including but not limited to any claims for compensatory
damages, other economic and non-economic damages, liquidated damages, penalty
damages, attorneys' fees, and costs, which I may have now or in the future or which I
may have had prior to the date of this Release related to Escape Lounge and/or the
Property, including but not limited to any actions taken by Gadsden County, Florida with
respect to Escape Lounge and/or the Property.
2.
Agree to dismiss with prejudice the civil action currently pending in the
County Court of the Second Judicial Circuit, in and for Gadsden County, Florida, case
number 2014-0000056-SCA, styled Vickie Dillard d/b/a Escape Lounge v. Gadsden
County Board of County Commissioners.
3.
Acknowledge that this Release is in writing and in plain English, which I
understand; that I have the authority to act on behalf of and bind Escape Lounge; and
this Release is in exchange for valuable consideration.
4.
Acknowledge that I entered into this Release voluntarily with full
understanding of its terms and conditions; that I have been represented by competent
legal counsel of my choosing throughout the pendency of the lawsuit and the
negotiations leading to my entry into this Release; and, that I have been advised
regarding my rights under the various laws.
5.
Acknowledge that this Release is not an admission of wrongdoing or
liability by Gadsden County, Florida and that any and all such wrongdoing or liability is
expressly denied.
6.
Agree that the only consideration provided to me by Gadsden County,
Florida for entering into this Release is that stated herein; that no other promises or
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Page 4 of 7
inducements of any kind have been made to me by any person or entity to cause me to .
execute this Release; and, that I fully understand its meaning and intent, including but
not limited to its final and binding effect. I acknowledge that no oral representations
have been made to me by Gadsden County, Florida or its legal counsel regarding theterms of this Release.
7.
Agree that each party shall bear its own attorneys' fees and costs incurred
in connection with this matter including the preparation, review of, and entry into this
Release.
8.
Acknowledge that this Release extends and applies to, and also covers
and includes all unknown, unforeseen, unanticipated and unsuspected injuries,
damages, loss and liability, and the consequences thereof, as well as those now
disclosed and known to exist. The provisions of any state, federal, local or territorial law
or statute providing in substance that releases shall not extend to claims, demands,
injuries or damages which are unknown or suspected to exist at the time, to the person
executing such release, are hereby expressly waived.
9.
Acknowledge that this Release contains and constitutes the entire
Release, understanding, and stipulation of the parties with respect to the matters
contemplated herein and fully supersedes any and all prior agreements or
understandings between the parties pertaining to the subject matter hereof. The terms
of this Release are contractual, not a mere recital, and may be enforced. No change,
modification, or waiver of any provision of this Release shall be valid unless in writing
and signed by each of the parties.
10.
Warrant and represent that I am fully entitled to give this complete
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Page 5 of 7
Release and discharge; that there are no liens or claims of lien or assignment in law or
equity or otherwise of or against the claim or cause of action; and, that I am fully aware
of all facts and rights to my claims.
11.
Agree that this Release shall be construed in accordance with the laws of
the State of Florida, and venue for any dispute shall be Gadsden County, Florida.
12.
Acknowledge that the provisions of this Release are severable and if any
part of it is found to be void or unenforceable the remaining provisions shall remain fully
valid and enforceable.
13.
Agree that this Release shall be binding upon my heirs, executors,
administrators, successors, and assigns.
14.
Agree that no waiver of any breach of any provision or term of this
Release shall be deemed to constitute consent to any continuation of such breach, act,
or omission.
15.
Agree that this Release may be executed in one or more counterparts
each of which shall be deemed an original and all of which shall constitute one and the
same instrument.
THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THIS RELEASE,
VOLUNTARILY AND OF HIS OWN FREE WILL, AGREES TO ALL OF ITS
PROVISIONS.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
I?
day of
September, 2014.
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Page 6 of 7
~a~e:22?
Vickie Dillard
Deonta Dillard d/b/a
Escape Lounge a/kla X-Scape Lounge
STATE OF FLORIDA
COUNTY OF Lt~ h
The !Rfegoing instrument was acknowledged before me this l1__ day of
September~y Vickie Dillard a/k/a Vickie Deonta Dillard d/b/a Escape Lounge a/kla XScape Lounge, individually and as the sole owner, operator, and pro.J:!l-!ri~UJ.~~-pc.-.
Lounge a/k/a X-Scape Lounge, which is not a legal entity, who is e sonally known to
me or who has produced
as identification.
A
.-··".if.~:rift-. LAUREN ADAMS
[.~·~·· ::~ Commission# EE 878139
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Print, type or stamp name and expiration date
The form , terms, execution and delivery of the foregoing document are approved
this
/1 Jiiday of September, 2014.
D~~y~E~trt
Attorney for Vickie Dillard a/k/a Vickie Deonta Dillard d/b/a Escape Lounge a/k/a
X-Scape Lounge
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Page 7 of 7

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