R25-114 RESOLUTION NO. R25-114
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE CONDITIONAL SETTLEMENT AND
5 RELEASE OF CLAIM IN THE MATTER OF JOSHUA BERNSTEIN V. CITY
6 OF BOYNTON BEACH, TOTALING $150,000; AND FOR ALL OTHER
7 PURPOSES.
s
9 WHEREAS, the Code of Ordinances of the City of Boynton Beach, Florida, provides that
10 the authority for settlement of all claims in excess of $50,000 shall require approval of the City
11 Commission by formal resolution; and
12 WHEREAS, Joshua Bernstein ("Plaintiff") brought a claim stemming from an alleged
13 incident that occurred on or about December 13, 2020; and
14 WHEREAS, a Settlement and Release of Claim was reached with the Plaintiff for $150,000
15 in exchange for a general release of all claims, which resolves all claims for damages, as well as
16 attorney's fees and costs; and
17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
18 best interests of the city's citizens and residents to approve the Conditional Settlement and
19 Release of Claim in the matter of Joshua Bernstein v. City of Boynton Beach, totaling $150,000.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
21 BEACH, FLORIDA, THAT:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption.
24 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
25 approve the Conditional Settlement and Release of Claim in the matter of Joshua Bernstein v. City
26 of Boynton Beach, totaling $150,000, in form and substance similar to that attached as Exhibit A.
27 SECTION 3. This Resolution shall take effect in accordance with the law.
2$
29 PASSED AND ADOPTED this (I' day of lifrt3 2025.
30 CITY OF BOYNTON BEACH, FLORIDA
31 Y.E . NO
32 Mayor— Rebecca Shelton
33
34 Vice Mayor—Woodrow L. Hay
35
36 Commissioner—Angela Cruz `.----
37
38 Commissioner—Thomas Turkin `i" fr
39 ✓
40 Commissioner—Aimee Kelley
41
42 VOTE to
43 ATT •
44 '
45 o 1
i
46 Mayle= D: -sus, MPA MC Ren
47 City Clerk Mayor
48 -=,0`I WON `‘‘I
49 �%O v...QowgTF•e�i►,� APPROVED AS TO FORM:
50 (Corporate Seal) f SAI '� ,es
51
\0co , $1920
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53 �IShawna G. Lamb
54 %"i FLOR_v ' City Attorney
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
KNOW tIs1EN BY THESE PRESENTS:
That JOSHUA BERNSTEIN hereinafter referred to as "first party", for and in
consideration of the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS AND
NO/CENTS (5150,000.00) or other valuable consideration, received from or on behalf of the
CITY OF BOYNTON BEACH, TRISTAR RISK MANAGEMENT, FLORIDA LEAGUE
OF CITIES, and FLORIDA MUNICIPAL INSURANCE TRUST, hereinafter referred to as
"second parties", the receipt whereof is hereby acknowledged.
HEREBY irrevocably remises, releases, acquits, satisfies, and forever discharges the said
second parties, their agents, servants, employees, and insurers, of and from all, and all manner of
action and actions, cause or causes of action,suits,attorneys' fees and costs, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, judgments,
executions, claims and demands whatsoever, in law or in equity, which said first party ever had,
now has,or which any personal representative,successor,heir or assign of said first party,hereafter
can, shall or may have, against said second parties, for, upon or b reason of any matter, cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about
December 13 2020, at, on, or near 3000 High Ridge Road, Boynton Beach, Palm Beach
County, Florida, and to any cause of action raised in, or that could have been raised in, or arising
out of the filing and prosecution of the litigation described as Joshua Bernstein v. City of Boynton
Beach, Case No. 50-2023-CA-0125 1 9-XXXX-MB.
IMP I represent that all medical bills, hospital bills, disability and wage losses, including any
subrogation rights or liens for the payment of same by any third party, including any Medicare,
, Medicaid, hospital, or workers' compensation liens, as well as any claim for reimbursement or
subrogation, which arose out of the subject incident sued upon in the aforementioned litigation
have been paid in full or will be settled with the proceeds of this settlement. I SPECIFICALLY
UNDERTAKE AND AGREE TO INDEMNIFY the second parties for any claims, demands,
subrogation rights or liens that may be asserted against the second parties for the above mentioned
' expenses or losses of the first party.
It is understood and agreed to by the parties that this settlement is a compromise of a
doubtful and disputed claim and the payment is not to be construed as an admission of liability on
0. the part of the second parties, by whom liability is expressly denied.
I have carefully read the Release of Claim and understand its terms, operation, and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20 da
of MALC*1 , 2025.
Release of Claim
and Indemnification Agreement
Page 2
ilk Signed, sealed and delivered in the presence of:
Irvkir 1
7 ------- .--->-... .- . ,
JOSHUA BERNSTEIN `—WITNESS
STATE OF c(,pR\plelip
)
)SS
COUNTY OF Z 9..0 0,7 A"(.., )
The foregoing instrument was acknowledged before me by means of " physical
presence or C] online notarization, this day of rr1N , 2025, by
Jo SNvA P,../.01414._ i)tzf,.t.,S, eivwho is personally known to me, or who has produced
l_., as identification.
0,4 .. ,` WALDEYIR PEREIRA SOARES JUNIOR '
- ' Notary Public,State of Florida
�d/1 =
-�
IrmoCOmmISCommission,:HH 335006 tary Pu�J State of Florida at Large
My comm.expires Nov.21,2026
Printed Name: Q ,w 1, _ �'�q,�,,�,�,,:.,�a-�
is (NOTARY SEAL)
rMy commission expires:
1 his Jnstrwncnt Prepared By.
CHRISTOPHER J. ST1 ARKS,ESQ. -
Johnson.Anselmo,Murdoch,
Burke, Piper& Hochman,P.A.
2455 East Sunrise Blvd ,Suite 1000
Fort Lauderdale, FL 33304 _
Telephone.(954)463-0100
Fla. Bar No. 557870