R24-082 1 RESOLUTION NO. R24-082
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA,APPROVING THE MEMORADUM OF SETTLEMENT AND
5 RELEASES OF CLAIM TOTALING $200,000 IN THE MATTER OF DEVON
6 SCHULTE, STACI SCHULTE, AND DEVON SCHULTE, AS FATHER AND
7 NATURAL GUARDIAN OF T.S., A MINOR V. CITY OF BOYNTON BEACH,
8 FILED IN THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH
9 COUNTY, FLORIDA, CASE NO. 50-2023-CA-003474-XXXX-MB;
10 PROVIDING AN EFFECTIVE DATE;AND FOR ALL OTHER PURPOSES.
11
12 WHEREAS, The Code of Ordinances of the City of Boynton Beach, Florida, provides that
13 the authority for settlement of all claims in excess of $50,000 shall require approval of the City
14 Commission by formal resolution; and
15 WHEREAS, The Plaintiffs brought a claim for damages for an accident that occurred on
16 or about June 6, 2022, by way of a complaint in the Fifteenth Judicial Circuit in the matter of
17 Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor
18 v. City of Boynton Beach, filed in the Fifteenth Judicial Circuit, in and for Palm Beach County,
19 Florida, Case No. 50-2023-CA-003474-XXXX-MB (the "Action"); and
20 WHEREAS, Releases of Claim and Indemnification Agreements were reached with the
21 Plaintiffs for a total amount of $200,000 in exchange for general releases of all claims, including
22 all attorney's fees and costs; and
23 WHEREAS, the City's portion of settlement responsibility is $67,951.95, which reflects the
24 remaining amount of deductible for the claim, with the remainder to be paid by the City's
25 Insurance; and
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in
27 the best interests of the citizens and residents of the City of Boynton to approve the Release of
28 Claim and Indemnification Agreements totaling $200,000 in the matter of Devon Schulte, Staci
29 Schulte and Devon Schulte, as Father and Natural Guardian of T.S., a minor v City of Boynton
30 Beach.
31 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
32 BEACH, FLORIDA, THAT:
33 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof.
36 SECTION 2. The City Commission hereby approves the Memorandum of Settlement
37 and the Releases of Claim totaling $200,000, with the City paying $67,951.95, in the matter of
38 Devon Schulte, Staci Schulte, and Devon Schulte, as Father and Natural Guardian of T.S., a minor
39 v. City of Boynton Beach, attached as "Exhibits A-D."
40 SECTION 3. The fully executed Releases of Claim and Indemnification Agreements
41 shall be retained by the City Clerk as a public record of the City.
42 SECTION 4. This Resolution shall take effect as provided by law.
43 PASSED AND ADOPTED this 16th day of April 2024.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES NO
46
47 Mayor- Ty Penserga
48
49 Vice Mayor-Aimee Kelley
50
51 Commissioner - Angela Cruz
52
53 Commissioner- Woodrow L. Hay
54
55 Commissioner - Thomas Turkin Abmerti-
56
57 VOTE �1-p
58 A 59 LA‘11 /
60 Maylee Desus, MP MMC Ty •a
61 City Cle k , Ma
62
63 _ APPROVED AS TO FORM:
64 F OY O�
8 NT
�.�0•GpRPO•'•.. 1
65 (Corporate Seal) . •••' �r�, ►� Aald44
66 16.1 SEAT '.=i Shawna G. Lamb
:INCORPORATED; City Attorney
1920
'1,1 • • •.....••••
`‘‘. ORIDP=r"
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
Case No. 50-2023-CA-003474-XXXX-MB
DEVON SCHULTE, STACI SCHULTE
and DEVON SCHULTE, as father and
natural guardian of T.S., a minor,
Plaintiffs,
v.
CITY OF BOYNTON BEACH,
Defendant.
/
Memorandum of Settlement
1. On Tuesday, April 2, 2024, the parties agreed to settle this matter.
2. The undersigned have agreed to settle all claims upon the following
terms:
(a) On behalf of the City of Boynton Beach, the Florida Municipal
Insurance Trust will pay DEVON SCHULTE the sum of Twelve Thousand
and Five Hundred Dollars ($12,500.00);
(b) DEVON SCHULTE will execute the attached General Release
and Indemnification Agreement in favor of the City of Boynton Beach,
Tristar Risk Management, the Florida Municipal Insurance Trust, and the
Florida League of Cities;
(c) On behalf of the City of Boynton Beach, the Florida Municipal
Insurance Trust will pay DEVON SCHULTE, as father and natural
guardian of T.S., a minor, the sum of Twelve Thousand and Five
Hundred Dollars ($12,500.00);
(d) DEVON SCHULTE, as father and natural guardian of T.S., a
minor, will execute the attached General Release and Indemnification
Page 1 of 4
Agreement in favor of the City of Boynton Beach, Tristar Risk
Management, the Florida Municipal Insurance Trust, and the Florida
League of Cities;
(e) On behalf of the City of Boynton Beach, the Florida Municipal
Insurance Trust will pay STACI SCHULTE the sum of One Hundred and
Seventy Five Thousand and no/100 Dollars ($175,000.00);
(f) STACI SCHULTE will execute the attached General Release
and Indemnification Agreement in favor of the City of Boynton Beach,
Tristar Risk Management, the Florida Municipal Insurance Trust, and the
Florida League of Cities;
(g) Upon the exchange of the settlement proceeds for the wet-ink
original General Releases referenced above, the parties will file a
stipulation of dismissal with prejudice in accordance with Fla. R. Civ. P.
1.420(a)(1)(B); and
(h) The parties will obtain a final order of dismissal with prejudice
from the Court.
3. The parties agree and acknowledge that the foregoing terms of
settlement are contingent upon the approval of the City Commission of the City
of Boynton Beach.
Dated this 19th day of March 2024.
Patrick W. Lawlor, Esq. Christopher J. Stearns, Esq.
Attorney for Plaintiff Attorney for Boynton Beach
Page 2 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been served and filed through
the Florida Court E-Filing Portal this day of January 2024 to: Robert A.
Samartin, Esq., The Law Offices of Berman & Berman, P.A., 800 N. Belcher Rd.,
Clearwater, FL 33765, service{a,thebermanlawgroup.com and Lyman H.
Reynolds, Jr., Esq., Roberts, Reynolds, Bedard & Tuzzio, PLLC, 470 Columbia
Dr., Bldg. C101, West Palm Beach, FL 33409, service LHRArrbpa.com
/s/Christopher J. Stearns
CHRISTOPHER J. STEARNS
FLA. BAR NO. 557870
Attorney for Boynton Beach
JOHNSON, ANSELMO, MURDOCH,
BURKE, PIPER & HOCHMAN, P.A.
2455 E. Sunrise Blvd., Suite 1000
Fort Lauderdale, FL 33304
954-463-0100-Tel./954-463-2444-Fax
Primary Service email: stearns@jambg.com
Secondary Service emails: young )jambg.com & nunezajambg.com
Page 3 of 4
Page 4 of 4
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That STACI SCHULTE hereinafter referred to as "first party",for and in consideration of
the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS AND NO/CENTS
(x175,000.00) 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 by reason of any matter, cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6,
2022,at,on,or near West Gateway Boulevard,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 pevon Schulte, Staci Schulte and Devon Schulte, as
Father and Natural Guardian of T.S.. a minor v. City of Boynton Beach, Case No. 50-2023-CA-
003474-XXXX-MB.
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
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 `7 day
of A-p r( i ,2024.
IttiIunso of Claim
Hold Indumnitluntluu Agroomonl
I'ngo 2
Signed,scaled and delivered in the presence of:
ST C, S ' -1ULT� WITNESS
STATE OF r r o r;,,A )
)SS
COUNTY OF CA t M (3.+.44 )
The foregoing instrument was acknowledged before me by means of Iysical
presence or Q online notarization," this 4,1day of ,qpr�1/ , 2024, by
903 5`-cre! S art/I/-who is personally known to me, or who has produced
as identification.
Notary Public,State of Florida at Large
Printed Name: &R-c 'ems r-t, fel
��►� ?uere STEVENS MILORD
Commlesloa#HFI 133331
' ,F Expires September 9,2025
(NOTARY SEAL) /40,f‘,04‘ DondedTluuBudget Notary Woo
My commission expires:
This Instrument Prepared By:
CHRISTOPHER J.STEARNS,ESQ.
Johnson,Ansehno,Murdoch,
Burke,Piper&Hochman,P.A.
2455 East Sunrise Blvd„Suite 1000
Fort Lauderdale,FL 33304
Telephone:(954)463-0100
Fla,Bar No,557870
RELEASE OF CLAIM
ANI) INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That DEVON SCHULTE hereinafter referred to as "first party", for and in consideration
of the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS
($12,500.00) 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 by reason of any matter,cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about Juno 6,
2022,at,on,or near West Gateway Boulevard,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 Devon Schulte, Stool Schulte and Devon Schulte. as
Father and Natural Guardian of T.S, a minor v. City of Boynton Beach, Case No. 50-2023-CA-
003474-XXXX-MB.
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
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 day
of „ion 1 ,2024.
Itolenso of Claim
and Indemnification Agreement
Ingo 2
Signed,sealed and delivered in the presence of:
DEVO •r: ' - LTE 'ITNESS
STATE OF i(n rl cir )
)SS
COUNTY OF pit- 4,4.4 )
The foregoing instrument was acknowledged before me by means of 9'physical
presence or p online notarization, this �/7 day of Apr,'f , 2024, by
Devv✓1 c G (hie_ who is personally known to me, or who has produced
1-- /Jt~ as identification.
. .W(►v STEVENS MILORD
'P ���' Commission#NH 133331
• t:moi Notary Public, State of Florida at Large
4o, Expires September 0,2025g
14 rfsoa Bolded MueudrtNotary Swim
Printed Name: 07-74e,,-...,r—
(NOTARY
- ,,-...,r—
(NOTARY SEAL)
My commission expires:
This Instrument Prepared By:
CHRISTOPHER J.STEARNS,ESQ.
Johnson,Anschno,Murdoch,
Burke,Piper&Hochman,P.A.
2455 East Sunrise Blvd.,Suite 1000
Fort Lauderdale,FL 33304
Telephone:(954)463-0100
Fla.Bar No.557870
RELEASE OF CLAIM
ANI)INDEMNIFICATION AGREEMENT
KNOW ALL MIN BY '1'111?S1 PlU1SBN1'S:
That DEVON SCHULTE,as father and natural guardian of T.S.,a minor,hereinafter
referred to as"first party", for and in consideration of the sum of TWELVE THOUSAND FIVE
HUNDRED DOLLARS AND NO/CENTS ($12,500,00) or other valuable consideration,
received f om 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 by reason of any matter,cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6,
2022,at,on,or near West Gateway Boulevard,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 pevon Schulte.Slaci Schulte and Devon Schulte, as
Father and Natural Guardian of TS.. a minor v. City of Bovnron Beach, Case No. 50-2023-CA-
003474-XXXX-MB.
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
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 day
of Api`t ( ,2024.
!Wenn or Mho
and Induiunlllenllon Agreement
Pogo 2
Signed,scaled and delivered in the presence of:
DCVO 'C11ULTE,as lather and WITNESS
natural guardian of T.S.,n minor
STATE OF ft or✓fiS )
)SS
COUNTY OF firi, 1;e&, )
The foregoing instrument was acknowledged before me by means of physical
presence or 0 online notarization, this y day of 4pn 'I 2024, by
Dexion Sc)iri1 ' who is personally known to me, or who has produced
FL 0 L as identification.
Notary Public,State of Florida at Large
STEVENS MILORD
4441/41::1411..-4:141 Commission hi HH 133331 Printed Name: ...r.
eoetanwapaa:ne°a'yr 's�r2025
a�
?or a
(NOTARY SEAL)
My commission expires:
This Instrument Prepared By:
CHRISTOPHER J.STEARNS,ESQ.
Johnson,Anselmo,Murdoch,
Burke,Piper&Hochman,P.A.
2455 East Sunrise Blvd.,Suite 1000
Port Lauderdale,FL 33304
Telephone:(954)463-0100
Fla.Bar No.557870
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
Case No. 50-2023-CA-003474-XXXX-MB
DEVON SCHULTE, STACI SCHULTE
and DEVON SCHULTE, as father and
natural guardian of T.S., a minor,
Plaintiffs,
v.
CITY OF BOYNTON BEACH,
Defendant.
Memorandum of Settlement
1. On Tuesday, April 2, 2024, the parties agreed to settle this matter.
2. The undersigned have agreed to settle all claims upon the following
terms:
(a) On behalf of the City of Boynton Beach, the Florida Municipal
Insurance Trust will pay DEVON SCHULTE the sum of Twelve Thousand
and Five Hundred Dollars ($12,500.00);
(b) DEVON SCHULTE will execute the attached General Release
and Indemnification Agreement in favor of the City of Boynton Beach,
Tristar Risk Management, the Florida Municipal Insurance Trust, and the
Florida League of Cities;
(c) On behalf of the City of Boynton Beach, the Florida Municipal
Insurance Trust will pay DEVON SCHULTE, as father and natural
guardian of T.S., a minor, the sum of Twelve Thousand and Five
Hundred Dollars ($12,500.00);
(d) DEVON SCHULTE, as father and natural guardian of T.S., a
minor, will execute the attached General Release and Indemnification
Page 1 of 4
Agreement in favor of the City of Boynton Beach, Tristar Risk
Management, the Florida Municipal Insurance Trust, and the Florida
League of Cities;
(e) On behalf of the City of Boynton Beach, the Florida Municipal
Insurance Trust will pay STACI SCHULTE the sum of One Hundred and
Seventy Five Thousand and no/100 Dollars ($175,000.00);
(f) STACI SCHULTE will execute the attached General Release
and Indemnification Agreement in favor of the City of Boynton Beach,
Tristar Risk Management, the Florida Municipal Insurance Trust, and the
Florida League of Cities;
(g) Upon the exchange of the settlement proceeds for the wet-ink
original General Releases referenced above, the parties will file a
stipulation of dismissal with prejudice in accordance with Fla. R. Civ. P.
1.420(a)(1)(B); and
(h) The parties will obtain a final order of dismissal with prejudice
from the Court.
3. The parties agree and acknowledge that the foregoing terms of
settlement are contingent upon the approval of the City Commission of the City
of Boynton Beach.
Dated 1.s 19th day of March 2024.
/
Patrick W. Lawlor, Esq. Christopher J. S - - ns, Esq.
Attorney for Plaintiff Attorney for B: nton Beach
Page 2 of 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy hereof has been served and filed through
the Florida Court E-Filing Portal this day of January 2024 to: Robert A.
Samartin, Esq., The Law Offices of Berman & Berman, P.A., 800 N. Belcher Rd.,
Clearwater, FL 33765, servicea,thebermanlawgroup.com and Lyman H.
Reynolds, Jr., Esq., Roberts, Reynolds, Bedard & Tuzzio, PLLC, 470 Columbia
Dr., Bldg. C101, West Palm Beach, FL 33409, service LHR a,rrbpa.com
/s/Christopher J. Stearns
CHRISTOPHER J. STEARNS
FLA. BAR NO. 557870
Attorney for Boynton Beach
JOHNSON, ANSELMO, MURDOCH,
BURKE, PIPER & HOCHMAN, P.A.
2455 E. Sunrise Blvd., Suite 1000
Fort Lauderdale, FL 33304
954-463-0100-Tel./954-463-2444-Fax
Primary Service email: stearnsajambg.coin
Secondary Service emails: voung(@jambg.com & nuneznajambg.com
Page 3 of 4
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That DEVON SCHULTE hereinafter referred to as "first party", for and in consideration
of the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS AND NO/CENTS
($12,500.00) 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 by reason of any matter, cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6,
2022,at,on,or near West Gateway Boulevard,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 Devon Schulte, Staci Schulte and Devon Schulte, as
Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, Case No. 50-2023-CA-
003474-XXXX-MB.
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
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 day
of , 2024.
Release of Claim
and Indemnification Agreement
Page 2
Signed, sealed and delivered in the presence of:
DEVON SCHULTE WITNESS
STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of p physical
presence or p online notarization, this day of , 2024, by
, who is personally known to me, or who has produced
as identification.
Notary Public, State of Florida at Large
Printed Name:
(NOTARY SEAL)
My commission expires:
This Instrument Prepared By:
CHRISTOPHER J. STEARNS,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
RELEASE OF CLAIM
AND INDEMNIFICATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That DEVON SCHULTE, as father and natural guardian of T.S., a minor, hereinafter
referred to as "first party", for and in consideration of the sum of TWELVE THOUSAND FIVE
HUNDRED DOLLARS AND NO/CENTS ($12,500.00) 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 by reason of any matter, cause or
thing whatsoever, arising from that accident which Plaintiffs allege occurred on or about June 6,
2022,at,on,or near West Gateway Boulevard,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 Devon Schulte, Staci Schulte and Devon Schulte, as
Father and Natural Guardian of T.S., a minor v. City of Boynton Beach, Case No. 50-2023-CA-
003474-XXXX-MB.
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
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 day
of , 2024.
Release of Claim
and Indemnification Agreement
Page 2
Signed, sealed and delivered in the presence of:
DEVON SCHULTE, as father and WITNESS
natural guardian of T.S., a minor
STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me by means of p physical
presence or online notarization, this day of , 2024, by
, who is personally known to me, or who has produced
as identification.
Notary Public, State of Florida at Large
Printed Name:
(NOTARY SEAL)
My commission expires:
This Instrument Prepared By:
CHRISTOPHER J. STEARNS,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