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SETTLEMENT AGREEMENT
<br />AND MUTUAL GENERAL RELEASE
<br />CITY OF SUNNY ISLES BEACH, including all of its officers, directors, representatives,
<br />shareholders, owners, agents, employees, successors and assigns, (hereinafter collectively
<br />referred to as "Defendant ") and CARIDAD MARTINEZ, including her heirs, representatives,
<br />attorneys, successors, and assigns, (hereinafter referred to as "Plaintiff'), for good and valuable
<br />consideration, receipt of which is hereby acknowledged, and in order to resolve and settle finally,
<br />fully and completely all matters or disputes that now exist or may exist between them, agree as
<br />follows:
<br />1. Mutual General Release. In consideration for the promises contained in this
<br />Settlement Agreement and General Release (the "Agreement "), the Parties unconditionally
<br />release and discharge each other (collectively referred to as the "Released Parties ") from any and
<br />all claims, demands, liabilities, and causes of action of any kind or nature, whether known or
<br />unknown, or suspected or unsuspected, which either party now owns or holds, or has owned or
<br />held against each other, including, but not limited to, any and all claims, demands, liabilities, or
<br />causes of action which arise out of, or are in any way connected with each Plaintiff's
<br />employment with, or the separation of their employment with the Defendant, or which arise out
<br />of or are in any way connected with any loss, damage, or injury whatsoever to Plaintiff resulting
<br />from any act or omission by or on the part of the Defendant committed prior to the date of this
<br />Agreement. Included in the claims, demands, liabilities, and causes of action being released and
<br />discharged by Plaintiff are all claims under Title VII of the 1964 Civil Rights Act; the Civil
<br />Rights Act of 1991; the Age Discrimination in Employment Act; the Older Workers Benefit
<br />Protection Act; the Equal Pay Act; the Fair Labor Standards Act ( "FLSA "); the Employee
<br />Retirement Income Security Act (` ERISA "); the Americans with Disabilities Act of 1990
<br />( "ADA "); the Rehabilitation Act of 1973; the Family and Medical Leave Act of 1993; 42 U.S.C.
<br />§§ 1981, 1985(3), and 1986; the Occupational Safety and Health Act; Chapter 760, Florida
<br />Statutes; the Florida Private Whistle- blower's Act of 1991; Chapter I I A of the Miami -Dade
<br />County Code; and any and all other laws, statutes, ordinances, treaties, rules or regulations of the
<br />United States of America, or any other country, state, county, municipality, or political
<br />subdivision thereof. This Release includes all claims which were, or could have been, asserted
<br />by the Released Parties against each other in the lawsuit styled CARIDAD MARTINEZ v. CITY
<br />OF SUNNY ISLES BEACH, Case No.: 14- 20469- CIV- WILLIAMS /SIMONTON pending
<br />before the U.S. District Court for the Southern District of Florida (hereinafter referred to as the
<br />"Litigation ").
<br />2. Settlement Amount and Attorney's Fees. In consideration of the promises of
<br />Plaintiff as set forth herein, the Parties agree to settle Plaintiff's claim for a total of Fourteen
<br />Thousand Dollars and no Cents ($14,000.00) which shall be issued to the J.H. Zidell P.A. Client
<br />Trust Account and delivered to J.H. Zidell P.A. within fifteen (15) days of the Court's approval
<br />of this Settlement Agreement. Out of the settlement proceeds, Plaintiff, Caridad Martinez shall
<br />receive Seven Thousand Nine Hundred Sixty Dollars and No Cents ($7,960.00). Plaintiffs
<br />Counsel shall receive Five Thousand Six Hundred Dollars and No Cents ($5,600.00) as fees and
<br />Four Hundred and Forty Dollars and No Cents ($440.00) as costs incurred in this Litigation.
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<br />EXHIBIT "A"
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