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Home My Public Portal About09-7895 Kubicki Draper P.A. Sponsored by: City Attorney RESOLUTION NO. 0 9-7 8 9 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT IN THE MATTER OF CITY OF OPA-LOCKA VS. KUBICKI DRAPER, P.A. AND M SECURITIES INVESTMENT, INC., AND AUTHORIZING THE CITY MANAGER TO ACCEPT PAYMENT FROM SAID DEFENDANTS IN THE TOTAL AMOUNT OF THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500.00), AS FULL AND FINAL SETTLEMENT OF ALL CLAIMS AND DISMISSAL WHEREAS, on or about June 23, 2003, the City of Opa-locka ("City") sued Kubicki Draper, P.A., and M Securities Investment, Inc., in the 11th Judicial Circuit in and for Miami- Dade County, Florida, Case No.: 03-07176 CA (31); and WHEREAS, Attorney Joseph Geller of Greenspoon Marder, P.A., has most recently been handling this claim on behalf of the City; and WHEREAS, Kubicki Draper, P.A., and M Securities Investment, Inc. have presented a settlement offer in the total amount of Thirty Seven Thousand Five Hundred Dollars ($37,500.00) for full and final settlement of the City's claim; and WHEREAS,the City Commission of the City of Opa-locka ("City Commission") desires to accept the settlement amount from Kubicki Draper, P.A., and M Securities Investment, Inc., as full and final settlement of the City's claim. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No. 09-7895 Section 2. The City Commission of the City of Opa-locka hereby accepts the settlement offer from Kubicki Draper, P.A., and M Securities Investment, Inc., related to Case No.: 03-07176 CA (31), in the 11th Judicial Circuit in and for Miami-Dade County, Florida, in the total amount Thirty Seven Thousand Five Hundred Dollars ($37,500.00) for full and final settlement of the City's claim and dismissal. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 2 day of JULY , 2009. JOSEPH L. LLEY MAY R Attest: Approved as to form and legal sufficiency: _r Debora Irb Burnadette Nojris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES THE GREAT CITY " oe. 5 'bc vity gs g21 CAR wa > / I 0 Burnadette Norris-Weeks, P.A. 305-953-2808 City Attorney 305-953-2830 Fax:305-769-6107 MEMORANDUM TO: Mayor Joseph L. Kelley Vice-Mayor Myra Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Rose Tydus FROM: Burnadette Norris-Weeks, City Attorney RE: City of Opa-locka v. Kubicki Draper et. al. DATE: July 21, 2009 This Memorandum concerns the case of City of Opa-locka v. Kubicki Draper, a Professional Association, f/k/a KUBICKI DRAPER, P.A. and M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY & COMPANY, a municipal securities investment firm; Case # 03-07176 CA 01, in the Circuit Court of Miami-Dade County. Attorney Joseph Geller of Greenspoon Marder has been handling this claim on behalf of the City. The City has been offered a total of $35,000.00. If the City Commission approves the resolution for this item, the City would agree to take $35,000.00 from Kubicki, Draper and another $2,500.00 from Howard Gary, for a total of$37,500.00. The City's former attorneys, Sacher, Zelman, represented the City against Kubicki, Draper and Howard Gary, has an outstanding bill to the City for $47,658.77, which they have agreed to waive in exchange for a mutual releases between the City and Sacher, Zelman. The Settlement Agreement is attached for your review. I have reviewed the Settlement Agreement and made revisions to better clarify the intent of the parties. Page 1 of 1 Burnadette Norris-Weeks From: bnorris199 @aol.com Sent: Tuesday, July 21, 2009 2:29 PM To: Burnadette Norris-Weeks Subject: Fwd: CITY OF OPA LOCKA-SETTLEMENT AGREEMENT Original Message From: Joseph Geller<Joseph.Geller @gmlaw.com> To: Burnadette Norris-Weeks <BNorris199 @aol.com> Sent: Mon, Jul 20, 2009 8:22 pm Subject: FW: CITY OF OPA LOCKA - SETTLEMENT AGREEMENT This is the final agreement on Kubicki. I think it includes all your corrections. We also need to approve giving a release to Sacher, Zelman in exchange for them releasing the City of any claims they have for atty fees against us, which is something like $45,000. Try to get this approved so I can get the releases signed by the City and swap them for the checks. Let me know if you need anything else on this one. Joe From: Francine Williams Sent: Monday, July 20, 2009 6:48 PM To: Joseph Geller Subject: CITY OF OPA LOCKA - SETTLEMENT AGREEMENT The information contained in this transmission may be attorney/client privileged and received this communication in error, please notify us immediately by reply e-mail. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advic cannot be used by any person or entity for the purpose of (i) avoiding any tax penal An Excellent Credit Score is 750. See Yours._.in Just 2.._Easy Steps!_ 7/21/2009 SETTLEMENT AGREEMENT AND GENERAL RELEASE WHEREAS,THE CITY OF OPA LOCKA,including anypersonal representative,successor, heir, assign, or a party claiming through it shall hereinafter be collectively referred to as"CITY"; WHEREAS, KUBICKI DRAPER, a Professional Association f/k/a KUBICKI DRAPER, P.A., its employees, partners, members, shareholders, attorneys, agents, servants, subcontractors, insurers and claims handlers,predecessors, successors,and assigns, shall hereinafter be referred to as" KUBICKI DRAPER"; WHEREAS, M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY & COMPANY,a municipal securities investment firm,its employees,partners,members,shareholders, attorneys,agents,servants, subcontractors,insurers and claims handlers,predecessors, successors, and assigns, shall hereinafter be referred to as"M SECURITIES "; WHEREAS,the parties hereto voluntarily enter into this Settlement Agreement and General Release (hereinafter"Settlement Agreement"); WHEREAS, the CITY alleges that it was damaged due to representation by KUBICKI DRAPER and M SECURITIES, including but not limited to representation in conjunction with certain bond issuances; WHEREAS, on or about June 23, 2003, the CITY sued KUBICKI DRAPER and M SECURITIES in an action styled, CITY OF OPA-LOCKA v. KUBICKI DRAPER, a Professional Association, f/k/a KUBICKI DRAPER, P,A.: and M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY&COMPANY. a municipal securities investment firm,in the 11th Judicial Circuit in and for Miami-Dade County, Florida bearing Case No.: 03-07176-CA-31 (hereinafter"CITY LITIGATION"); WHEREAS, the parties recognize that it is in their mutual best economic interest to expeditiously resolve the CITY LITIGATION without any party admitting fault; WHEREAS,the parties acknowledge that this has been a contested matter in all respects and that the settlement in this matter has been agreed to based solely upon economic considerations; WHEREAS,all parties to this agreement agree that the execution of this agreement shall not be deemed an admission on the part of any party; WHEREAS,the CITY agrees to release KUBICKI DRAPER and M SECURITIES as more specifically set forth herein; Settlement Agreement RE: City of Opa-Locka v. Kubicki Draper Page 2 In consideration of THIRTY FIVE THOUSAND DOLLARS ($35,000.00) and other good consideration given by or on behalf of KUBICKI DRAPER to the CITY,and in consideration of TWO THOUSAND FIVE HUNDRED DOLLARS($2,500.00)and other good consideration given by or on behalf of M SECURITIES to the CITY, and the representation that the above-referenced declarations are true and correct and serve as representations designed to induce each party to enter this Settlement Agreement, it is hereby agreed as follows: CITY, for and in consideration of the sum of THIRTY FIVE THOUSAND DOLLARS ($35,000.00)and other good consideration received from or on behalf of KUBICKI DRAPER,and for and in consideration of the sum of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) and other good consideration received from or on behalf of M SECURITIES, does hereby remise, release, acquit, satisfy, and forever discharge KUBICKI DRAPER and M SECURITIES of and from any and all manner of action, causes of action, suits, debts, sums of money,agreements,promises,damages,judgments,demands,whatsoever,in law or in equity,which the CITY ever had, or now has, or may have in the future against KUBICKI DRAPER and M SECURITIES. This release provided by the CITY specifically covers, but is not limited to, any and all claims for damages of everynature which were alleged or which could have been alleged in addition to those set forth within the CITY LITIGATION. The CITY specifically releases KUBICKI DRAPER and M SECURITIES for any act or omission against the CITY which was or could have been set forth, and any and all persons,natural or corporate,responsible for the acts or omissions against the CITY which were or could have been set forth in the CITY LITIGATION. All parties to this Settlement Agreement agree that the acceptance of this Settlement Agreement shall not be deemed as an admission on the part of any party. The CITY agrees to defend, indemnify,and hold KUBICKI DRAPER and M SECURITIES harmless from and against any claims, damages, obligations or actions made by or owed to any parties represented by or claimed through the CITY, and which relate to or arise out of the allegations which are the subject of the previously identified CITY LITIGATION. Settlement agreement RE: City of Opa-Locka v. Kubicki Draper Page 3 EXECUTED this day of ,2009. Signed, sealed and delivered In the presence of: WITNESSES BY:: on behalf of the CITY OF OPALOCKA STATE OF ) )SS COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared an authorized representative of the CITY OF OPA-LOCKA, after being duly sworn, deposes and says that the foregoing Settlement Agreement and General Release is true and correct in all respects to the best of my knowledge and belief. SWORN TO AND SUBSCRIBED before me by an authorized representative of the CITY of OPA LOCKA, who is personally known to me or who has presented as identification this day of , 2009. NOTARY PUBLIC STATE OF My Commission expires: Settlement agreement RE: City of Opa-Locka v. Kubicki Draper Page 4 EXECUTED this day of , 2009. Signed, sealed and delivered In the presence of: WITNESSES BY:: M SECURITIES INVESTMENT, INC. d/b/a HOWARD GARY & COMPANY STATE OF ) )SS COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared an authorized representative of the M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY & COMPANY, after being duly sworn, deposes and says that the foregoing Settlement Agreement and General Release is true and correct in all respects to the best of my knowledge and belief. SWORN TO AND SUBSCRIBED before me by an authorized representative of the M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY & COMPANY, who is personally known to me or who has presented as identification this day of , 2009. NOTARY PUBLIC STATE OF My Commission expires: Settlement agreement RE: City of Opa-Locka v. Kubicki Draper Page 5 EXECUTED this day of ,2009. Signed, sealed and delivered In the presence of: WITNESSES BY:: KUBICKI DRAPER,a Professional Association,f/k/a KUBICKI DRAPER, P.A. STATE OF ) )SS COUNTY OF ) BEFORE ME, the undersigned authority, personally appeared an authorized representative of the KUBICKI DRAPER, a Professional Association, f/k/a KUBICKI DRAPER, P.A. after being duly sworn, deposes and says that the foregoing Settlement Agreement and General Release is true and correct in all respects to the best of my knowledge and belief. SWORN TO AND SUBSCRIBED before me by an authorized representative of the KUBICKI DRAPER, who is personally known to me or who has presented as identification this day of , 2009. NOTARY PUBLIC STATE OF My Commission expires: IN THE CIRCUIT COURT FOR THE 11"JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY CITY OF OPA-LOCKA CASE NO. 03-07176 CA (01) Plaintiff, vs. KUBICKI DRAPER, a Professional Association, f/k/a KUBICKI DRAPER, P.A.; and M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY&COMPANY, a municipal securities investment firm, Defendants. STIPULATION FOR ORDER OF DISMISSAL Plaintiff,CITY OF OPA-LOCKA,Defendant,KUBICKI DRAPER,a Professional Association, f/k/a KUBICKI DRAPER, P.A., and Defendant M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY & COMPANY, a municipal securities investment firm, by and through their undersigned attorneys, and show unto this Court that these parties have agreed to amicably settle the subject matter, with each party to bear its own fees and costs. WHEREFORE, the above-mentioned parties petition this Court for an Order dismissing this cause with prejudice as to Kubicki Draper,a Professional Association,f/k/a Kubicki Draper,P.A.,and M Securities Investment,Inc.,d/b/a Howard Gary&Company, a municipal securities investment firm, with each party to bear their own fees and costs. Dated this day of March, 2009. Greenspoon Marder, P.A. STEPHENS LYNN KLEIN LA CAVA Counsel for Plaintiff HOFFMAN &PUYA, P.A. Trade Centre South Counsel for Kubicki Draper 100 W. Cypress Creek Road 9130 S. Dadeland Boulevard Suite 700 Two Datran Center-PH II Ft.Lauderdale, Florida 33309 Miami, Florida 33156 By: By: JOSEPH GELLER, ESQ. GREGORY S. GLASSER Fla. Bar No.: Fla.Bar No.: 014702 Case No.: 03-07176-CA-01 Page 2 Payton &Carlson, P.A. Counsel for M Securities SunTrust International Center One Southeast Third Avenue,Suite 1200 Miami, Florida 33131 By: CURTIS CARLSON,ESQ. Fla. Bar No.: H:\library\03\035010\Stip&Order of Dismissal.wpd • IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY CASE NO. 03-07176 CA (01) CITY OF OPA-LOCKA Plaintiff, vs. KUBICKI DRAPER, a Professional Association, f/k/a KUBICKI DRAPER, P.A.; and M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY &COMPANY, a municipal securities investment firm, Defendants. ORDER OF DISMISSAL WITH PREJUDICE THIS CAUSE coming on to be heard upon the parties' Stipulation for Dismissal with Prejudice and it appearing unto the Court the subject cause has been amicably settled between the Plaintiff,CITY OF OPA-LOCKA, Defendant, KUBICKI DRAPER, a Professional Association, f/k/a KUBICKI DRAPER, P.A., and Defendant M SECURITIES INVESTMENT, INC., d/b/a HOWARD GARY & COMPANY,a municipal securities investment firm,and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that this cause be and the same is hereby dismissed with prejudice,with each party to bear its own fees and costs. DONE AND ORDERED in Chambers at Miami-Dade County, Florida on this day of March, 2009. HONORABLE JOHN SCHLESSINGER Circuit Court Judge cc. Gregory S. GIasser, Esq. Joseph Geller, Esq. Curtis Carlson,Esq.