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HomeMy Public PortalAbout16-9238 Approving Settlement Between Anthony Musto Sponsored by: City Attorney RESOLUTION NO. 16-9238 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT BETWEEN ANTHONY C. MUSTO AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City is has been sued by Anthony C. Musto, in Musto, vs. The City of Opa-locka, Florida; case number: 2016-10075 CC-23, for$10,200.00; and WHEREAS, The City has an opportunity to settle this matter for $7400.00 and reduce its costs of litigation and damages; and WHEREAS,It is in the best interest of the City to settle this lawsuit; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Manager and the City Attorney are hereby authorized to accept and execute the settlement (EXHIBIT "A") in Musto vs. The City of Opa-locka, Florida; case number: 2016-10075 CC-23. Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the State of Florida Financial Oversight Board. PASSED AND ADOPTED this 14th day of September, 2016. yra L. aylor Mayor Resolution No. 16-9238 Attest to: Approved as to form and legal sufficiency: Joa a Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER RILEY Seconded by: VICE MAYOR HOLMES Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is entered into by and between Plaintiff, Anthony C. Musto (hereinafter referred to as "Musto"), and Defendant, The City of Opa Locka (hereinafter referred to as "The City"). Plaintiff and Defendant shall sometimes hereinafter be collectively referred to as the "Parties." RECITALS WHEREAS, Musto and The City entered into a Special Magistrate Professional Services Agreement on October 20, 2008 to provide services to the City as a code enforcement Special Magistrate (hereinafter the "Agreement"); WHEREAS, Musto for all the years subsequent to the contract continued providing the services as per the Agreement until payments stopped sometimes during the year 2013 and thereafter; WHEREAS, the Agreement is the subject of a lawsuit currently pending in Miami Dade County Court, Case No. 16-10075-CC-23(the "Lawsuit"); WHEREAS, the parties have agreed to compromise and settle the claims between the parties pending in the Lawsuit, each party to bear their own attorney fees and costs; WHEREAS, the Parties have negotiated this Agreement and agree that it is a fair and equitable resolution of their disputes. The Parties agree that this Agreement represents an arm's length negotiation involving due deliberation and that this Agreement is neither the product of coercion nor have the Parties been unduly influenced by any other person or entity to enter into said Agreement. The Parties are represented by counsel or have had a full and fair opportunity to consult with counsel. NOW, THEREFORE, on the basis of the foregoing recitals and in consideration of the mutual covenants under this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties contract and agree as follows: 1. The Parties agree that the above recitals are true and correct and are incorporated as a material part of this Agreement. 2. The City shall pay Musto the total settlement amount of $7,400.00 on or before January, 2017. 3. For and in consideration of the before mentioned proceeds and the mutual undertakings contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties hereby release and forever discharge each other and all of their respective principals, agents, officers, directors, sureties, attorneys, affiliated companies, predecessors, subsidiaries, successors and assignees from any and all liability arising out of or related to the events, claims, and transactions between the Parties or any other dealings between the Parties related to or arising from the operative facts alleged in Lawsuit or arising out of or related to the Agreement. 4. This Agreement is intended to be and is a commercial accommodation between the Parties hereto and shall not be construed as an admission by any party of any claim or affirmative defense asserted by any other party, nor shall this Agreement be construed as a waiver, modification, or retraction of the positions taken by any party in this action or with respect to any other non-party. 5. Upon receipt of payment and clearance of the agreed $7,400.00 in settlement funds, Musto shall file a joint stipulation for dismissal of this action with prejudice with each party paying its own attorney fees and costs. 6. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs, successors, assignees, affiliates, receivers, or trustees. 7. No amendments or variations of the terms of this Agreement shall be valid unless made in writing and signed by all Parties hereto. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. +net 8. This Agreement is fully integrated, and constitutes the entire agreement and understanding between and among the Parties with respect to the matters addressed herein and, except as set forth in this Agreement, no representations, warranties or promises have been made or relied upon by the Parties to this Agreement. 9. This Agreement is the product of informed negotiations, joint draftsmanship, and involves compromises of the Parties' previously stated legal positions. 10. The persons executing this Agreement on behalf of the Parties represent and warrant that they have the necessary authority to do so and to bind the respective Parties to the terms hereof. 11. Facsimile or scanned signatures hereto shall be acceptable, valid and binding. 12. Unless expressly noted elsewhere in this Agreement, the undersigned Parties warrant that they are not relying upon tax advice from the undersigned attorneys regarding the tax implications of the amount or form of this settlement. 13. In the event that the City fails to pay the agreed $7,400.00 when due, Musto shall be entitled to a consent final judgment against the City, for the full amount of the Agreement, plus interest, costs and attorney fees. Such judgment may be entered by the court without a hearing. 14. If any of the Parties files a lawsuit or pursues any judicial proceeding in any court to enforce the terms of this agreement against any other Party, the prevailing one will be entitled to attorney's fees and costs for such effort. EXECUTED on behalf of the Parties, each of whom confirms by their signature belo what they have read and understand this Agreement. ypww The City of Opa-Locka BY: As Its: Date: Anthony C. Musto, Esq. BY: As Its: Date: