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: