Resolution 86-18710 .
RESOLUTION NO. 86-18710
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
ACCEPTING THE SETTLEMENT OFFER RELATING TO
CLAIM RECOVERY IN CITY OF MIAMI BEACH, ET AL
V. INTERNATIONAL BUILDERS OF FLORIDA, INC.
ETC. ET AL.
WHEREAS , Robert Bouchard, Esquire, of Kubicki , Bradley,
Draper , Gallagher and McGrane brought suit on behalf of the City
of Miami Beach and two of its insurance companies, (St. Paul Fire
and Marine and Factory Mutual Engineering) against the builders of
City Hall, claiming negligence in its construction and design; and
WHEREAS, said lawsuit has been settled in the amount of
$50,000 from the insurance carrier for Fryd Construction
Corporation (the Corporation which completed construction on City
Hall) ; and
WHEREAS , the City' s pro rata share (18% of total
proceeds) less costs and attorney fees equals $5,891.41; and
WHEREAS, it is the opinion of the City Attorney that, in
view of the difficult nature of this case, said settlement as
outlined in Attorney Bouchard' s letter of November 18 , 1986
(attached hereto Exhibit "A") be accepted by the City of Miami
Beach.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
recommendation of the City Attorney is hereby approved and
accepted and that the above-referenced settlement offer in City of
Miami Beach, et al v. International Builders, Inc. etc. et al, is
hereby approved and accepted in total settlement thereof, and that
a closing statement and release be executed reflecting this
acceptance of settlement.
PASSED AND ADOPTED this 17th day of December , 1986.
/ 421/-7,
Attest: :,f•YOR
$ 31-) '61/C
CITY CLERK FORM APPROVED
JKO/rg LEG'S DEPT.
By Nord ft �. .
Date /2'4'461r(
•
GENERAL RELEASE RAMCO FORM 22
Know fill Men By These Presents :
That we ,
(I, We)
CITY OF MIAMI BEACH
first party, for and in consideration of the sum of TEN AND NO/100
-Dollars, or other valuable considerations, received from or on behalf of
Fryd Construction Corp. , International Builders of Florida
and The Travelers Indemnity Company
second party, the receipt whereof is hereby acknowledged,
(Wherever used herein the terms "first party" and "second party" shall include singular and,plural, heirs, legal representa-
tives, and assigns of individuals, and the successors and assigns of corporations, schcrever the context so admits or requires.)
HEREBY remise, release, acquit, satisfy, and forever discharge the said second party, of and from
all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money,
accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, vari-
ances, 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 party, for, upon or by reason of any
matter, cause or thing whatsoever, fxdoxxlivexkg}fix.X4pbtxixexixatitiktzxtkixibp0434kiiiNwt,revik.
In any way concerning or realting to the construction of Municipal Administrative
Building for the City of Miami Beach, Florida and/or the contract
of construction thereof between International Builders of Florida, Inc. and
the City of Miami Beach dated June 27, 1975 for the sum of $4,284,000.00; the
bond or bonds of The Travelers Indetlnity Company securing said contract referred
to above; the contract for completion of the work (under the above-referenced
contract between International Builders of Florida, Inc. and. the City of Miami
Beach regarding the City of Miami Beach Administrative Building) between Fryd
Construction Corporation and the City of Miami. Beach dated 19th January 1977 and/or
the Indemnity Agreement of The Travelers Indemnity Ccopany running to the
benefit of the City of Miami Beach dated 19th January 1977; and any issue raised
or which could have been raised in Case No. 83-29525, Circuit Court of the
11th Judicial Circuit In and For Dade County, Florida, styled City of Miami
PPach, individually and for the use and benefit of-St. Paul Insurance'and
Factory Mutual Engineering v. 'international Builders 'of Florida, Inc. and
Fryd Construction Cortporation.
in fitness whereof, have hereunto set hand and seal this p
day of ,r , A. D., 19I'G. .
Signed, sealed and delivered in presence of: CITY OF M AMI :0;C :7,11110.7.457
„%/e764,- By
Ma tri_
kill i7
City Clerk
STATE OF FLORIDA,
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
C d� 1�- -�" !�"� Ce0.2` € r5_,,/62,)
to me known to be the person$" described in and who executed the foregoing instrument and ✓M.c.(, acknowledged
before me that' .t.s, executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this a day of
o A. D. 19
ilii[ priparal l y: Dan B. Guernsey,_ Esq.
WELBAUM ZOOK JO1V,S & WILLIAMS
NOTARY DUBLIC STATE OF FLORIDA
Arkt'r['if 2701 South Bayshore Drive NV COMMISSION EXP. FEB. 5,1990
Miami, FL 33133-5390 BONDED THRU GENERAL INS. UND.
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY, FLORIDA
CITY OF MIAMI BEACH, et al . ,
GENERAL JURISDICTION DIVISION
CASE NO: 83-29525 CA 05
Plaintiff (s) ,
vs .
INTERNATIONAL BUILDERS OF FLORIDA,
etc. , et al . ,
CLOSING STATEMENT
Defendant (s) .
TOTAL PROCEEDS OF SETTLEMENT: $ 50,000. 00
FOR ALL PLAINTIFFS
CITY OF MIAMI BEACH
SHARE OF PROCEEDS (18% of total
proceeds) 9, 000. 00
LESS 1/3 ATTORNEY ' S FEES - 3,000. 00
$ 6,000.00
COSTS INCURRED:
Photostats $ 478 .00
Long Distance Calls 94 . 13
Postage 11.65
Service of Process 19. 50
TOTAL: $ 603.28
LESS 18% OF COSTS -108 . 59
NET TO CLIENT: $ 5,891 . 41
ACCEPTED AND APPROVED THIS DAY
OF , 1986.
KUBICKI , BRADL , DRAPER,
GALLAGHER & GRANE, P .
BY:(
Bookkeeper
BY:
Robert F. Bouchard
CITY OF MIAMI BE H Attest:
B Y: vo 6114k
_
Mayor A x Daoud City Clerk
•
•
LAW OFFICES
KUBICKI, BRADLEY, DRAPER, GALLAGHER & MCGRANE
SUITE 701
GENE KUBICKI CITY NATIONAL BANK BUILDING
J FRANK BRADLEY
MARTIN VAN HAASTEREN 25 WEST FLAGLER STREET
DANIEL DRAPER, JR.
BETSY E GALLAGHER MIAMI, FLORIDA 33130
CAROL A. SCOTT TELEPHONE (305) 374-1212
MILES A. MCGRANE, III TELEX
ROBERT F BOUCHARD
JON D. DERREVERE 514130 KUCARIBE
DOUGLAS A. McDUFF
DAVID KNIGHT
GAIL L. KNISKERN AUBREY L. TALBURT
ANTHONY L. PIETROFESA November 18 , 1986 OF COUNSEL
ELWOOD T. LIPPINCOTT, R.
KENNETH M. OLIVER
MICHAEL L. VON ZAMFT
VIRGINIA EASLEY JOHNSON
RICHARD W. HOFFMAN
KATHRYN S. PECKO
City of Miami Beach
Attn: Jean K. Olin,
Assistant City Attorney
P .O. Bin 190000
Miami Beach , Florida 33119
Re: CITY OF MIAMI BEACH V. INTERNATIONAL BUILDERS
Our File No: 12341-RFB
Dear Ms . Olin:
As you know from past correspondence , we have been
representing St . Paul Fire & Marine Insurance Company , Factory
Mutual Engineering and the City of Miami Beach in connection with
the above referenced claim.
Many months ago I received approval from your office to
settle this very difficult claim for $50 , 000. 00 . The total claim
that was made was for approximately $137 , 000 . 00 . However , this
claim was an extremely difficult one and the likelihood of us
winning on behalf of any of the Plaintiffs was very questionable.
The case has now been settled on behalf of all Plaintiffs
for a total of $ 50 , 000 . 00 . The City' s pro-rata share of that
$50 , 000 . 00 is based on the City' s out lay of $25 , 000 . 00 uninsured
loss . This is 18 % of the settlement proceeds which
equals $9 , 000. 00.
From this $9 , 000 . 00 is deducted a 1/3 attorney' s fee in the
amount of $3 , 000. 00 and the City' s pro-rata share of the costs of
the prosecution of this claim in the amount $108 . 59 .
I have enclosed a closing statement setting forth the above
calculations . I would appreciate your having this closing
statement signed by the appropriate person after this settlement
is officially approved by the City. Also , I have enclosed a
Release of All Claims which should be executed by the same
person .
I have the settlement of proceeds in my trust account and as
soon as I receive the enclosed documents back from you, I will
forward you the proceeds of the settlement less attorney' s fees
EXHIBIT "A"
,
Ms . Jean K. Olin
Page two
November 18 , 1986
and costs in the total amount of $5 , 891 . 41.
If you have any questions concerning this matter , please
feel free to contact me at any time.
Ver truly yours , 111,
' •b••rt F. Bouchard
Fo the Firm
RFB/lb
Enclosures
ORIGINAL
RESOLUTION NO. 86-18710
(Approving and accepting the settlement
offer relating to claim recovery in City
of Miami Beach? et al v. International
Builders of Fla. , Inc, .ETC. Et Al)