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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)