HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-297Temp Reso #9209
11 /8/2000
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- A? r%
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO FILE A PROPOSAL FOR SETTLEMENTAND
OFFER OF JUDGMENT TO OFFER SETTLEMENT IN THE
UNITED UNDERGROUND CONTRACTOR CORP. LAWSUIT
FOR THE AMOUNT OF $16,500.00, AND TO TAKE ALL
NECESSARY ACTIONS FOR THE SETTLEMENT OF THIS
LAWSUIT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on August 17, 1999, United Underground Contractor Corp. filed a
lawsuit against the City of Tamarac for breach of contract, breach of implied warranties,
and breach of express warranties in the amount of $63,035.15; and
WHEREAS, the law firm of Johnson, Anselmo, et al., was retained to represent the
City of Tamarac in this lawsuit; and
WHEREAS, City staff and the City's retained defense counsel have reviewed the
claims made by United Underground Contractor Corp. and recommend that the City of
Tamarac attempt to settle the litigation before proceeding to trial by filing a Proposal for
Settlement and Offer of Judgment for the amount of $16,500.00; and
WHEREAS, the Interim Risk Manager, the City Attorney and the City Manager
recommend filing a Proposal for Settlement and Offer of Judgment to offer settlement of
this claim for the amount of $16,500.00; and
Temp Reso #9209
11 /8/2000
Page 2
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to file a Proposal for
Settlement Pursuant to F.R.C.P. 1.442 and Offer of Judgment Pursuant to Fla. Stat.
§768.28 in order to offer to United Underground Contractor Corp. a settlement amount of
$16,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and is hereby made a specific part of this Resolution.
SECTION 2: The City Attorney, or his designee, is authorized to file with the
Courts the Proposal for Settlement Pursuant to F.R.C.P. 1.442 and Offer of Judgment
Pursuant to Fla. Stat. §768.28, attached hereto as Exhibit A, to offer settlement in the
amount of $16,500.00, and to take all necessary actions required by the Courts and Florida
law to settle the lawsuit filed by United Underground Contractor Corp.; and
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Temp Reso #9209
11 /8/2000
Page 3
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of , 2000.
ATTEST:
MARION SWENSON, CMC
Gll'Y`
i.H-1�58Y G Ri'IFY that
f,
MIT ELL S. KR,
CITY ATTORNEY
1
OE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER .....
DW 1: COMM. PARTNER.,.
MST S. COMM. MISHKIN .1 -
DIST & COOL SULTANOF
COT 4:1tIM "ODOM
NOV-06-00 MON 15:49 JOHNSON,ANSELMO FAX NO. 3054632444 P,02
Exhibit A
Temp Reso #9209
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN
FOR BROWARD COUNTY, FLORIDA
CASE NO.99-014413 (03)
UNITED UNDERGROUND
CONTRACTOR CORP_,
Plaintiff,
vs.
CITY OF TAMARAC,
Defendant.
PROPOSAL FOR SETTLEMENT PURSUANT TO F.P.-C.P. 1.442 AND
OFFER OF JUDGMENT PURSUANT TO FLA. STAT. 768.79
" A
Defendant, CITE'' OF TAMARAC ("CITY"), by and through its undersigned attorneys, and
pursuant to Rule 1.442, Florida Rules of Civil Procedure and §768.79, Florida Statutes, states as
follows:
l . This Proposal for Settlement and Offer of Judgment is made to resolve and settle all
pending claims between Defendant, CITY OF TAMARAC, and Plaintiff, UNITED
UNDERGROUND CONTRACTOR CORPORATION, in the above -described litigation.
2. IfPlaintiff, UNITED UNDERGROUND CONTRACTOR CORPORATION, accepts
this Proposal for Settlement and Offer of Judgment, Defendant, CITY OF TAMARAC, would
require as a condition thereto execution by said Plaintiff of a Release of all claims against the CITY
OF TAMARAC, its employees and insurers, an Affidavit of No Liens, and a Stipulation for Final
Order of Dismissal with Prejudice as to the CITY OF TAMARAC, with each party to bear its own
costs and attorney's fees.
NOV-06-00 MON 15:50 JOHNSON,ANSELMO FAX NO. 3054632444 P.03
Exhibit A
Temp Reso #9209
3. Defendant, CITY OF TAMARAC, hereby proposes to allow judgment to be taken
against it in this action in the total amount of ($16,500.00) SIXTEEN THOUSAND FIVE
HUNDRED DOLLARS AND NO CENTS, inclusive of all costs and attorney's fees.
4. Other than the above -described terms, there are no additional special conditions to
this Proposal for Settlement and Offer of Judgment.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed
this _ day of November, 2000 to: ,kNTHONY L. TOLGYESI, ESQ., Tolgyesi, Katz, Hankin
& Katz, P.A., Attorneys for Plaintiff, 1909 Tyler Street, Fourth Floor, Hollywood, FL 33020.
JOHNSON, ANSELMO, MURDOCH,
BURKE & GEORGE, P.A.
Attorneys for CITY OF TAMARAC
790 East Broward Blvd./Suite 400
P.O. Box 030220
Fort Lauderdale, FL 33303-0220
Tel: (954) 463-0100
�0 r
E. BRUCE JOHNSON
Fla. Bar No. 262137
CHRISTINE M. DUIGNAN
Fla. Bar No. 896500
IPZ
Exhibit A.
Temp Reso #9209
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN
FOR BRO'WARD COUNTY, FLORIDA
CASE NO.99-014413 (03)
UNITED UNDERGROUND
CONTRACTOR CORP_,
Plaintiff,
vs.
CITY OF TAMARAC,
Defendant.
PROPOSAL FOR SETTLEMENT PURSUANT TO F.It.C.P.1.442 AND
OFFER OF JUDGMENT PURSUANT TO FLA. STAT. 768.79
Defendant, CITY" OF TAMARAC ("CITY"), by and through its undersigned attorneys, and
pursuant to Rule 1.442, Florida Rules of Civil Procedure and §768.79, Florida Statutes, states as
follows:
I . This Proposal for Settlement and Offer of Judgment is made to resolve and settle all
pending claims between Defendant, CITY OF TAMARAC, and Plaintiff, UNITED
UNDERGROUND CONTRACTOR CORPORATION, in the above -described litigation.
2. IfPlaintiff, UNITED UNDERGROUND CONTRACTOR CORPORATION, accepts
this Proposal for Settlement and Offer of Judgment, Defendant, CITY OF TAMARAC, would
require as a condition thereto execution by said Plaintiff of a Release of all claims against the CITY
OF TAMARAC, its employees and insurers, an Affidavit of No Liens, and a Stipulation for Final
Order of Dismissal with Prejudice as to the CITY OF TAMARAC, with each party to bear its own
costs and attorney's fees.
NOV-Q6_00 MON 15:50 10HNSON,ANbELMU r1-ih nu OD0400c444 1.VV
Exhibit A
- Temp Reso 49209
3. Defendant, CITY OF TAMA.RAC, hereby proposes to allow judgment to be taken
against it in this action in the total amount of ($16,500.00) SIXTEEN THOUSAND FIVE
HUNDRED DOLLARS AND NO CENTS, inclusive of all costs and attorney's fees.
4. Other than the above -described terms, there are no additional special conditions to
this Proposal for Settlement and Offer of Judgment.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was mailed
this _ day of November, 2000 to: ANTIMONY L. TOLGYESI, ESQ., Tolgyesi, Katz, Hankin
& Katz, P.A., Attorneys for Plaintiff, 1909 Tyler Street, Fourth Floor, Hollywood, FL 33020.
70HNSON, ANSELMO, MURDOCH,
BURKE & GEORGE, P.A.
Attorneys for CITY OF TAMARAC
790 East Broward Blvd./Suite 400
P.O. Box 030220
Fort Lauderdale, FL 33303-0220
Tel: (954) 463-0100
LN
WA
E. BRUCE JOHNSON
Fla. Bar No. 262137
CHRISTINE M. DLJIGNAN
Fla. Bar No. 896500