Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-86-193Introduced by:ClvilTemp. Reso. #4155 1 1 2 3 4, 51' Fl 6 9 10 it 12 1s 14 15` 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86-193 A RESOLUTION APPROVING AND ACCEPTING A COMPRO- MISE OF CLAIM FILED BY THE CITY AGAINST GRANT THORNTON.FORMERLY KNOWN AS ALEXANDER GRANT & COMPANY; AND PROVIDING AN EFFECTIVE -DATE. WHEREAS, the City has instituted a civil lawsuit against Alexander Grant & Co. seeking to recover its losses incurred by the City's investments with ESM Government Securities, Inc. ("ESM"); and WHEREAS, the City has filed a claim in bankruptcy against the estate of the Debtor, ESM Group, Inc. and its affili- ated and related companies; and WHEREAS, an agreement (the "Agreement") has been pro- posed by Grant Thornton, formerly known as Alexander Grant & Co. ("Grant") whereby the City would receive an amount which is pre- sently estimated to be approximately $3,500,000 of the distribu- tion of $50,000,000 according to an allocation agreement among the public body creditors of ESM; and WHEREAS, the City believes the agreement to be a wise and judicious settlement of its claim against Grant and wishes to so settle and fully compromise its claim NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That in consideration of the City sharing in the distribution of $50#000#000 with other public body credi- tors of ESM; the City approves and accepts the compromise of claim Agreement proposed by Grant, which Agreement provides that the City shall: 1. Release Grant and all former and present partners, principals, employees, and insurers of Grant for all claims and liability discovered or accrued at any time arising out of any transaction between the City and ESM; and 2. Reduce the City's allowed net equity claim against the estate of the Debtor in an amount reflective of its receipt of the City's share of the proceeds paid under the Agreement and approve the reduction by the Trustee of his demand for judgment in Civil Action No. 85-6319--CIV-GONZALEZ in an amount re- flective of the receipt of the City's share of the proceeds paid under the Agreements and 3. Indemnify Grant and each former and present part- ner, principal and employee of Grant for any loss which any such Grant indemnitee incurs directly through payment upon either final judgment or com- promise which is specifically predicated upon a claim against such Grant indemnitee for the legal right of contribution or indemnity for sums previ- ously paid to the City by a defendant other than Grant or any other former or present partner, prin- cipal or employee. SECTION -2: This resolution shall become effective immediately upon adoption pursuant to the written terms of ,the Agreement. PASSED, ADOPTED AND APPROVED this day of,,;_,�, 1986. A2 , —,vnU -.. test: CITY CLERK/ a I HEREBY CERTIFY that I have approved the form and correctness of this Resolution. CITY A�TO RECORD OF CGUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN DIST. 4: V/M STEIN -2-