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HomeMy WebLinkAboutCity of Tamarac Resolution R-86-430Introduced by: _ Temp. Reso. #431¢ 1 2 3 4 4 7 8 9 10 11 12 13 14 15 16 IiB 19 20 21 22 23 24 25 27 28 29 32 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- ` —30 A RESOLUTION APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PUBLIC BODY CREDITORS ALLOCATION AGREEMENT WITH REGARD TO SETTLEMENT, BETWEEN WILDMAN, HARROLD, ALLEN, DIXON & MCDONNELL AND THE CITY OF TAMARAC, PERTAINING TO SETTLEMENT OF THE FIDATA TRUST COMPANY AND/OR AFFILIATES (COLLECTIVELY "BRADFORD") LITIGATION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council of the City of Tamarac hereby approves a Public Body Creditors Allocation Agreement With Regard To Settlement, between Wildman, Harrold, Allen, Dixon & McDonnell and the City of Tamarac, pertaining to settlement of the Fidata Trust Company and/or affiliates (collectively "Bradford") litigation; attached hereto and made a part hereof as Exhibit "A"; SECTION_-_2: That the appropriate City Officials are hereby authorized to execute said Agreement. EECT_iQN 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this2__!�_day of '� 1986. ATTEST: CAROL E. BARBUTO ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. A. X E TE CI ATTO EY 1101302/rms MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: V/M STELZER 0 DIST, 3: C/M GUTMAN DIST. 4: C/M STEIN SCHEDULE D • PUBLIC BODY CREDITORS ALLOCATION AGREEMENT WITH REGARD TO SETTLEMENT f'G - IS6 THIS ALLOCATION AGREEMENT among the signatories hereto is dated as of November pia , 1986. i WHEREAS, the parties hereto desire to compromise and avoid any disputes which may arise among .them from any party's assertion of priority or relative superiority of its claim to any proceeds recovered by settlement of claims against Fidata Trust Company and/or affiliates (collectively "Bradford"); and WHEREAS, the parties desire that such compromise be effected by fixing in advance the percentage share of any such recovery to be allocated to each party; and WHEREAS, the parties desire that the percentage share of each party shall be fixed according to the ratio that each party's remaining allowed net equity claim at the time of distribution bears to the total of all remaining allowed net equity claims of signatories (hereinafter "percentage share") in the Chapter 7 Estate of E.S.M. Government Securities, Inc. proceedings; and NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows: 1. Any proceeds, less the sum to Lead Counsel and for expense reimbursement as set Earth 3n paragraphs 9 and 10 of the Attorney -Client Agreement (deductions under paragraphs 9 and 10 shall not be applicable when calculating the distribution proceeds for Beaumont), recovered by the Public Body Creditors • through any settlement with Bradford shall be allocated among the parties according to a party's "percentage share" (hereinafter 114istri.b11t4cn proceeds") . Z. In the event there are unpaid at the time of distribution any fees or expenses, other than as provided in paragraph I above, pursuant to the Attorney -Client Agreement, such shall be deducted from the debtor party's share of "distribution proceeds". 3. In order to make distribution of the major porticn.of the proceeds as quickly as possible, Liaison counsel as Public Body Distribution Agent shall hold back $50,000.00 from the proceeds of the settlement to cover expenses not yet calculated or received prior to the date of initial distribution. Once all expenses have been finalized, each party's share of said expenses shall be deducted from the hold -back and the remaining proceeds will be distributed in accordance with this Agreement. 4. All matters and representations contained herein are solely for purposes of allocating in advance each Public Body Creditor's percentage, share of the ultimate proceeds recovered through any settlement with Bradford. Nothing herein shall constitute an admission or declaration of any kind by any party hereto in any proceeding. S. This Agreement may be executed in counterparts, oath of Mich shall be deemed an original and all of tivhich shall constitute one Agreement. By signing this Agreement, each party represents and warrants to all other parties that its execution of • this Agreement is duly authorized and in accordance with applicable laws relating to such, that this Agreement is fully • enforceable according to its terms against each executing party, and that the individual executing on its behalf has the requisite power and authority to do so. �. 'This ltgree nt shall be binding upon and shall inure to the benefit of the successors, legal and personal representatives, and assigns of the parties hereto. 7. WHEREFORE, the parties hereto have affixed their hands as of the date first above written. CITY OF BEAUMONT, TEXAS BY: CITY OF TOLEDO, OHIO • - BY: CLALLAM COUNTY, WASHINGTON BY: JEFFERSON COUNTY, WASHINGTON BY: PUBLIC UTILITY DISTRICT NO OF CLALLAM COUNTY, WASHINGTON BY: CHELAN COUNTY, WASHINGTON BY: 0 CLALLAM COUNTY PUBLIC UTILITY DISTRICT NO. 1, SELF INSURANCE - BY: CLARK COUNTY, NEVADA BY: CITY OF POMPANO BEACH, FLORIDA BY: BOARD OF EDUCATION, MEMPHIS CITY SCHOOLS BY: • CITY OFPAMARAC, LOT%lr.IA BY: 7 .!A- V -- -- M r4YO CITY OF HARRISBURG, PENNSYLVANIA BY: DAUPHIN COUNTY, PENNSYLVANIA BY: CITY OF AL ENTOWN, PENNSYLVANIA BY: