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HomeMy WebLinkAboutItem #11 Approval of Settlement Agreement - Alexander Joseph Antolic Irrevocable Special Needs Trust Y ViWidir OCOPP florida AGENDA ITEM COVER SHEET Meeting Date: February 6, 2018 Item # I Reviewed By: Contact Name: 4)Chief Charles J. Brown Department Director: C. Brown Contact Number: 407-905-3022 City Manager: R. Frank Subject: Settlement Agreement—Alexander Joseph Antolic Irrevocable Sp 'al Needs Trust Background Summary: The Ocoee Police Department is a Member Agency of the Metropolitan Bureau of Investigation (MBI). On August 23, 2012, MBI was named as a beneficiary of the Alexander Joseph Antolic Irrevocable Special Needs Trust. A lawsuit has been filed in the Ninth Judicial Circuit in and for Orange County over a dispute related to the disbursement or non-disbursement of trust funds to Alexander Joseph Antolic, which named MBI and its Member Agencies a party. This was solely based on MBI being named as a remainder beneficiary of the Trust. This settlement agreement releases MBI and its Member Agencies from any and all claims, debts, liabilities, damages, causes of action, attorneys' fees, costs or lawsuits related to this lawsuit. It also releases MBI and the Member Agencies as a party to the pending lawsuit. There is no financial impact to the City. Issue: Should the Honorable Mayor and Board of City Commissioners approve the Settlement Agreement for the Alexander Joseph Antolic Trust lawsuit? Recommendations Staff recommends the approval of the Settlement Agreement for the Alexander Joseph Antolic Trust lawsuit which releases MBI and its Member Agencies, which includes the Ocoee Police Department, from pending litigation. Attachments: 1) Settlement Agreement - Alexander Joseph Antolic Irrevocable Special Needs Trust Financial Impact: None Type of Item: (please mark with an`k') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Robin Drage, Outside Counsel x N/A Reviewed by Finance Dept. N/A Reviewed by N/A 2 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 2017-CA-003854 NANCY THURMOND, as attorney in fact for ALEXANDER JOSEPH ANTOLIC; NANCY THURMOND, individually, Plaintiff, vs. RICHARD TAMI, as Trustee of the Alexander Joseph Antolic Irrevocable Special Needs Trust dated August 23, 2012, KENNETH Hamner, as Successor Trustee of the Alexander Joseph Antolic Special Needs Trust dated August 23, 2012; and MEMBER AGENCIES OF METRO- POLITAN BUREAU OF INVESTIGATION, a Multi-agency task force for the Ninth Judicial Circuit Defendants, SETTLEMENT AGREEMENT This Settlement Agreement, (hereinafter the "Agreement"), is stipulated and entered into by and between the parties who are: Nancy Thurmond, individually and as attorney-in-fact for Alexander Joseph Antolic, on the one hand, and the individual member agencies of the Metropolitan Bureau of Investigation (MBI) on the other hand, each party affirming this agreement, and the collective terms and conditions set forth below. 1. The Metropolitan Bureau of Investigation is a multi-agency task force comprised of eleven agencies and collectively referred to as "Member Agencies of the MBI", (hereinafter "Member Agencies" in the Agreement). The agencies comprising the "Member Agencies" include: the Orange County Sheriff's Office, the Orlando Police Department, the State Attorney's Office of the Ninth Judicial Circuit, the Osceola County Sheriffs Office, the Florida Department of Law Enforcement, the City of Winter Park Police Department, the City of Apopka Police Department, the City of Ocoee Police Settlement Agreement Case No. 2017-CA-003854 Page 2 Department, the City of Winter Garden Police Department, the University of Central Florida Police Department, and the Florida Highway Patrol. Each individual agency accepts service, and litigates civil actions in which MBI or MBI Member Agencies are a defendant. 2. This Agreement is for the purpose of resolving all claims, liabilities, and disputes between the Parties. Ms. Thurmond, individually and as Attorney-in-fact for Alexander Antolic, and the Member Agencies of the Metropolitan Bureau of Investigation shall be referred to as the "Parties" for the remainder of this document, with the Parties agreeing to the following: 3. MBI is the remainder beneficiary of the Alexander Joseph Antolic Irrevocable Special Needs Trust dated August 23, 2012, (hereinafter the "Trust"). Alexander Antolic is the sole current beneficiary of the Trust. Richard Tami, is the trustee of the Trust. A lawsuit styled Thurmond vs. Tami, Case No. 2017-CA-003854 has been filed in the Ninth Judicial Circuit in and for Orange County, Florida over a dispute related to the disbursement or non-disbursement of trust funds to Alexander Joseph Antolic. MBI and the Member Agencies of the Metropolitan Bureau of Investigation, a co-grantor of the Trust, were named as a party to the lawsuit solely based on the Metropolitan Bureau of Investigation being named as a remainder beneficiary of the Trust. 4. The Parties, without conceding any claim or defense, agree to resolve and settle all claims, disputes, and differences between the Parties. 5. Upon execution of this Agreement, Nancy Thurmond, individually and as Attorney-in-fact, for herself, heirs including Alexander Joseph Antolic, executors, administrators and assigns, does hereby release and forever discharge MBI and the "Member Agencies" from any and all claims, debts, liabilities, damages, causes of action, attorneys' fees, costs, or lawsuits that she has, whether known or unknown, and whether including but not limited to all claims in the lawsuit pending in the Ninth Judicial Circuit in and for Orange County, Florida, and any and all claims arising out of, or related to the Trust from the beginning of time to the date of this agreement. Additionally, Ms. Thurmond shall cause the lawsuit to be dismissed with prejudice as to Settlement Agreement Case No. 2017-CA-003854 Page 3 MBI and the Member Agencies, each paying their own fees and costs. Ms. Thurmond, as attorney in fact for Alexander Antolic, specifically waives any claims and all claims against MBI and the Member Agencies for attorney's fees and costs. 6. MBI and the Member Agencies do hereby release and discharge Ms. Thurmond, individually, or as attorney-in-fact to Alexander Joseph Antolic, and Alexander Joseph Antolic, for and from any and all claims, debts, liabilities and damages, causes of actions, attorney fees, costs, or suits that the MBI and/or each Member Agencies whether known or unknown, whether developed or undeveloped, in law or in equity, by reason of any and all matters whatsoever, including but not limited to all claims they may have in the lawsuit pending in the Ninth Judicial Circuit in and for Orange County, Florida, and any and all claims arising out of or related to the Trust. MBI and the Member Agencies renounce any interest in the trust, specifically all interest held as remainder beneficiary. MBI and the Member Agencies release Richard Tami, as Trustee of the Trust, or any successor Trustee, from the duty of providing any accountings to MBI. Upon execution of this agreement, all Parties agree that MBI and MBI Member Agencies will have no interest whatsoever in the trust and shall not be made party to any further proceedings involving the Trust. MBI and the Member agencies further take no position on any pending litigation or disputes between the trustee Tami and the Plaintiff Nancy Thurmond. 7. This Agreement does not constitute and shall not be construed as, an admission to the validity of any claims asserted or contentions advanced by any other Party. 8. This Agreement is in full force and effect upon execution by the Parties. However, this Agreement is not considered executed by MBI or the Member Agencies until all eleven Member Agencies have signed the individual signature pages. The Agreement with one, some, or most of the signatures is unenforceable and void. 9. Each party shall bear their own attorney's fees costs and the Parties waive and release any claims they otherwise have or may have had against any Counter-party to this Agreement to such costs and attorneys' fees. 10. This Agreement is entered into in the State of Florida and the Agreement Settlement Agreement Case No. 2017-CA-003854 Page 4 and any, rights, remedies or obligations provided for in this Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 11. This Agreement shall be construed as if all Parties prepared it, and any uncertainty or ambiguity in the Agreement shall not be interpreted against one Party. 12. This Agreement shall not be altered, amended, or modified by oral representation made before or after the execution of this Agreement. All modifications must be in writing and duly executed by all Parties. 13. All Parties waive the right to a jury trial should any action be commenced to enforce the Settlement Agreement. 14. The provisions of this Agreement are severable. If any portion, provision or part of this Agreement is held, determined or adjudicated to be invalid, unenforceable or void, for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions of the Agreement, and shall not affect the validity or enforceability of any remaining portions, provisions or parts. 15. The Parties acknowledge that this Agreement is executed voluntarily by each of them, without duress or undue influence on the part of, or on behalf of any of them. 16. The Agreement shall be effective as a full and final accord and satisfaction and release of all disputes or matters whatsoever between or among the Parties. 17. This Agreement constitutes a single, integrated, written contract expressing the entire understanding and Agreement between the Parties, and the terms of the Agreement are contractual and not merely recitals. 18. There is no other Agreement, written or oral, expressed or implied, between the Parties with respect to the subject matter of this Agreement and the Parties declare and represent that no promise, inducement or other agreement not expressly contained in this Agreement has been made conferring any benefit upon them. 19. The individuals whose signature are affixed to this Agreement in a representative capacity represent and warrant that they are authorized to execute the Agreement on behalf of , and to bind the entity on whose behalf the signature is affixed. 20. This Agreement may be executed in counterpart, with facsimile Settlement Agreement Case No. 2017-CA-003854 Page 5 signatures, or in a portable document format (.pdf) and all such counterparts shall constitute a single form of this Agreement. All Parties agree that a true and correct copy of this Agreement shall be as effective as the original. I certify and swear that I have read and agreed to the above Settlement Agreement, consulted with my attorney, and agree to its terms and the truth of the facts within the Agreement, and have authority to authorize its terms: BY: Dated: NANCY THURMOND I certify that the my client Nancy Thurmond has knowingly agreed to the above terms, and executed this Settlement Agreement. BY: Dated: Page 6 through page 16 comprise the individual Member Agencies' signature pages. CITY OF OCOEE By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk Ocoee Police Department (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON , 2018 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney