...Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Docket No.: Not Applicable
Claimant: Blau & Blau Attorneys at Law
Claimant's Attorney: Not Applicable
Settlement Amount: $1,693,961.72
Funding Source: Business Unit: NW045; Account: 94710|Fund: 045| Dept: 18G| Budget Reference: B2018; Project: 18B00 |
Additional Information:
Deferred 7R6-f 031925
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Whereas, the City of Newark (the “City”) utilized the legal services of Blau & Blau Attorneys at Law, 223 Mountain Avenue, Springfield, New Jersey 07081, for reverse tax appeals; and
WHEREAS, there remains an outstanding balance for the legal services provided to the City; and
WHEREAS, to avoid the costly expense of litigation, the City’s Corporation Counsel, on behalf of the City, desires to amicably resolve this matter with payment by the City in exchange for the execution of a Settlement Agreement and Release; and
WHEREAS, a settlement proposal has been made to resolve this pre-litigation matter in its entirety by payment in the total amount of One Million, Six Hundred Ninety- Three, Nine Hundred Sixty-One Dollars and Seventy-Two Cents ($1,693,961.72) (“Settlement Sum”) and execution of the Settlement Agreement and Release, in the form attached hereto, as full and complete release of this matter; and
WHEREAS, the Corporation Counsel, based upon all facts and circumstances presented, deems it is in the best interest of the City to resolve said matter by payment of the proposed Settlement Sum and execution of the Settlement Agreement and Release.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City of Newark’s Corporation Counsel (Corporation Counsel) is hereby authorized on behalf of the City of Newark (“City”) to enter into, execute, and accept the terms of the Settlement Agreement and Release, attached hereto.
2. Upon receipt by the Corporation Counsel of all documents deemed necessary, the Director of the Department of Finance is hereby authorized and directed to issue payment in the amount of One-Million, Six Hundred Ninety- Three Thousand, Nine Hundred Sixty-One Dollars and Seventy-Two Cents ($1,693,961.72), which payment will be made payable to: Blau & Blau Attorneys at Law,223 Mountain Ave, Springfield, New Jersey 07081.
3. A Certification of Funds shall be issued by the Director of the Department of Finance, which states that there are available sufficient legally-appropriate funds from the Tax Appeal Refunding Bond and the line to be charged is as follows: Business Unit NW045, Dept. ID 18G, Division/Project 18B00, Account # 94710, and Business Reference: B2018, for the purpose set forth herein.
4. A copy of the Comptroller’s Certification shall be filed in the Office of the City Clerk along with this Resolution by Corporation Counsel.
5. The Corporation Counsel shall file a fully executed copy of the Settlement Agreement and Release in the Office of the City Clerk.
6. This Resolution shall be effective upon adoption in accordance with applicable State Law.
7. The Settlement Agreement and Release and Resolution does not admit, nor should it be construed as an admission of liability or violation of any law, statute or regulation or a breach of any duty by the City of Newark, its agents, officers and/or employees whatsoever and is entered into based upon the recommendation of the Corporation Counsel and to eliminate all risks and future litigation costs.
STATEMENT
This Resolution authorizes the Corporation Counsel on behalf of the City of Newark to enter into and execute a Settlement Agreement and Release to settle the outstanding fees in the total sum of $1,693,961.72, in exchange for a complete release of any potential claims against the City of Newark arising out of the provision of said legal services.