HomeMy WebLinkAboutR-20-02400FCity of Miami
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Legislation
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l ° R I° Resolution: R-20-0240
File Number: 7404
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITHOUT ADMISSION OF
LIABILITY, IN SETTLEMENT OF THE CLAIMS AND DEMANDS, INCLUDING
ALL CLAIMS FOR ATTORNEYS' FEES, AS MORE SPECIFICALLY DETAILED
IN THE SETTLEMENT AGREEMENT, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED 3384 DAY
AVENUE INVESTMENTS, INC. VS. CITY OF MIAMI, PENDING IN THE
CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 2019 -23993 -CA -11.
WHEREAS, on August 14, 2019, 3384 Day Avenue Investments, Inc. ("Plaintiff') served
a lawsuit against the City of Miami ("City") in the Circuit Court for the Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, Case No. 2019 -23993 -CA -11; and
WHEREAS, the litigation arises from a dispute between the Plaintiff and the City
stemming from existing violations of the Florida Building Code ("Building Code") and Ordinance
No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Zoning Code"), on
the property located at 3374 Day Ave, Miami, Florida 33133 ("Property") and an abutting
property located at 3384 Day Ave, Miami, Florida 33133 ("Abutting Property"), both owned by
the Plaintiff; and
WHEREAS, the aforementioned violations of the Building Code and Zoning Code on the
Property and the Abutting Property were rooted in the April 5, 2016 release of a unity of title
between the two (2) properties by the City, which was erroneous and based in large part on
misrepresentations contained in the Plaintiffs application to release the unity of title; and
WHEREAS, the release of the unity of title resulted in a situation where the existing
structure on the Abutting Property was located directedly on the newly formed property line, with
no set back as required under the Zoning Code; and
WHEREAS, although plans for a new structure on the Property were approved with the
minimum five-foot (5") set back required under the Zoning Code, because the structure on the
Abutting Property is located directly on the property line, the construction of the new structure
on the Property resulted in a number of life -safety related Building Code violations because of
the sheer lack of physical distance between the two (2) structures; and
WHEREAS, when the City became aware of the existing Zoning Code and Building
Code violations on the Property and the Abutting Property, the Building Official placed a hold on
the building permit for the new structure on the Property ("Property Permit"); and
WHEREAS, the Plaintiff then filed the instant lawsuit, seeking mandamus relief from the
court to force the City to lift the Building Official's hold on the Property Permit; and
City of Miami Page 1 of 3 File ID: 7404 (Revision:) Printed On: 812412020
File ID: 7404 Enactment Number: R-20-0240
WHEREAS, the litigation in this matter is presently stayed pending proceedings before
the Miami -Dade County Board of Rules and Appeals ("BORA"); and
WHEREAS, in lieu of proceedings before BORA, the parties have mutually negotiated a
settlement agreement that would address the life -safety issues created by the Building Code
violations present and protect the interests of the City with respect to the existing Zoning Code
violations with respect to any future development on the Abutting Property; and
WHEREAS, the parties have agreed that (1) the Plaintiff shall, within thirty (30) days of
the execution of the settlement agreement, submit the pre -approved and jointly negotiated plans
for modifications to the existing structure on the Abutting Property for a permit ("Abutting
Permit") in order to address the life -safety related Building Code violations now present on both
the Property and the Abutting Property; (2) the City shall, within forty-eight (48) hours of the
submission of the above-mentioned plans, lift the hold on the Property Permit for the
construction of the new structure on the Property; (3) the Plaintiff shall complete the work under
the Abutting Permit within twelve (12) months; (4) notwithstanding the release of the unity of
title, the Plaintiff shall not convey or sell separately the Property or the Abutting Property, except
for leases not to exceed twelve (12) months, until the work contemplated in the Abutting Permit
is completed; and (4) the Plaintiff shall execute and record a restrictive covenant running with
the land for the Abutting Property within thirty (30) days of the execution of the settlement
agreement providing that in the event of the demolition of the existing structure on the Abutting
Property, any new structure on the Abutting Property will be constructed in compliance with the
Building Code and Coning Code, both as amended; and
WHEREAS, the parties have agreed to execute a written settlement agreement
memorializing the terms of the settlement; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and
recommends that said claim and lawsuit be settled for the terms summarized above and as
memorialized in a written settlement agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to execute any and all settlement
documents, all in forms acceptable to the City Attorney, without admission of liability, for
settlement of the Plaintiff's claims against the City, its agents, officers, and employees in the
case styled 3384 Day Avenue Investments, Inc. vs. City of Miami, pending in the Circuit Court
for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 2019 -23993 -
CA -11.
Section 3. This Resolution shall become effective immediately upon its adoption
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 7404 (Revision:) Printed on: 8/24/2020
File ID: 7404
APPROVED AS TO FORM AND CORRECTNESS:
i ria ndez, Cify Attor iey 5/5/2020
Enactment Number: R-20-0240
City of Miami Page 3 of 3 File ID: 7404 (Revision:) Printed on: 8/24/2020