HomeMy WebLinkAboutR-21-0045City of Miami
1 i.RR .I
Legislation
alldl 1lm
Resolution: R-21-0045
File Number: 8300
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ACCEPT AN OFFER TO SETTLE, NEGOTIATE, AND
EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN FORMS
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 WITH MIAMI—DADE COUNTY, MIAMI
MARLINS, L.P., A DELAWARE LIMITED PARTNERSHIP, AND MARLINS
TEAMCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN THE CASE
STYLED THE CITY OF MIAMI, ET AL. V. MIAMI MARLINS, L.P., A DELAWARE
LIMITED PARTNERSHIP, ET AL., PENDING IN THE CIRCUIT COURT FOR
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI—DADE COUNTY,
FLORIDA, CASE NO. 18-4718—CA-43.
WHEREAS, Miami -Dade County ("County"), Miami Marlins, L.P., a Delaware limited
partnership ("Partnership"), and the City of Miami ("City") entered into a Non -Relocation
Agreement ("Agreement") in April 2009 in connection with other agreements for the financing,
construction, and operation of a baseball stadium ("Stadium"); and
WHEREAS, Section 6 of the Agreement provides that, upon a sale of the Major League
Baseball ("MLB") franchise known as the Miami Marlins to a third party within a certain time
period, the new owner would pay to the City and the County, on a pro-rata basis predicated on
their respective financial contributions to the Stadium, a percentage of the net proceeds of the
sale that are attributable to any increase in value of the franchise; and
WHEREAS, on or about October 2, 2017, the Partnership sold the MLB franchise known
as the Miami Marlins to Marlins TeamCo, LLC, a Delaware limited liability company ("TeamCo");
and
WHEREAS, the parties dispute and disagree over the sufficiency, independence,
methodology, calculations, and conclusions set forth in a report delivered by the Partnership to
the County and the City on February 1, 2018 which is the subject of litigation in the case styled
City of Miami, et al. v. Miami Marlins, L.P., a Delaware limited partnership, et al., pending in the
Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No.
18-4718-CA-43 ("Lawsuit"); and
WHEREAS, the Partnershp and TeamCo (collectively, "Defendants") have offered to
resolve the City's claims by paying the City a minimum amount of $562,800.00; and
WHEREAS, pursuant to Section 35-255 of the Code of the City of Miami, Florida, as
amended ("City Code"), the provisions of Section 35-254(a) of the City Code related to the
Transportation Trust Fund do not apply to this settlement; and
City of Miami Page 1 of 2 File ID: 8300 (Revision: A) Printed On: 312312021
File ID: 8300
Enactment Number: R-21-0045
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 accept an offer to settle, negotiate, and
execute any and all settlement documents, all in forms 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 with the Defendants in the
Lawsuit.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1 1
i 4naindez, City Attor iey 12l112020 i ria i ' ndez, ity Hktor ey 2f22f2021
' 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 2 File ID: 8300 (Revision: A) Printed on: 3/23/2021