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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attorney ,j a DATE: January 28, 2021 RE: City Commission Meeting — December 10, 2020 Proposed settlement — Miami -Dade County and the City of Miami v. Miami Marlins LP and Marlins Teamco LLC., pending in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida Case No. 18-4718-CA-43. File No.: 8300 The proposed resolution seeks authorization to settle the claims presented by the City of Miami, as third party plaintiff, against Miami Marlins LP and Marlins Teamco LLC., in the minimum amount of $562,800.00, in the matter of City of Miami v. Miami Marlins LP and Marlins Teamco LLC. in the Circuit Court for the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 18-4718-CA-43. Attachment(s) cc. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator VM/BLM/HJH/vja Attachment(s) 8300 Scrivener's Error Memo 8300 Legislation -SUB City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 .p__R. ,• Resolution www.miamigov.com Enactment Number: R-21-0045 File Number: 8300 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 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 ria i "ndez, Cify Attor iey 12/1/2020 i ria i "ndez, City Attor iey 2/2212021 NOTE :1 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. NOTE 2: NOTE 2: Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of Original Revision ' 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.