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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Harmon, City Clerk FROM: Victoria Mendez, City Attorney 13.G�2 DATE: February 22, 2021 RE: Resolution No. 21-0045 — Settlement— City of Miami v. Miami Marlins L.P. File No. 8300 At its January 28, 2021 meeting, the City Commission adopted the above referenced agenda item, RE.3, authorizing the settlement of 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. The item inadvertently published with an incorrect reference to the amount. The Legislation has been corrected and incremented to Revision A. VM/BLM/HJH/vj a Enclosure(s) � N o 117) — M City of Miami 1 i.RR .I Legislation alldl 1l+ 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: 212312021 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: i ria i ' ndez, Cify Attar ey 121112020 i • ria i dez, City Attor iey 2/22/2021 ' 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: 212312021 City of Miami 1 i.RR .I Legislation alldl 1l+ 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 ("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, AND MARLINS TEAMCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 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 $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:) Printed On: 211812021 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: i rla i "nd- e ttar ey 12/1/2020 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:) Printed on: 211812021