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Home My WebLink AboutR-02-1280J-02-976 11/07/02 RESOLUTION NO. 02-1280 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY.BILL KELLEY AS SURVIVING TRUSTEE OF COCONUT GROVE MARINE PROPERTIES, INC. THE SUM OF $650,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CASE OF CITY OF MIAMI VS. COCONUT GROVE MARINE PROPERTIES, INC., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-25455 CA (09), UPON DELIVERY OF (1) A WARRANTY DEED TO ALL REAL PROPERTY WHICH IS THE SUBJECT OF SUCH LAWSUIT, AND (2) A RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. WHEREAS, the City of Miami filed a lawsuit to quiet title to certain real estate against Coconut Grove Marine Properties, Inc., in the Circuit Court of the Eleventh Judicial District, Case No. 01-25455 CA (09), in Miami, Miami -Dade County, Florida; and WHEREAS, Coconut Grove Marine Properties, Inc. has a claim for Inverse Condemnation in connection therewith; and WHEREAS, the above claim has been investigated by the City Attorney's Office pursuant to Section 18-232 of the Code of the CITY COMMISSION NaEBTING OF DEC 1 2 2002 Resolution No. (� V2-1280 City of Miami, Florida, as amended, which created the City of Miami's Self -Insurance and Insurance Trust Fund and said Office recommends that the claim and lawsuit be settled for the sum of $650,000; 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 Director of Finance is authorized to pay Bill Kelley as Surviving Trustee of Coconut Grove Marine Properties, Inc. the sum of $650,000 in full and complete settlement of any and all claims and demands against the City of Miami, in the case of City of Miami vs. Coconut Grove Marine Properties, Inc., in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 01-25455 CA (09), upon delivery of (1) a warranty deed to all real property which is the subject of such lawsuit, and (2) a release for the City of Miami, its present and former officers, agents and employees from any and all claims and demands, with funds allocated from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.661. Page 2 of 3 02-1.280 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' PASSED AND ADOPTED this 12th day of December r 2002. MANUEL A. DIAZ, MAYOR aar:�pFa�i-- F ;d -Jz-�,:�Jon this legisla.01sa Qrl ,11 5��, so ar, orl becomes eflfectJvc iron) iir-,o daia o! wnmmis n -t; regarding same, without i1he o avor a vote. 4 ATTEST: P,-Acilia A. Thompson, City Cerk PRISCILLA A. THOMPSON CITY CLERK APPROVAS TRM AUKICORRECTNESS &D0 20 91 A W IV 0, A I R 0 rd 11 9 W kyj 702:tr:BSS:IT L If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 02-1280 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of teC FROM: Alejandro DATE: November 7, 2002 CA -16 RE: Proposed Settlement -City Commission Agenda -November 19, 2002 City of Miami vs. Coconut Grove Marine Properties, Inc. Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida Case No. 01-25455 CA (09) The attached proposed Resolution seeks authorization for the settlement of all claims in the above -referenced case, in the amount of $650,000. This settlement is recommended by the Law Offices of Mendez & Mendez, P.A., counsel engaged by the City Attorney to handle the litigation for this case. On January 30, 1974, a Final Judgment in Condemnation was entered in favor of the City of Miami against Coconut Grove Marine Properties, Inc., the record title holder of the real property located on South Bayshore Drive where Monty's restaurant is located. In 1999 a title examiner discovered an error in the legal description of the real property obtained by the City, in that Parcels 6 and 7 (see the attached sketch) were omitted. To attempt to clear the title problem related to Parcels 6 and 7, the City filed suit to reform the Final Judgment in Condemnation to include those two parcels. Coconut Grove Marine Properties, Inc. has a claim for Inverse Condemnation of the property. It is willing to accept a settlement of all claims in the amount of $650,000 and in exchange will deliver to the City a warranty deed to all property, including Parcels 6 and 7. Funds for the settlement in the amount of $650,000 will be allocated from the Self - Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.661. W779: BSS:IT Attachment c: Carlos A. Gimenez, City Manager Elvi Alonso, Agenda Coordinator 02-1280 %G PLS/• BOLI, •.® ,PSI DE. / IMUM MIAM- w rix e.4,vf / O?/S/NAL N/RN 7/DE �iwE �Pd e, Ps 44 �,ti , r�--t .� � �� t•�o a IO a� A 4 • P I P -� �l�/•4T/QA/ QVEN�/E i c vE �C4610WOA-E-. .._.... �. �/BHT .. .' - -- • � • - � - • • .' .. .. - ``.�..� 1 .. srpdcruQE CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Marcelo Penha, Acting Director, Department of Management and Budget Elliot Fixler, Consultant, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attorney DATE: November 7, 2002 RE: Proposed Settlement -City Commission Agenda-] December 12, 2002 City of Miami vs. Coconut Grove Marine Properties, Inc., in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 01-25455 CA (09) (J-02-976) Attached is a copy of Resolution scheduled for the City Commission Meeting of November 19, 2002 authorizing settlement in the amount of $650,000 in the case of City of Miami vs. Coconut Grove Marine Properties, Inc., in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 01-25455 CA (09). Funds are available from the Self -Insurance and Insurance Trust Fund, Account Code No. 515001.624401.6.661. Please indicate your review and approval below by affixing your signature and return this original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as possible. REVIEW AND APPROVAL BY THE RISK MANAGEMENT DIVISION: ELLIOT FDCL R RISK MANAGEMENT CONSULTANT W780:BSS Attachment REVIEW AND APPROVAL BY THE DEPARTMENT OF MANAGEMENT AND BUDGET: MARCELO PENHA ACTING DI'p 160m a"W"IDWAM to tnuomA 02-1280