HomeMy WebLinkAboutR-00-1078J-00=1083
12/5/00
RESOLUTION NO. �9
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AUTHORIZING THE CITY
MANAGER TO ACCEPT AND EXECUTE A SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, ACCEPTING THE SUM OF $2,718.63, IN
FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS, FOR THE CASE OF
DECOMA MIAMI ASSOCIATES; LTD. VS. CITY OF
MIAMI AND THE MIAMI SPORTS AND EXHIBITION
AUTHORITY, IN THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 96-12055 CA (04), UPON
THE EXECUTION OF A RELEASE LIMITED TO THE
DECOMA LAWSUIT AND THE LAND LEASE
AGREEMENT RELEASING THE CITY OF MIAMI AND,
DMAL, ITS PRESENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND DEMANDS.
WHEREAS, on October 1, 1999, a Final Judgment was entered in
favor of the City of Miami (the "City"), but against the Miami
Sports and Exhibition Authority (the "MSEA") in the lawsuit of
DECOMA MIAMI ASSOCIATES, LTD. VS. CITY OF MIAMI AND THE MIAMI
SPORTS AND EXHIBITION AUTHORITY, in the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, Case No. 96-12055 CA (04);
and
WHEREAS, on February 17, 2000, the City, as the prevailing
party, filed a motion to tax costs against Decoma Miami
Associates, Ltd. ("DMAL"), in the amount of $8,877.58; and
A'IN S7
CONTAINED
CITY COMMISSION
MEETING OF
DEC 1 4 2000
Resolution No.
•
WHEREAS, DMAL opposed the motion arguing that the maximum
allowable costs should not exceed $2,718.63;. and
WHEREAS, on or about July 29, 2000, the MSEA and DMAL
entered into a settlement, however, DMAL's cross -appeal against
the City was not affected by the settlement; and
WHEREAS, DMAL has offered to settle the remaining litigation
including the appeal against the City subject to certain terms
and conditions as set forth in said Settlement Agreement;
WHEREAS, the City Attorney's Office recommends that said
lawsuit be settled for the sum of $2,718.63;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to
accept and execute a Settlement Agreement, in substantially the
attached form, accepting the sum of $2,718.63,. in full and
complete settlement of any and all claims and demands, for the
case of DECOMA MIAMI ASSOCIATES, LTD. VS. CITY OF MIAMI AND THE
MIAMI SPORTS AND EXHIBITION AUTHORITY, in the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Case
Page 2 of 3 , a 7 00
No. 96-12055 CA (04) , upon the execution of a release limited to
the Decoma Lawsuit and the Land Lease Agreement releasing the
City of Miami and DMAL, its present and former officers, agents
and employees from any and all claims and demands.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor
PASSED AND ADOPTED this 14th day of December / 2000.
JOE CAROLLO, MAYOR
In a=xhnce with Miami Code See. 2-36, since the Mayor did not indleate apnr-n-?i of
Uhis le ng it in the designated placq t '�— I
&Ialion by signi� Q1 : ri,)-�!idad, sabJ �er*, d,
becc,mes feffective with the elap3e of lbon -t (10) i th-L CULLe on
regarding same, without the May , Ex rct
ATTEST:
alter �JFo �-.Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVER-'ASJO FQAND CORRECTNESS:t'
PDRU VI14WELLO
ATTORNEY
W4908:BSS
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.
Q
Page 3 of 3 UU-100
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i ®SETTLEMENT AGREEMEN-c
2 THIS SETTLEMENT AGREEMENT (hereinafter "Agreement") is made as of this _ day of
3 November, 2000, by and among
4
5 DECOMA MIAMII ASSOCIATES, LTD. ("DMAL` ), a Florida limited partnership, and
6 its sole general partner DECOMA, LTD., a Texas limited partnership, which are
7 plaintiffs in the case styled Decoma Miami Associates, ltd, a Florida limited
8 partnership, by and through its general partner Decoma, Ltd,, a Texas limited
9 partnership, versus Clay of Miami, a Florida munidpal corporation, and Miami
10 5portsendE.%fi1bitionAuthorfty, an authorityceaf ed pursuant to Flot7da statute
11 by the City of Miami, Case No. 96-12055 (CA 04)
12
13 - and -
14
1s THE CITY OF MIAMI ("City-), a Florida municipal corporation, which is one of the
16 defendants in the case styled Decoma MiarniAwacfates, Ltd., a Florida lirnitred
17 partnership, by and through its genera/partner Decoma, Ltd,, aTexas /invited
is partnership, versus Ciiy of Miami, a Florida municipal corporation, and Miami
19 Sportsandt xhibitionAuthority an author7tyc reatedpursuanttoFlorida sWtrihe
20 by die City of Miami, Case No. 96-12055 (CA 04).
21
22 RECITALS
23
24 WHEREAS, the plaintiff DMAL, by and through its general partner Decoma, Ltd., filed a
25 lawsuit in the Circuit Court for Miami -Dade County, Florida, styled Decoma MlamiAssociates,
26 Ltd,, a Florida lm/ted partnership, by and through its general partner Decoma, Ltd,, a Texas
27 lim/ted partnership, versus C/tyofMiaml, a Florida municipal colporatlon, and Miami Sports and
28 Exhibition Authority, an authority created pursuant try fiorlda statute bythe CityofMiaml, Case
29 No, 96-12055 (CA 04) (the "Lawsuitj; and
30
31 WHEREAS, a Final Judgment dated October 1, 1999 was entered in the Lawsuit, and is
3 2 presently on appeal to the District Court of Appeal of Florida, Third District, Appellate Case No_
33 3D 00-127 (the "Appeal'); and
34
35 WHEREAS, the parties hereto have determined that it is in each of their best interest and
36 desire to resolve things as between themselves, including resolution of the Lawsuit and the
37 Appeal as between themselves, pursuant to the terms of this Agreement and in lieu of
38 proceeding with further litigation between themselves; and
39
40 WHEREAS, prior to entering into this Agreement, the parties hereto each had an
41 opportunity to have, and in fact had, their own separate counsel review this Agreement with
42 them and explain to them their respective rights and obligations under this Agreement, as well
43 as the legal effect of this Agreement
44
45 NOW,THEREFORE, in consideration of the mutual promises and agreements hereinafter
46 set Forth, the parties hereto covenant and agree as follows:
47
48 1. IRe i ls: The foregoing recitals are true and correct
Page 1 of 6 Printed; October 26, zOpO
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i 2. artier; This ment, including all of the obligations that it creates and the
.2 benefits that it confers, I be binding on and inure to the ber&of the parties hereto, as
3 well as any and all of their predecessors, successors, and assigq97'
4
5 3. Releases, The parties hereto shall execute releases in the forms attached hereto as
6 Exhib 1 and Dchibit 2. The executed releases shall be given to counsel, who will hold the
7 releases in escrow and deliver them to the parties being released as soon as payment of the
8 $2,718.63 to the City is delivered by DMAL in accordance with the following paragraph 4.
9
10 4. Withdrawal of Motion to Tax Costs, Within 3 business days after the effective date
I of this Agreement, DMAL shall deliver to the offices of the Clty's counsel, Hogan & Hartson LLP,
12 One Biscayne Tower, Suite 1500, Two South Biscayne Blvd., Miami, Florida, payment in the
13 amount of $2,718.63 by check payable to "the City of Miami". Within 3 business days after
14 DMAL has delivered payment of the $2,718.63 to the City in this manner, the City will withdraw
is with prejudice its motion to tax costs that is presently pending in the Lawsuit.
l6
17 5. Stipulation for Dlsnt ssal of Appeal. Within 3 business days after DMAL has
18 delivered payment of the $2,718.63 to the City as provided in the foregoing paragraph 4,
19 DMAL and the City, through their respective counsel, will have executed and filed a stipulation
20 for dismissal of the Appeal in the form attached hereto as Exhibit 3.
21
22 G. Return or Destruction of Confidential bocunte tU. Within 90 days after the
23 effective date of this Agreement, all documents designated as "Confidential Documents" under
24 the terms of the Stipulation and Protective Order Regarding Confidential Documents entered
25 on June 9, 1998, including all copies made of Confidential Documents or any portions thereof,
26 shall be returned to the Stipulating Parties who produced such Confidential Documents or
27 certified by counsel holding such copies as having been destroyed. Counsel for the Stipulating
28 Parties shall make certification of the return or destruction of Confidential Documents in writing
29 and deliver same to all counsel of record.
30
31 7. Good Faith. The parties hereto agree to cooperate in good faith to the extent
32 necessary to effectuate all terms and conditions of this Agreement in an expeditious manner,
33 including the execution of all documents that are necessary to efi'ectuate the terms of this
34 Agreement even if such documents are not specifically called for by this Agreement.
35
36 S. Continuing Jurisdiction. The parties hereto agree that the Court which presided
37 over the lawsuit shall have continuing jurisdiction to resolve any disputes between them that
38 concern construction or enforcement of this Agreement. The parties further agree to be
39 subject to the jurisdiction and venue of the Circuit Court in and for Miami -Dade County, Florida,
40 for purposes of resolving any such disputes.
41
42 9. Waiver. The parties hereto agree that a waiver of any one breach of this Agreement
43 by any of the parties hereto shall not be deemed to waive any other breach of the same or any
44 other provision of this Agreement.
45
4 6 10. Florida Law. This Agreement shall be interpreted under and governed by the taws of
47 the State of Florida, exclusive of the choice of law provisions thereunder.
48
Page 2 of 6 Print= Othober 26, 2000
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i 11. Ambiguity. Th ^arties nereto and their respective coupve reviewed and revised
2 this Agreement. Accor, the rule of construction to the effet any ambiguities are to
3 be resolved against the drafting party shall not be employe* asserted in the later
4 disagreement regarding Interpretation of any of its terms.
5
6 12, Entire Agreement. This Agreement together with its Exhibits embodies and
7 represents the full agreement of the parties hereto relating to the matters addressed herein,
s supersedes any and all prior agreements and understandings, if any, whether oral or written,
9 relating to the matters addressed herein between or among any of these parties, and shall not
10 be modified unless in a writing signed by all the parties. The parties hereto expressly disclaim
11 any reliance on any repressentations, whether oral or written, that are not included within the
12 terms of this Agreement and attached Exhibits. This Agreement shall be binding upon the
13 parties hereto and their predecessors, successors and assigns immediately upon its signing.
14
15 13. Ranagraph Headlines. The headings of the paragraphs of this Agreement are
16 inserted only For ease of reference, and the parties hereto recognize and agree that these
17 headings may not adequately or accurately describe the contents of the paragraphs which they
1e head. Such headings shall not be deemed to govern, limit, modify, or in any manner affect the
19 scope, meaning, or intent of the provisions of this Agreement or any part or portion thereof,
20 nor shall they otherwise be given any legal effect.
21
22 14. Effective Date and Location of Agreement. The parties hereto agree that this
23 Agreement may be executed in several counterparts in the State of Florida, and that facsimile
24 copies may be utilized in lieu of originals, However, the parties further agree that each of said
25 counterparts shall be deemed an original and that said counterparts shall constitute but one
26 and the same instrument which may be sufficiently evidenced by one counterpart. The parties
27 also agree that while this Agreement may be executed on various dates and in different
28 locations, the effective date of this Agreement is the date referenced above on which it was
29 made, and this Agreement will be treated as having been made and executed in Miami -Dade
30 County, Florida,
31
32 15. Severability. Every provision of this Agreement is intended to be severable. if any
33 term or provision is determined to be illegal or invalid for any reason whatsoever, such Illegality
34 or invalidity shall not affect the validity of the remainder of this Agreement.
35,
36 IN WrTNESS WHEREOF the parties hereto have personally executed this Agreement or
37 have caused this Agreement to be executed by a duly authorized officer and agent.
38
39 [Remainder of this page intentionally left blank
40 and followed by three (3) signature pages.]
4x
Page 3 of 6 PrWad; October 26, 2000
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hrom-mwm b MAKISUN,L.L r JUD d(Z HZI I-Vit N.UU(iUly r yci
DEcomA MIAMI AssoctATEs��.
By:
Print Name:
Title:
Witness
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF BROWARD }
The foregoing instrument was acknowledged beFore me this day of November, 2000,
by , who is personally known to me or who produced Florida
Driver's Ucense Number , as identification, and who executed the
foregoing instrument as the duly authorized agent of and on behalf of DEcoMA MIAMI
AssocIATEs, LTD.
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Page 4of6
Printed: Qcteber 26, 2000
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12:37pm hrOM—MUUAN & MARISUN,L.L.r Ju5 J([ buzi I—Vib r.UUVUIi 11-b4i
0 DEcomr LTD. t
By:
Print Name:
Title:
Witness
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of November, 2000,
by . who is personally known to me or who produced Florida
Driver's license Number . as identification, and who executed the
foregoing instrument as the duly authorized agent of and an behalf of DEcoMA, LTD.
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Nntee: ocbber 26, 2000
Page 5 of 6
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Witness
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF MIAMI-DADE )
305 372 8921'
THE (STY OF MftMl
By:
Print Name:
Title:
The foregoing Instrument was acknowledged before me this day of November, 2000,
by . who is personally known to me or who produced Florida
Driver's License Number , as identification, and who executed the
foregoing instrument as the duly authorized agent of and on behalf of THE CITY OF MIAMI.
129316.2
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Page 6 of 6 Prinbed: October 26, 2000
Uri-101is
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® RELEASE
KNOW ALL PERSONS by these presents that the CI'1Y OF MMMI, a Florida
mw.iicipal corporation and any of its present and fbmaer representatives, employees, agents,
agencies, predecessors, successors, assigns, insurers, administrators, officers, commission
members, directors, stockholders, contractors, heirs, executors and subsidiary entities
(referred to herein as "Releasors"), for good and valuable consideration, the receipt and
sufficiency ofwhich is hereby acknowledged, do hereby fully remise, release, acquit, satisfy,
and forever discharge Dr, -COMA MIANII ASSOCIATES, LTD, ("DMAV ), a Florida
limited partnership, and its sole general, partner DECOMA, LTD., a Texas limited
partnership, and any and all of the two limited partnerships' present and former partners,
representatives, employees, agents, affiliates, predecessors, successors, assigns, insurers,
administrators, officers, board membets, directors, stockholders, contractors, heirs, executors
and subsidiary entities (referred to herein as the "Released Partics") as further discussed
below, from all, and all manner of, action and actions, cause and causes of action, suits,
debts, dues, .sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, controversies, agreements, promises, variances, trespasses, damages, punitive
damages, judgments, cxccutioas, claims, and demands whatsoeverwhich the Releasors ever
had, now have, might have had, or may in the future have against the Released Parties or any
of them, known or unknown, mature or contingent, direct and/or indirect, for, upon, or by
reason of, based upon, or arising in connection with any act, omission, matter, transaction,
Page 1 of 4
EXHIBIT 1
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cause, or thing whatsoe®1 complained dfer which cou
ld hateen complained of in the
Complaint and subsequent pleadings styled Decoma Mia'ni Associates, Ltd., a Florida
limited piutncrship, by and through its general partner Decoma, Ltd., a Texas limited
partnership vs. City of Miami, a Florida municipal corporation, Case No. 96-12055-CA 04,
in the Circuit Court ofthe Eleventh Judicial Circuit, in and for Miami -Dade County, Florida,
or (2) otherwise based upon or arising in connection with that certain Land Tease Agreement
dated October 10, 1986; provided however, that the settlement agreement pursuant to wh ich
this Release is delivered is not hereby released. The parties to this Release understand and
hereby agree and represent that all of the aforesaid claims, past, present, or future, are
disputed and that this full and final settlement ofall claims shall never be treated as evidence
of liability nor as an admission of liability or responsibility, at any time, or in any manner
whatsoever.
It is expressly understood and alrecd that this Release does not release, or in any other
manner affect, any of the contractual obligations imposed upon Decoma Miami Associates,
Ltd., Decorna, Ltd. and Miami Sports and Exhibition Authority under the terms of that
written Settlement Agreement that was executed and entered into among Decoma Miami
Associates, I,td., Decoma, Ltd. and Miami Sports and Exhibition Authority in ,Tune, 2000,
all of which shall survive this Release.
The Releasors warrant that they have bad the advice of counsel concerning the effect
of the signing and delivery of this Release, 'the Relcasors also warrant and represent that in
Page 2 of 4
00lio 7s
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executing this Release yhave carefuU°y reviewed and fu%l Understand
and the consents
bereof, and have freely and voluntarily caused their authorized representative to execute this
Release with full and complete authority to do so.
The Releasors further warrant and repiresenithat ao other person, political subdivision,
or other legal entity has any right or interest in the matters released herein, and that Releasors
have not assigned or transferred or purported to assign or transfer to any person, political
subdivision, or other legal entity all or any portion of the matters released herein.
This Release shall be governed by, construed and enforced in accordance with the
laws of the State of Florida.. The effective date of this Release shall be the date on which it
has been executed below.
IN WITNESS WHEREOF, the Releasors caused this Release to be executed and
inclicated their approval and acceptance of the terms and conditions of this Relcasc as of the
respective elate of attestation indicated below.
Page 3 of 4
00-1078
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Ju5l9(c out]
CITY OF MIAMI
•
1—blo r.U1J/Ulb r_yI(
Witness
Witness
STATE OF FLORIDA )
ss:
COUNTY OF MIAMI-DADE )
By:
Print Name:
Title-
17ie foregolnb instrument was acknowledged before me this day of November, 2000, by
who is personally known tome or who produced Florida Drivor's License
Number . as identification, and who executed tllc foregoing lnslrumcnt as the
duly atithorized agent of and on behalf or my of MIAMI.
130305.1
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Pagc 4 of 4
U0-10`78
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RELE
ASE
KNOW ALL PERSONS by these presents that DE, COMA MIAMI ASSOCIATES,
L1M. ("Dl",11), a Florida limited partnership, and its sole general partner DE -COMA,
LTD., a Texas limited partnership, and any and all of the two limited partnerships' present
and former partners, representatives, employees, agents, affiliates, predecessors, successors,
assigns, insurers, administrators, officers, board members, directors, stockholders,
contractors, heirs, cxccutors and subsidiary entities (referred to herein as "Releasors"), for
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, do hereby fully remise, release, acquit, satisfy, and forever discharge the
CITY OF MtAIvii, a Florida municipal corporation and any of its present and Former,
representatives, employees, agents, agencies, affiliates, predecessors, successors, assigns,
insurers, administrators, officers, commission members, directors, stockholders, contractors,
heirs, executors and subsidiary entities (referred to heroin as the "Released Parties") as
further discussed below, from all, and all manner of, action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
punitive damages, judgments, executions, claims, and demands whatsoever which the
Releasors ever had, now have, might have bad, or may in the future have against the
Released Parties or any of them, known or unknown, mature or contingent, direct and/or
indirect, for, upon, or by reason of, based upon, or arising in connection with any act,
Page 1 of 5
EMIB1i 2
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oinission, matter, transaction, cause, or thing wlatsoever (1) cotlained of or which could
have been complained of in the Complaint and subsequent pleadings styled Dccoma Miami
Associates, Ltd., a Florida limited partnership, by and through its general parbier Decoma,
Ltd., a Texas limited partnership vs. City of Miami, a Florida municipal corporation, Case
No. 96-12055-CA 04, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -
bade County, Florida, or (2) otherwise based upon or arising in connection with that certain
Land Lease Agrcemeni dated October 10, 1986; provided however, that the settlement
agreement pursuant to which this Release is delivered is not hereby re)cased. The parties to
this Release understand and hereby agree and represent that all of1he aforesaid claims, past,
present, or future, are disputed and that this full and final settlement of all claims shall never
be treated as evidence of liability nor as an admission of liability or responsibility, at any
time, or in any manner whatsoever.
It is expressly undorstood and agreed that this Release does not release, or in any other
manner affect, any of the contractual obligations imposed upon Decoma Miami Associates,
Ltd., Decoma, Ltd. and Miami Sports and Exhibition Authority under the terms of that
written Settlement Agzeemcnt that was executed and entered into among Decoma Miami
Associates, Ltd., Dccoma, Ltd. and Miami Sports and Exhibition Authority in June, 2000,
all of which shall survive this Release.
The Releasors warrant that they have had the advice of counsel concerning the effect
Page 2 of 5
00-1.078
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e ie Releasors also Ct
of the signing and delivery of this Release. 'I'1 lcasors o and represent that in
executing this Release, they have carefully reviewed and IbIly understand the contents
hereof, and have freely and voluntarily caused their authorised representatives to execute this
Release with full and complete authority to do so.
The Releasors further warrant and represent that no other person, political subdivision,
or other legal entity has any right or interest in the matters released herein, and that Releasors
have not assigned or transferred or purported to assign or transfer to any person, political
subdivision, or other legal entity all or any portion of the matters released herein.
This Release shall be governed by, construed and enforced in accordance with the
laws of the State of Florida, 1lie effective date of this Release shall be the date on which it
has been executed below.
IN WITNESS WHERrOF, the Releasors caused this Release to be executed and
indicated their approval and acceptance of the tenns and conditions of this Release as of the
respective dates of attestation indicated below.
Page 3 of 5
-:1078
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DFCOMA MIAMI AsSTEs M , LTD.
By -
Print Name:
Titic:
Witness
Witness
STATE OF FLORIDA )
SS:
COUNTY OF 13ROWARD )
The foregoing instrument was acknowledged before me this day of November, 2000, by
who is personal lyknown tome or who produced Florida Driver's License
Number , as identification, and who executed the foregoing instrument as the
duly authorized agent of and on behalf of DI:COMA MIAMI Asgoc ns,1;rD.
Notary Public, State of Florida
Commission No.:
My Commission Expires:
Page 4 of S
00-10178
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Witness
Witness
STATE OF FLORIDA )
) ss:
COUNTY OF BROWARD )
By;
PrintName:
Title:
The foregoing instrument was acknowledged before me this day of November, 2000, by
who is personally known to me or who produced Florida. Driver's License
Number , as identificatiop, and who executed the foregoing instrument as the
duly authorized agent of and on behalf of DL•COMA, ITD.
) 30308.1
Notary Public, Suite of Florida
Commission No.:
My CammiSSiDn Expires:
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IN THE DZI* COURT OF APPEAL
THIRD DISTRICT, STATE OF FLORIDA
MIAMI,. SPORTS AND EXHIBITION
AUTHORITY, an authority created pursuant
to Florida Statute by City of Miami,
Appellant,
VS.
DECOMA MIAMI ASSOCIATES, LTD., a
Florida limited partnership, by and through
its general partner, DECOMA, LTD,, a Texas
limited partnership,
Appellee/Cross-Appellant.
Case No. 3D 00-127
Lower Case No. 96-12055 CA 04
S EMATION FOR 61SMISSAL
The remaining parties to this appeal, cross -appellant Decoma Miami Associates, Ltd.
("DMAL'), and cross -appellee City of Miami, pursuant to Ha. R. App. P. 9.350(a), hereby
give notice that this cause has settled, and stipulate to the dismissal of this appeal.
So stipulated this day of October, 2000, by:
KENNY NACHWALTER SEYMOUR ARNOLD
CRITCHLOW & SPECTOR, P.A.
201 South Biscayne Boulevard
Suite 1100
Miami, Florida 33131
Tel: (305) 373-1000
Fax: (305) 372-1861
By:
Fla. Bar No.
Attomeys for Cross-Appel/ant
Decoma MiamPAssocrates, Ltd.
HOGAN & HARTSON L.L.P.
One Biscayne Tower
Suite 1500
TWo South Biscayne Blvd.
Miaml, Florida 33131
Tel: (305) 375-8400
Fax: (305) 372-8921
By:
Fla. Bar No,
Attomeys for Cross -Appellee
the Oily of Miami
EXHIBIT 3 0 0 - 10 "7 8
IT ., nm xvi X911,1dM M ANN3x Rd $J:50 nlil 000Z-9Z-130
0 * i
CITY OF MIAMI
CITY ATTORNEY'S OFF 38
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello
City Attorney
DATE: November 29
RE: Authorizatio�r CX'Ranager to accept and execute a Settlement Agreement
for the case of 9koma Miami Associates, Ltd. vs. the City of Miami and the
Miami Spor and Exhibition Authority, Miami -Dade County, Florida,
Case No. 9642055 CA-04 (J-00-1083)
The attached Resolution authorizes the City Manager to accept and execute a
Settlement Agreement, accepting the amount of $2,718.63 from Decoma Miami Associates,
Ltd. to settle the Decoma Miami Associates, Ltd. vs. the City of Miami and the Miami Sports
and Exhibition Authority, Miami -Dade County, Florida, Case No. 96-12055 CA-04 (the
"Lawsuit").
Ori October 1, 1999, a Final Judgment was entered in favor of the City of Miami (the
"City"), and against the Miami Sports and Exhibition Authority in the Lawsuit. On
February 17, 2000, the City, as the prevailing party, filed a motion to tax costs against
Decoma Miami Associates, Ltd. ("DMAL"), in the amount of $8,877.58. DMAL opposed
the motion arguing that the maximum allowable costs should not exceed $2,718.63.
On or about July 29, 2000, the Miami Sports and Exhibition Authority and DMAL
entered into a settlement, however, DMAL's cross -appeal against the City was not affected
by the settlement.
DMAL has offered to settle the remaining litigation against the City including the
appeal subject to certain terms and conditions as set forth in a Settlement Agreement, and
the City Attorney's Office recommends that said Lawsuit be settled by accepting the sum of
$2,718.63.
W502:BSS
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
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