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Home My WebLink AboutR-99-0311�k' J-99-320 4/19/99 Irl RESOLUTION NO. .9.`1 — a A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY FUTURA CORAL WAY PROPERTIES I, LTD., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $71,550.00, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CAUSE PUTURA MRAT, WAy PROP .RTTFS T , T.TD _ V _ CITY OF MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 97-20017 CA (22), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.653. WHEREAS, Futura Coral Way Properties I, Ltd., filed a claim and lawsuit against the City of Miami, in the Circuit Court of the Eleventh Judicial District, Case No. 97-20017 CA (22), in Miami, Miami -Dade County, Florida; and WHEREAS, the above claim and lawsuit has been investigated by the Tort Committee of the City Attorney's Office and the Division of Risk Management pursuant to Ordinance No. 8417, which created the City of Miami's Insurance and Self -Insurance Trust Fund and said Offices recommend that said claim and lawsuit CM CO2IMSSION WING Or APR 2 7 1999 =•r be settled for the sum of $71,550.00; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The Director of Finance is hereby authorized to pay Futura Coral Way Properties I, Ltd., without admission of liability, the sum of $71,550.00 in full and complete settlement of any and all claims and demands against the City of Miami, for the Case PTTTTTRA CORAL WAY PROPRRTTPS T, T.Tn.y- City of Miami, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 97-20017 CA (22), upon the execution of a general release releasing the City of Miami, its present and former officers, agents and employees from any and all claims and demands, with funds therefor hereby allocated from the Self -Insurance Trust and Insurance Fund, Index Code No. 515001.624401.6.653. Section 3. This Resolution shall become effective - 2 - rA immediately upon its adoption and signature of the Mayorl/. PASSED AND ADOPTED this 27th day of Aril —, 1999- JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the Mayor did not indlcate approval of this legislation by signing it in the designated place provided. rUir1 1ogi.1wt!on nca becomes effective with the elapse of ten (10) fr the f Gornn,iss� I-,., regarding same, without the Mayor exerc' in a v ATTEST: Walter J. roeman, City Clerk WALTER J. FOEMAN CITY CLERK AP VI W32Z3 : GKW : BSS AND CORRECTNESS;L% 1/ 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. - 3 - 39- �1.:� LIZ w- CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Luie Brennan, Acting Director, Budget and Management Analysis Mario Soldevilla, Administrator, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attorney DATE: April 19, 1999 RE: Financial review and approval for Settlement Futura Coral Way Properties I, Ltd. vs. City of Miami Attached is a copy of a resolution which is being placed on the City Commission Agenda for the meeting of April 27, 1999. If approved, the matter of Futura Coral Way Properties I, Ltd, vs. City of Miami, Case No. 97-20017 CA (22) will be settled for $71,550.00. Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.653. Please indicate your review and approval hereinbelow by affixing your signature and return this original memorandum to Beverly Solomon, Legislative Coordinator, of this office as soon as possible. REVIEW AND APPROVAL BY REVIEW AND APPROVAL BY THE OFFICE THE RISK MANAGEMENT DIVISION THE OFFICE OF BUDGET AND MAN EMENT ANALYSIS: MARIO SOLDEVILLA, ADMINISTRATOR LUIE BRENNAN, DIRECTOR W303:MJC:BSS City of !Miami Management 3 Budget Date �9 % Time 2 AM1R0Q Amount of $ �5��' • s'%Js available In account number: S1i 00% 62 1/No/. b. 6-f3 Verified by: SIGNATURE M --� On ; Budget Status Account 0 515001.624401.6340.65319 Account Name SLIPS/FALLS LIABILITY SELF-FD Control Digit 515001.624401.6340.653 Updated Transactions Revised Budget 1,0000000.00+ - FY Encumbrances + FY Liquidations -J FY 199810 (CCYYMM) - FY Actual 241,476.50+ FY Unexpended Non -updated Transactions # of Entries - Journal Entries - Req Encumbrances + Req Liquidations - PO Encumbrances - AP Encumbrances - AP/PO Invoices + AP/PO Liquidations 758,523.50+ Available Budget 758,523.50+ SJ— 9011 t,.. s l CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMOR AND191 ` TO: Honorable Mayor and Me r C' Commission FROM: Alejandro Vilarello, C' A DATE: April 19, 1999 RE: Proposed Rte on- ty Commission Meeting of April 27, 1999 Approval of s le nt in Futura Coral Way Properties I, Ltd. v. City of Miami Case No. 97-200 CA 22 (J-99-320). The attached proposed Resolution seeks authorization for the settlement of all claims against the City of Miami in the above -referenced case in the amount of $71,550.00. The Torts Committee of the City Attorney's Office and the Risk Management Division have investigated and evaluated this case and have approved the recommendation of this settlement. Funds in the amount of $71,550.00 will be allocated from the Insurance and Self Insurance Trust Fund, Index Code No. 515001.424401.6.653. Inasmuch as the potential exposure to the City on this claim is an award of $250,000.00 and costs as determined by the court, settlement in the amount of $71,550.00 is in the best interest of the City. W304:GKW:BSS c: Donald H. Warshaw, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator 99- 311 i CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Luie Brennan, Acting Director, Budget and Management Analysis Mario Soldevilla, Administrator, Division of Risk Management FROM: Maria J. Chiaro, Assistant City Attomeyt�' DATE: April 19, 1999 = RE: Financial review and approval for Settlement Futura Coral Way Properties 1, Ltd. vs. City of Miami Attached is a copy of a resolution which is being placed on the City Commission Agenda for the meeting of April 27, 1999. If approved, the matter of Futura Coral Way Properties I, Ltd. vs. City of Miami, Case No. 97-20017 CA (22) will be settled for $71,550.00. Funds are available from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.653. Please indicate your review and approval hereinbelow by affixing your signature and return this original memorandum to Beverly Solomon, Legislative Coordinator, of this office as soon as possible. REVIEW AND APPROVAL BY REVIEW AND APPROVAL BY THE OFFICE THE RISK MANAGEMENT DIVISION THE OFFICE OF BUDGET AND MANAryEMENT ANALYSIS: MARIO SOLDEVILLA, ADMINISTRATOR LUIE BRENNAN, DIRECTOR W303:MJC:BSS City of Miami Management & Budget Date 1// 9 117 f Time .' 2 AMlFdPQ Amount of $ �z8 s- 0 ie available In account number: T/ TOo% o .17. 6 s"3 Verified by: SIGNATURE 9 9 - v11 t.-