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HomeMy WebLinkAboutR-95-0299 ~~,. J-95-351 4/19/95 95-~ X99 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DADE HELICOPTER SERVICES, INC. AND/OR DARE HELICOPTER JET SERVICES, INC. ("DARE HELICOPTER"); PROVIDING FOR A CONSENT JUDGMENT TO BE ENTERED AGAINST DADE HELICOPTER IN THE AMOUNT OF THIRTY THREE THOUSAND DOLLARS ($33,000) AND AWARDING THE CITY POSSESSION OF THE PROPERTY PRESENTLY OCCUPIED BY DADE HELICOPTER AT WATSON ISLAND; FURTHER PROVIDING FOR A STIPULATION BETWEEN THE PARTIES SETTING FORTH CERTAIN CONDITIONS PERTAINING TO EXECUTION OF THE JUDGMENT. WHEREAS, on July 26, 1994 this City Commission adopted Motion No. 94-556 which directed the City administration to cancel Dade Helicopter's use of Watson Island and instructed the City Attorney to take legal action to evict said company from the City property; and WHEREAS, in accordance therewith on August 19, 1994 the City filed a complaint in Circuit Court seeking to evict Dade Helicopter from the property and damages in the amount of $6&,461.90 for unpaid rent; and WHEREAS, in response thereto Dade Helicopter filed its answer asserting certain affirmative defenses to the eviction including an allegation denying the City's claim for back rent and asserting counterclaims against the City which seek damages ~`ZT'~ CSST1't3~F R+CEETiNG QF MAY 0 1 1995 Resolution No. 95- 299 including breach of contract and breach of covenant by the City from the City based on certain legal theories from the City based on certain legal theories in connection with the use of the property by the State of Florida during the MacArthur Causeway road construction; and WHEREAS, the case is set for non-jury trial on May 4, 1995 and pursuant to Chapter 44 of the Florida Statutes, Rules 1.700- 1.760 of the Florida Rules of Civil Procedure Judge Michael H Salmon referred this matter to mediation on April 12, 1995; and WHEREAS, as a result of the mediation the parties have reached an agreement which is recommended for your approval by the Office of Asset Management and Capital Improvements; 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 City Manager is hereby authorized to execute a settlement agreement, in a form acceptable to the City Attorney, in the case of City of Miami vs. Dade Helicopter Services, Inc. and/or Dade Helicopter Jet Services, Inc. {"Dade Helicopter"), Case No. 94-14684 (CA 15) in accordance with the agreement reached by the parties at the mediation on April 12, 1995 as follows: 1. Dade Helicopter agrees to the entry by the court of a consent judgment in favor of the City awarding the City a 95- 299 ~,x. _ __ ::,,~ possession to the property and damages in the amount of thirty three thousand dollars ($33,000). 2. Dade Helicopter agrees to dismiss with prejudice the counterclaims. 3. Dade Helicopter waives any and all rights it may have to any and all monies which have been paid to the City by Dade Helicopter during the pendency of the lawsuit. 4. In addition to the $2,000.00 monthly rent payment, Dade Helicopter agrees to provide the City 10 hours of flight I time per month, which when used by the City, will be credited to i Dade Helicopter at $200.00 per flight hour for purposes of reducing the amount of the monetary judgment. 5. The City agrees that it will not execute on the money i judgment until such time as the City retakes actual possession of the property. 6. Dade Helicopter agrees to allow the City of Miami Police Department to use the property as a base of operations. 7. The City, upon Dade Helicopters failure to comply with any of the following events, shall be entitled to the issuance by the judge of a Writ of Possession upon submission to the court, ex-parte, of an affidavit signed by the City Manager: (i) Dade Helicopter shall peacefully surrender possession of the property to the City after a 90 day notice to vacate without cause. I (ii) Dade Helicopter shall pay the two thousand dollars ($2,000.00) monthly rent and provide ten (10) hours of flight time per month to the City, and any portion of the ten (10) hours not used by the City in a particular month will be carried forward for future use. 95- X99 3 ~~~:~ :. ~.,\ 1 (iii) Dade Helicopter shall obtain all necessary permits in connection with the above ground tanks located on the property within thirty (30) days of the execution by the parties of the settlement agreement or in the event that Dade Helicopter is unable to obtain same, Dade Helicopter shall within thirty (30) days thereof remove all above ground tanks from the property. (iv) Dade Helicopter shall surrender actual possession of the property upon the award of a contract for the use of the property by the City pursuant to a Request for Proposal. ~ (v) Dade Helicopter shall allow the City of Miami police Department to use the property as a base of operations. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 1st day of May , 1995. STEP EN P. CLARK, MAYOR ATTEST: ~ - TTY H CITY CLERK PREPAR~E~D--A~-ND REVIEWED BY: C~ aW JUL E O. BRU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: u~v A. QU J , CITY TTO Y W022:JOB:kd:csk 95- 299 4 ~,x:. CITY OF MIAMI, FLORIbA INTER-OFFICE MEMORANDUM 3~ Tp ; DATE The Honorable Mayor and Members of the City Commission SUBJECT FROM : REFERENCES Cesa io City ager ENCLOSURES APR i 8 1995 FILE Resolution Authorizing Settlement Agreement RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager to enter into a settlement agreement with Dade Helicopter Services, Inc. and/or Dade Helicopter Jet Services, Inc. ("Dade Helicopter"); providing for a consent judgment to be entered against Dade Helicopter in the amount of $33,000 and awarding the City possession of the property presently occupied by Dade Helicopter at Watson Island; further providing for a stipulation between the parties setting forth certain conditions pertaining to execution of the judgment. BACKGROUND: The Office of Asset Management and Capital Improvements has prepared the attached item for consideration by the Commission, On July 26, 1994 the City Commission adopted Motion No. 94-556 directing the City administration to cancel Dade Helicopter's use of Watson Island and instructed the City Attorney to take legal action to evict said company from the property. In accordance with such motion, on August 19, 1994, the City filed a complaint in Circuit Court seeking to evict Dade Helicopter from the property and damages in the amount of $66,461.90 for unpaid rent. In response to such complaint, Dade Helicopter filed its answer asserting certain affirmative defenses to the eviction and asserting counterclaims which seek damages from the City. 9~- 299 3~-I ~,~~ R Honorable Mayor & Members of the City Commission Page 2 This case has been set for a non-jury trial on May 4, 1995 and pursuant to Florida Statutes, Judge Michael H. Salmon referred this matter to mediation on April 12, 1995. As a result of the mediation, the parties have reached an agreement which is recommended for your approval. The agreement is as follows: 1) Dade Helicopter agrees to the entry by the court of a consent judgment in favor of the City awarding the City possession of the property and damages in the amount of $33,000; 2) Dade Helicopter agrees to dismiss with prejudice the counterclair,;~; 3 ) Dade Helicopter waives any and all rights it may have to any and all monies which have been paid to the City by Dade Helicopter during the pendency of the lawsuit; 4) In addition to the $2,000 monthly rent payment, Dade Helicopter agrees to provide the City 10 hours of flight time per month which when used by the City will be credited to Dade Helicopter at $200.00 per flight hour for purposes of reducing the amount of the monetary judgment; 5) The City agrees that it will not execute on the money judgment until such time as the City retakes actual possession of the property; 6) Dade Helicopter agrees to allow the City of Miami Police Department to use the property as a base of operations; The City, upon Dade Helicopter's failure to comply with any of the following events, shall be entitled to the issuance by the judge of a Writ of Possession upon submission to the court, ex parte, of an affidavit signed by the City Manager: i) Dade Helicopter shall peacefully surrender possession of the property to the City after 90-day notice to vacate without cause; ii) Dade Helicopter shall pay the $2,000 monthly rent and provide 10 hours of flight time per month to the City; iii) Dade Helicopter shall obtain all necessary permits in connection with the above ground tanks located on the property within 30 days of the execution by the parties of the settlement agreement or in the event that Dade Helicopter is unable to obtain same, Dade Helicopter shall within 30 days thereof remove all above ground tanks from the property; iv) Dade Helicopter shall surrendt~r actual possession of the property upon the award of a contract for use of the property by the City pursuant to a Request for Proposal; and v) Dade Helicopter shall allow the City of Miami Police Department to use the property as a base of operations. 02 95- 299 ,,~:.