HomeMy WebLinkAboutR-93-0723J-93-806
11/8/93
RESOLUTION NO. 9 3 -
723
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY ATTORNEY TO ACCEPT THE SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH DADE COUNTY, FLORIDA ("COUNTY"),
WHICH PROVIDES THAT IN RETURN FOR DADE
COUNTY'S PAYMENTS TO THE CITY AS SET FORTH IN
SAID AGREEMENT, THE CITY WILL RELEASE DADE
COUNTY FROM ANY AND ALL CLAIMS AND DEMANDS
AGAINST DADE COUNTY IN THE ELEVENTH JUDICIAL
CIRCUIT COURT, CASE NO. 92-18048 CA-05,
ARISING OUT OF DADE COUNTY'S PRIOR OCCUPATION
OF THE SECOND FLOOR OF THE SOUTH WING OF THE
CITY'S FORMER MUNICIPAL JUSTICE BUILDING,
LOCATED AT 1145 NORTHWEST 11 STREET, MIAMI,
FLORIDA, OF WHATEVER NATURE, TO CLAIMS FOR
BACK RENT DUE AND PAST DUE UTILITIES ACCRUING
PRIOR TO DECEMBER 1, 1993; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT
THE ACCEPTANCE OF SAID SETTLEMENT AGREEMENT.
WHEREAS, the City has brought an action against Dade County
for possession and damages, styled City of Miami v. Dade County,
Case No. 92-18048 CA-05, pending in the Circuit Court of the
Eleventh Judicial Circuit of Florida, in and for Dade County; and
WHEREAS, the parties wish to settle their differences on the
terms and conditions as provided in said settlement agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
A T 7 A C Vl RA E N, T (S)
COS N AI
CITY COMUMSION
NMETITIG OF
NOV 2 3 1993
Reoatution No.
93- 723
,aMa4 q
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 Attorney is hereby authorized`/ to
accept a settlement agreement, in substantially the attached
form, with Dade County, Florida, which provides that in return
for Dade County's payments to the City as set forth in said
i
! agreement, the City will release Dade County from any and all
claims and demands against Dade County in the Eleventh Judicial
Circuit Court, Case No. 92-18048 CA-05, arising out of Dade
County's prior occupation of the second floor of the south wing
of the City's former Municipal Justice Building, located at 1145
Northwest 11 Street, Miami, Florida, of whatever nature,
including back rent and past due utilities, accruing prior to
December 1, 1993.
i
Section 3. The City Manager is hereby authorized]` to
execute the necessary document(s), in a form acceptable to the
City Attorney, in order to implement said settlement agreement.
Section 4. This Resolution shall become effective
immediately upon its adoption.
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
93- 723
-2-
PASSED AND ADOPTED this 23rd day of November 1993.
S EPHEN P. CLA
MAYOR
j ATTE T•
i
I
MATTt HIRAI
CITY CLERK
PREPARED A APPROVED BY:
WA EN BITTNER
ISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
a
A. QU NJ,N III
CITY ATTO
M3985
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into this day of
, 1993, by and between the City of Miami,
a municipal corporation of the State of Florida, hereinafter
"CITY", and Dade County, a political subdivision of the State of
Florida, hereinafter, "COUNTY".
W I T N E S S E T H:
WHEREAS, CITY has brought an action against COUNTY for
possession and damages, styled City of Miami v. Dade County, Case
No. 92-18048 CA-05, pending in the Circuit Court of the Eleventh
Judicial Circuit of Florida, in and for Dade County; and
WHEREAS, the parties wish to settle their differences on the
terms and conditions set forth below,
NOW, THEREFORE, in consideration of the mutual covenants
expressed below, they hereby agree as follows:
1. In return for COUNTY's payments to CITY as set forth in
paragraphs 2 and 3 below, CITY hereby releases COUNTY from any
and all claims arising out of COUNTY's occupation of the second
floor of the South Wing of the CITY's Municipal Justice Building
located at 1145 N.W. 11th Street, Miami, Florida, of whatever
nature, including but not limited to claims for back rent and
utilities due, accruing prior to December 1, 1993. CITY
acknowledges that there is no interest due on any sums of past
due rent or past due utilities. This release is not intended to
release COUNTY from any claims of any nature which may arise
subsequent to December 1, 1993,
SETTLEMENT AGREEMENT 9 3- 723
PAGE 1 OF 3
2. COUNTY has issued a COUNTY Warrant No. 00008105, on
December 12, 1992, in the amount of $1,674,000.00 (representing
agreed to back rent through October 31, 1992, payable to the
"CITY OF MIAMI" and has tendered same to CITY on January 28,
1993, subject to being refunded if the CITY fails to execute all
of the following: (i) this Settlement Agreement; (ii) the
Stipulation and Order of Dismissal in the form attached hereto as
Exhibit 1; and (iii) a new lease, effective December 1, 1993, of
the same premises, in substantially the form attached hereto as
EXHIBIT 112".
3. COUNTY shall issue a nonrevocable COUNTY Warrant, in
the amount of $221,000.00 (representing agreed to back rent from
November 1, 1992, through November 30, 1993, at the rate of
$12,000 per month, and back utilities from November 1, 1992,
through November 30, 1993, at the rate of $5,000 per month
payable to the "CITY OF MIAMI" and shall tender same to CITY upon
CITY's execution of the documents enumerated in paragraph 2
above.
4. Should the COUNTY wish to purchase the Municipal
Justice Building property from the CITY in the future, and a
mutually agreeable purchase price be negotiated between the
parties, then the COUNTY shall be allowed to setoff from the
purchase price all amounts paid to the City in back rent and
future rent under this Agreement and the new lease attached as
EXHIBIT "2".
5. This Agreement shall be subject to the approval of the
City of Miami Commission and the approval of the Board of County
Commissioners.
SETTLEMENT AGREEMENT
PAGE 2 OF 3 9 3- 723
IN WITNESS WHEREOF, the parties have caused this instrument
to be executed as of the date first written above.
[OFFICIAL SEAL]
ATTEST: METROPOLITAN DADE COUNTY, FLORIDA
HARVEY RUVIN
CLERK OF THE BOARD OF
COUNTY COMMISSIONERS BY:
JOAQUIN G. AVINO, P.E. P.L.S.
COUNTY MANAGER
BY:
DEPUTY CLERK
ATTEST:
MATTY HIRAI, CITY CLERK
APPROVED BY COUNTY ATTORNEY AS
TO FORM AND LEGAL SUFFICIENCY:
COUNTY ATTORNEY
APPROVED BY CITY ATTORNEY AS
TO FORM AND CORRECTNESS:
A. QUINN JONES, III
CITY ATTORNEY
WB:awa:456
CITY OF MIAMI, a municipal
corporation of the State of Florida
CESAR H. ODIO
CITY MANAGER
SETTLEMENT AGREEMENT
PAGE 3 OF 3
93- "723
CITY OF MIAMI, a municipal
corporation,
Plaintiff,
VS.
DADE COUNTY, a political
subdivision of the State
of Florida,
Defendant.
IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR DADE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 92-18048 (CA 05)
STIPULATION AND AGREED ORDER
SETTLING CASE AND DISMISSING
COMPLAINT WITH PREJUDICE
STIPULATION OF DISMISSAL
WHEREAS, a dispute arose between the CITY OF MIAMI ("CITY")
and DADE COUNTY ("COUNTY") concerning the COUNTY's tenancy of
CITY owned property located at 1145 N.W. llth Street, Miami,
Florida, under a LEASE AGREEMENT dated March 19, 1981, between
the parties which necessitated the filing of a Complaint by the
CITY against the COUNTY on August 10, 1992; and
WHEREAS, in the interest of interlocal cooperation, good
will and amity, the parties pursuant to Rule 1.420, Fla. R. Civ.
Pro. hereby stipulate, subject to the approval of this Court, to
settle the differences between them on the following terms:
1. The CITY's Complaint will be dismissed with prejudice,
93- 723
Page 1 of 2
,saaq S
A ' �_. k
each party to bear its own costs effective upon the approval of
this Stipulation by the Court.
NA-8
A. QUINN JONES, III, CITY ATTY.
WARREN BITTNER, ASST. CITY ATTY.
Attorneys for CITY OF MIAMI
300 DuPont Plaza Center
300 Biscayne Boulevard Way
Miami, Florida 33131
Ph: (305) 579-6700
DATED:
ROBERT A. GINSBURG, COUNTY ATTY.
GAIL P. FELS, ASST. CITY ATTY.
Attorneys for DADE COUNTY
Metro -Dade Center, Suite 2810
111 N.W. First Street
Miami, Florida 33128-1993
Ph: (305) 375-5151
By: By:
WARREN BITTNER GAIL P. FELS
Assistant City Attorney Assistant County Attorney
FINAL AGREED ORDER OF DISMISSAL
THIS MATTER having been brought before this Court on the
above Stipulation of the parties settling this matter, and having
considered the terms thereof and being otherwise well advised in
the premises,
IT IS HEREBY ORDERED that:
1. The above Stipulation is hereby approved in its
entirety.
2. The Complaint of the CITY OF MIAMI is hereby dismissed
with prejudice with each party to bear its own costs.
DONE AND ORDERED at Miami, Dade County, Florida, this
day of
Copies furnished to:
1993.
CIRCUIT COURT JUDGE
Warren Bittner, Asst. City Atty.
Gail P. Fels, Asst. County Attorney
WB:awa:M1774
93- '723
Page 2 of 2
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of
, 19`_1 by and between the City of Miami, a
municipal corporation of the State of Florida, hereinafter
"CITY", and Dade County, Florida, a political subdivision of the
State of Florida, hereinafter "COUNTY".
RECITAL:
WHEREAS, the CITY owns the real property located at 1145
N.W. 11th Street, Miami, Florida, including the structures and
improvements situated thereon (hereinafter the "PROPERTY"); and
WHEREAS, the CITY and COUNTY agree that there is a serious
need to reduce the overcrowding at the COUNTY's correctional
facilities; and
WHEREAS, this need is essential to the welfare and safety of
the community, and the COUNTY's use of portions of the City of
Miami Municipal Justice Building formerly called the City Jail
(hereinafter the "FACILITY"), located on the PROPERTY, as a
correctional facility is vital to effective police protection for
the community; and
WHEREAS, this use is compatible with statewide planning for
local -regional correctional programs and facilities; and
WHEREAS, the COUNTY's Board of County Commissioners agrees
to assume responsibility for the jail function and for the full
operation and maintenance of the second floor of the South Wing
of the FACILITY as herein described, to have and to hold the same
for the term as hereinafter described, subject to the conditions,
93- 723
covenants and agreements on the part of the COUNTY, to be kept,
observed and performed.
WHEREFORE, THE CITY AND COUNTY MUTUALLY COVENANT, WARRANT,
REPRESENT AND AGREE AS FOLLOWS:
ARTICLE I
DESCRIPTION OF LEASED PREMISES
The CITY hereby leases to the COUNTY and the COUNTY hereby
leases from the CITY: (1) the entire Second Floor of the South
Wing of the FACILITY (shown in detail on EXHIBIT "A" attached
hereto), the stairwells from the First Floor to the Second Floor,
and other areas on the First Floor (shown in detail on EXHIBIT
"B" attached hereto) (hereinafter the "LEASED PREMISES"); and (2)
parking areas on the PROPERTY (shown in shaded detail on EXHIBIT
"C" attached) (hereinafter the "PARKING PREMISES").
ARTICLE II
TERM AND USE
The term of this Agreement shall be from month to month
commencing December 1, 1993.
The CITY grants to the COUNTY the exclusive right to use the
LEASED PREMISES and PARKING PREMISES for an Interim Central
Detention Center (ICDC). The COUNTY assumes total
responsibility for the complete operation and maintenance of the
ICDC and shall use the LEASED PREMISES solely as an ICDC for
incarceration of prisoners and persons awaiting court disposition
and for no other use, and shall use the PARKING PREMISES solely
for parking for the ICDC. The COUNTY agrees that all prisoners
�j
- 2 -
93- 723
shall be booked and bail shall be arranged at a separate
facility, not located at 1145 N.W. llth Street, Miami, Florida.
The COUNTY shall use the FACILITY's south entrance as the main
entrance, and only use the elevator entrance as a secondary means
of access. The COUNTY shall not permit outside recreation
activities nor erect structures on the PROPERTY at any time.
The COUNTY shall install at its own option and expense, such
fencing and gates as are necessary to physically segregate those
parking areas designated as PARKING PREMISES and/or• WASAD
PARKING, as defined in ARTICLE IIA below, from those parking
areas utilized by the CITY or its other tenants subject to the
prior consent of the City Manager.
Further, the COUNTY shall provide signage to clearly
identify and separate CITY and COUNTY uses at the PROPERTY and
FACILITY. The CITY shall take no action to limit the COUNTY's
use of the LEASED PREMISES or PARKING PREMISES during the term of
this Lease.
Notwithstanding Article XIV herein, entitled "DEFAULT
PROVISION", and ARTICLE XVI, entitled "CANCELLATION", which are
not affected, reasonable advance written notice shall be given to
the COUNTY of any proposed alteration or change of use of the
CITY's portion of the PROPERTY or the FACILITY.
ARTICLE IIA
WASAD PARKING
The COUNTY shall have further right to utilize for parking
operations by WASAD that area identified as "WASAD PARKING" on
3 -
93- 723
Exhibit "C" attached hereto. Notwithstanding said rights, the
i COUNTY shall not be authorized to use any of the WASAD PARKING
during any and all events at the Orange Bowl which would require
the use of the property by the CITY for parking. The CITY shall
retain the right to reduce or terminate such parking privileges
at its sole discretion.
If circumstances arise in the future necessitating a change
in operation and maintenance of the WASAD PARKING area then, the
privilege to use the WASAD PARKING shall either be terminated
upon the request of the CITY, or continued on terms requested by
the CITY, without the necessity of going back to either the CITY
Commission or the COUNTY Commission.
ARTICLE III
PREMISES RENT
The rent for the LEASED PREMISES and PARKING PREMISES shall
be a fixed monthly rental of Twelve Thousand Dollars ($12,000.00)
per month, which shall be paid by the COUNTY to the CITY no later
than the fifth (5th) day of each month. The fixed monthly rent
payment will be pro -rated if the Agreement is cancelled effective
prior to the end of a monthly rental period.
ARTICLE IIIA
TAXES AND ASSESSMENTS
Any and all charges, taxes, or assessments levied against
the LEASED PREMISES, PARKING PREMISES, or WASAD PARKING (while
being used by the COUNTY), or levied against this Lease, shall be
the responsibility of, and paid by, the COUNTY.
4 -
93- 723
ARTICLE IV
CONDITION OF PREMISES
The COUNTY hereby accepts the LEASED PREMISES and PARKING
PREMISES in the condition they are in at the beginning of this
Lease Agreement and agres to improve and keep the LEASED PREMISES
and PARKING PREMISES in good order and will assume the total
responsibility for the maintenance of the LEASED PREMISES and
PARKING PREMISES in the same condition of proper cleanliness,
i
state of appearance, and repair as of the time this Lease
Agreement is executed, reasonable wear and tear excepted. Any
defective condition of the PROPERTY due to the use of the LEASED
PREMISES, or PARKING PREMISES by the COUNTY shall be repaired by
the COUNTY to the satisfaction of the CITY's Manager within
ninety (90) days of being notified thereof as provided in this
Lease Agreement. All of the above conditions shall apply to the
WASAD PARKING while being used by the COUNTY as contemplated in
Article II A.
ARTICLE V
ALTERATIONS
All real property improvements to the LEASED PREMISES or
PARKING PREMISES that have been made under prior occupancy by the
COUNTY, or that will be made by the COUNTY under this Lease
Agreement, shall become the property of the CITY upon the
expiration of this Lease Agreement. All such past and future
alterations and improvements as set forth in this provision shall
be at the COUNTY's sole cost and expense and all future
pj
5 - __--
93- 723
alterations and improvements shall be coordinated with
appropriate CITY staff after the COUNTY obtains the prior consent
of the CITY's Manager or his designee.
The COUNTY agrees to make any future building alterations
in such a manner as to preserve direct ingress and egress to the
jail facilities, without any conflict of movement or operations
between the COUNTY's Corrections and Rehabilitation Department
and the CITY's employees or other tenants. Separate entrances
are currently provided and used for, and shall be maintained for,
this purpose.
ARTICLE VI
The COUNTY during the term hereof shall be obligated for and
shall pay all charges for utilities at the LEASED PREMISES, the
cost of locating or relocating any utilities resulting from the
COUNTY using or improving the LEASED PREMISES, PARKING PREMISES
and/or WASAD PARKING, and the cost of separate metering of
utilities should such metering be accomplished during the period
of this Lease Agreement. Electric utilities used by the COUNTY
shall be billed directly to the COUNTY. If and until the
installation of separate meters for water is accomplished, the
amount of $5,000 per month shall be charged for water utilities
and paid by the COUNTY to the CITY along with the monthly rental
of $12,000 provided for in Article III. After installation of
separate metering, the utilities used by the COUNTY at the
FACILITY shall be billed directly to the COUNTY. If for some
93- 723
reason separate metering is not accomplished as specified herein,
the CITY's Manager may adjust the monthly charge for utilities
upon thirty (30) days written notice to the COUNTY based upon
changed circumstances including, but not limited to, changes in
rates, usage by the COUNTY, fees, and the imposition of special
assessments.
ARTICLE VII
SECURITY SERVICES
The COUNTY shall provide, at no cost to the CITY, during the
term of this Agreement or any extension thereof, security guards
at the PROPERTY to provide for security to the PROPERTY and
FACILITY. The extent of security may be modified as agreed to by
the CITY and COUNTY Managers or their designees. Additionally,
the COUNTY agrees to provide security checks at the FACILITY and
PARKING PREMISES between the hours of 6:00 p.m. and 8:00 a.m.
Such security checks shall be performed by the COUNTY Corrections
Department security personnel.
Further, the COUNTY agrees that it will honor any reasonable
request of the CITY's Commission with reference to any problems
of security at the FACILITY and PARKING PREMISES.
ARTICLE VIII
ASSIGNMENT
This Lease shall not be assigned, nor shall the LEASED
PREMISES, PARKING PREMISES or WASAD PARKING or any part thereof
be sublet, nor shall the COUNTY grant any license or sub -lease in
respect to any of the improvements or facilities maintained,
r,(. t�++.,
3�AVpr
� w .
operated or located upon the LEASED PREMISES or PARKING PREMISES
without prior written consent of the CITY's Manager.
ARTICLE IX
VISITING HOURS
Initially, the COUNTY shall restrict visiting hours for
those persons incarcerated in the LEASED PREMISES to Saturdays
and Sundays. Visitation shall be permitted Mondays through
Fridays at the LEASED PREMISES for professionals or legal
counsel. These schedules may be modified, upon agreement -of the
CITY's Manager and the COUNTY's Manager.
ARTICLE X
INDEMNIFICATION AND HOLD HARMLESS
The COUNTY hereby agrees to indemnify and save the CITY
harmless from any and all claims, liability, losses and causes of
action which may arise as a result of this Lease, to the limits
of liability as outlined in F.S. 768.28, unless such claim,
liability, loss or cause of action is the sole result of the
CITY's negligence. This indemnity agreement shall not apply to
the COUNTY's providing of security services to areas other than
the LEASED PREMISES and PARKING PREMISES, except in the case of
the COUNTY's direct negligence.
ARTICLE XI
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved in the LEASED PREMISES
and PARKING PREMISES shall be at the risk of the COUNTY. The
CITY shall not be liable to the COUNTY for any damage to said
1 •'T ��
72
personal property unless caused by or due to negligence of the
CITY, the CITY's agents, or employees.
ARTICLE XII
LIABILITY FOR DAMAGE OR INJURY
The CITY shall not be liable for any damage or injury which
may be sustained by the COUNTY or any persons on the LEASED
i
PREMISES and PARKING PREMISES after inspection and acceptance of
the condition of the property by the COUNTY, other than damage or
injury resulting from the carelessness, negligence, or improper
conduct on the party of the CITY, its agents, or employees, or
failure of the CITY to perform its covenants under this Lease
Agreement.
ARTICLE XIII
INSURANCE
Since the COUNTY is self insured for general liability, a
certificate of insurance cannot be issued nor can the CITY be
named as an additional insured. The COUNTY agrees to defend all
claims brought against the COUNTY or the CITY due to the COUNTY's
use of the LEASED PREMISES, PARKING PREMISES and WASAD PARKING.
ARTICLE XIV
DEFAULT PROVISION
If the COUNTY defaults in any of the COUNTY's undertakings
in this Lease Agreement or fails to perform, abide by or comply
with any of the conditions, covenants, provisions or agreements
herein set forth, or if the COUNTY abandons the LEASED PREMISES,
then and in any such event, the CITY's Manager may, upon thirty
uKwitiff rL,
- 9 - 93- 723
(30) days notice to the COUNTY, terminate this Lease and declare
it cancelled.
ARTICLE XV
NOTICES
All notices given under this Lease Agreement shall be in
writing and delivered by either certified or registered mail.
Notice shall be effectively served by the COUNTY upon the CITY
when addressed to the CITY and mailed to the CITY's Manager at
3500 Pan American Drive, Miami, Florida 33133, with a copy sent
to Asset Management, 300 Biscayne Boulevard Way, Suite 400,
Miami, Florida 33133. Notice shall be effectively served by the
CITY upon the COUNTY when addressed to the COUNTY and mailed to
the COUNTY's Manager, at 111 N.W. First Street, 29th Floor,
Miami, Florida 33128, with a copy sent to the Director of the
Corrections and Rehabilitation Department, 8660 West Flagler
Street Miami, Florida 33126.
ARTICLE XVI
CANCELLATION
The COUNTY, through its County Manager or his designee,
shall have the right to cancel this Lease Agreement at any time
by giving the CITY at least thirty (30) days prior written
I
notice.
The CITY, through its Manager or his designee, shall have
the right to cancel this Lease Agreement at any time by giving
the COUNTY at least thirty (30) days prior written notice.
f +xri
10
93- 723
ARTICLE XVII
j ENTIRE AGREEMENT
i
� This Lease Agreement and its attachments constitute the sole
and only Agreement of the parties hereto relating to said LEASED
PREMISES and PARKING PREMISES and correctly sets forth the
Irights, duties, and obligations of each to the other as of its
i
jdate. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of
no force or effect.
ARTICLE XVIII
AMENDMENTS
No amendments to this Lease Agreement shall be binding on
either party unless in writing and signed by both parties.
ARTICLE XIX
SURRENDER OF PREMISES
The COUNTY agrees to surrender the LEASED PREMISES at the
end of the term of this Lease Agreement or upon any cancellation
of this Lease Agreement as provided elsewhere in this Lease
Agreement.
r rt rirw T5.9.
- �� - 93- 723
IN WITNESS WHEREOF, the parties hereto have cased this Lease
Agreement to be executed by the respective officials thereunto
duly authorized this the day and year first above written.
ATTEST:
By:
MATTY HIRAI
City Clerk
ATTEST:
HARVEY RUVIN, CLERK
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
By:
CESAR H. ODIO
City Manager
DADE COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By: By:
Deputy Clerk JOAQUIN G. AVINO, P.E., P.L.S.
County Manager
Authorized by City of Miami Resolution No.
Authorized by Dade County Resolution No.
Approved by City Attorney as
to form and correctness
Approved by County Attorney as
to form and legal sufficiency
M454/WB/ra/awa
7T
- ,
11Lr iI
A
Tw
SECOND FLOOR -OFFICES
/d ./ -tA ^ d
SECOND FLOOR • JAIL SECTION
13
='a
A- t
93- = 723
IT
11 -
Ll ---L
FPO
11*1 C, 11
FIRST FI-0013
z//i0,0
03�---7'23- '
F'LP1I%1j[ It -ET 1,110 -IT
p - 151, 151
p V'4�,
I ��
r 0 TY OF MIAMI. FLORMACA=25
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members DATE: Itl'.��� �, �o 1993 FILE
of the City.Commission
SUBJECT : Settlement Agreement
with Dade County
FROM : REFERENCES:
Ces . Od i 0
City Manager ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt
the attached Resolution authorizing the City Attorney to accept
a settlement agreement, in substantially the attached form,
with Dade County, Florida, which provides that in return for
Dade County's payments to the City as set forth in said
agreement, the City will release Dade County from any and all
claims and demands against Dade County in the Eleventh Judicial
Circuit Court, Case No. 92-18048 CA-05, arising out of Dade
County's occupation of the second floor of the south wing of
the City's Municipal Justice Building located at 1145 NW 11
Street, Miami, Florida, of whatever nature, including but not
limited to claims for back rent due and utilities, accruing
prior to December 1, 1993; further authorizing the City Manager
to execute the necessary document(s) in order to implement said
settlement agreement.
BACKGROUND:
The City of Miami has brought an action against Dade County for
possession and damages, styled City of Miami v. Dade County,
Case No. 92-18048 CA-05, pending in the Circuit Court of the
Eleventh Judicial Circuit of Florida, in and for Dade County.
In order to settle the differences between the City and the
County, the County has paid the City an amount of $1,674,000
representing agreed to back rent and back utilities through
October 31, 1992, excluding interest. This payment was made on
January 28, 1993 subject to execution of the following
documents: 1) this settlement agreement; 2) a Stipulation and
Order of Dismissal; and 3) a new lease effective December 1,
1993.
93- 723
The Honorable Mayor and Members
of the City Commission
Page 2
The County has also agreed to pay to the City the amount of
$221,000, representing agreed to back rent from November 1,
1992 through November 30, 1993 at the rate of $12,000 per
month, and back utilities for this same period at the rate of
$5,000 per month.
This settlement agreement further provides that in the event
the County wishes to purchase the Municipal Justice Building
property in the future, and a mutually agreed purchase price is
negotiated, then the County would be allowed to setoff from the
purchase price all amounts paid to the City in back rent and
future rent.
i
i
1
i
t
I
i
1
93- 723
4