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HomeMy WebLinkAboutR-89-0538J-89-574 6/6/89 RESOLUTION NO. S9- 5 3 `, A RESOLUTION, WITH ATTACHMENT, APPROVING AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE A STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE IN SUBSTANTIALLY THE FORM ATTACHED HERETO, THEREBY ENDING THE CITY'S ACTION TO EJECT CHALK'S INTERNATIONAL AIRLINES FROM WATSON ISLAND, SUBJECT TO CONDITIONS, AND PRESERVING STATUS QUO, FOR A PERIOD OF TEN YEARS, QUESTIONS SOLELY RELATING TO OWNERSHIP OF THE WATSON ISLAND PROPERTY PRESENTLY OCCUPIED BY SAID FIRM. WHEREAS, the City of Miami is of the opinion that it is the legal fee owner of real property presently occupied by Chalk's International Airlines on Watson Island; and WHEREAS, the City Commission adopted Motion No. 89-148, on February 1989, directing the City Attorney to initiate legal proceedings to remove Chalk's International Airlines from its present location on Watson Island; and WHEREAS, an ejectment action was filed by the City in the Circuit Court (Case No. 89-7029(19)) pursuant to Motion No. 89-148; and WHEREAS, the City Commission, on April 27, 1989, passed Motion No. 89-396, directing the City Attorney to dismiss, with conditions, said lawsuit and end ejectment proceedings against Chalk's International Airlines; and WHEREAS, the City Attorney's Office has met with opposing counsel and worked out a stipulation of voluntary dismissal which accurately reflects the directives of the City Commission embodied in Motion No. 89-396; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Stipulation of Voluntary Dismissal Without Prejudice between the City of Miami and Chalk's International Airlines, in substantially the form attached hereto, is hereby approved. The City Attorney is hereby authorized and directed to execute the subject Stipulation on behalf of the City, thereby A14ERDED Feseftem BY o- Ali 1 CITY COMMISSION MEETING OF JUN 7 1989 RESOLUTION No..7"r s REMARKS: ending the City's current ejectment action against Chalk's International Airlines subject to the conditions therein and maintaining for a period of ten years the status quo issues solely regarding ownership of the property on Watson Island presently occupied by Chalk's International Airlines. Section 2. This Resolution shall become effective 714 immediately upon its adoption pursuant to law. =& PASSED AND ADOPTED this 7th day of June 1989. =,e r a XAVIER L. UAREZ, MAYOR *TYEIRAII CITY CLERK PREPARED AND APPROVED BY: r. la JpEL E. MAXWELL CILVU ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: RGS L. F RNANDEZ C TY ATTO EY JEM/db/M1087 -2- �a7'""'a.l a-) cam• CITY OF MIAMI, a municipal corporation, Plaintiff, VS. CHALK'S INTERNATIONAL AIRLINES, INC., a Florida corporation, Defendant. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CASE NO. 89-7029 CA-19 GENERAL JURISDICTION DIVISION STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE COME NOW the Plaintiff, City of Miami, and the Defendant, Chalk's International Airlines, Inc., by and through their respective undersigned counsel, and for their Stipulation agree as follows: 1. In consideration of each party agreeing to comply with the terms and conditions of this Stipulation, it is understood and agreed that this lawsuit is hereby voluntarily dismissed without prejudice, with each party acknowledging that neither party is waiving any rights as to any issue raised by the allegations of the Complaint filed herein. Both parties further agree that during the term of this Stipulation no actions will be taken by either party to increase or enhance its respective claim to fee ownership of the subject real property. 2. Both parties agree that so long as Defendant is in compliance with the further terms of this Stipulation, that the issues raised by this lawsuit will not be litigated by either party hereto for a period of ten years from the date of this Stipulation. 3. Defendant hereby agrees to donate the sum of Fifteen Thousand ($15,000.00) Dollars per year on or before the 15th day of June of each year commencing June 15, 1989, to the City of Miami Adopt -A -Park Program for a period of ten (10) years. The City Commission of the City of Miami shall determine the ilk utilization of the donated funds without geoaraphic31 limitation as to the park or parks to be the beneficiary of this donation. 4. Defendant agrees to name the City of Miami as an additional insured on Aviation and Airport Operations insurance coverage and shall continue to provide such coverage to the City of Miami during the ten-year term of this Stipulation. Coverage provided to the City of Miami shall not be less than that carried by the Defendant throughout its air system, or the air system of Defendant's Holding Company if Defendant is a wholly owned subsidiary. Presently, such coverage amount is two hundred million dollars ($200,000,000.00). 5. Defendant has reviewed and consents to the "Master Plan" for development of Watson Island adopted by the Commission of the City of Miami on February 23, 1989, by Commission Resolution No. 89-199, and any amendments and successors thereto, as it applies to Defendant as long as said plan either leaves Defendant at present location or removes Defendant to another location on Watson Island, and agrees to comply with the terms of same if said plan is implemented and developed. 6. If Defendant is required to move from the facility on Watson Island presently utilized by the defendant to another location on Watson Island, by a development plan adopted by the City of Miami for development or redevelopment of Watson Island, it is understood and agreed by the parties hereto that Defendant will move to said new facility with the further understanding that the facility will contain facilities of a nature similar to those presently utilized by Defendant for its seaplane operation at its existing facility and, further, that Defendant will relocate at no expense to said Defendant. Defendant will, after any such required relocation continue to pay the donation required under the terms of Paragraph 3 of this Stipulation and the terms of this Stipulation will not be altered by the removal to a different location on Watson Island. Removal to a different location on Watson Island will in no manner alter or modify the claim of. the Defendant to ownership of its existing site on CM Watson Island and shall not be deemed a waiver of its claim of ownership. The undersigned hereby represent each to the other that they have been authorized by their respective clients to enter into said Stipulation and that their execution of same will bind their respective clients to the terms and conditions contained herein. DATED this day of 1989, at Miami, Dade County, Florida. CITY OF MIAMI, a Florida municipal corporation (Plaintiff) CHALK'S INTERNATIONAL AIRLINES, INC., a Florida corporation (Defendant) By: By: Jorge L. Fernandez, City Atty. Harold M. Rifas Attorney for City of Miami Attorney for Defendant 1100 AmeriFirst Building 1435 South Miami Avenue One S.E. Third Avenue Miami, Florida 33131 Tel.: (305) 579-6700 Tel.: (305) 374-4620 JLF/M/K/db/M111 0 s' CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Aurelio Perez-Lugones DATE : May 24, 1989 FILE Legi ative Administrator Atte tion• Lori Garrett SUBJECT: June 7, 1989 City Commission Meeting; City Attorney Reports joeeE. MaxwellFROM : REFERENCES:� Assistant City Attorney Chalk's Airlines t Planning/Development Division ENCLOSURES: e This memo serves to confirm the request of this Office that the following information be placed on the June 7, 1989, City Commission. agenda in the City Attorney's segment of the agenda: "Discussion concerning Chalk's International Airlines litigation settlement stipulation." JEM/db/P872 cc: Jorge L. Fernandez, City Attorney Robert F. Clark, Chief Deputy City Attorney Chris Kurtz, Assistant City Attorney INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Jor et' nandez 9 City Attor ey -)ATE June 6, 1989 :,-89-30 _UBJECi City of Miami vs. Chalk's International Airlines; Case No. 89-7029(19) EFE?ENGES City Commission Motion No. 89-396 E`:CLOSURES . Pursuant to City Commission Motion No. 89-396 of April 27, 1989, this Office has met with the Defendant, Chalk's International Airlines, in the subject ejection, and drafted a Stipulation of Voluntary Dismissal Without Prejudice. The document, attached hereto, incorporates the concerns of the City Commission set forth in the subject motion. The salient points of the stipulation are as follows: a. The lawsuit will be dismissed, without prejudice, and the status quo will be maintained relative to ownership of the disputed Watson Island property for a period of 10 years. No litigation regarding solely the issue of ownership may be initiated by either party during said 10-year period. b. Commencing June 15, 1989, Chalk's will donate fifteen thousand dollars ($15,000.00) per year to the City of Miami's Adopt -A -Park Program, for use anywhere in the City, for a period of ten years. C. Chalk's will be required to name the City as an additional insured on its insurance policy. The amount of insurance covering the City at any time shall not be less than the amount of coverage carried by Chalk's holding company (presently Resorts International) for its system -wide operations. Currently such coverage is two hundred million dollars ($200,000,000.00). d. Chalk's consents to the Master Plan For The Development Of Watson Island adopted by the City Commission on February 23, 1989, and any amendments and successors thereto which provide for Chalk's to be located somewhere on Watson Island. However, should Chalk's be required to relocate to another spot on Watson Island, the new site would have to provide similar facilities suitable for Chalk's seaplane operation. Further, R IMF Honorable Mayor and Members of the City Commission June 6, 1989 Page 2 the cost of such involuntary relocation would be borne by an entity other than Chalk's. Inasmuch as the City Commission has already stated that it would not want this cost to be borne by the City, it is imperative that any RFP for development of Watson Island, pursuant to any master plan, incorporate provisions requiring that a prospective developer bear the cost of any proposed relocation of Chalk's. e. Any involuntary relocation by Chalk's during this 10-year period would not be construed by the City as a waiver of their ownership claim to the site presently occupied. f. Should Chalk's involuntarily relocate they would be required to continue the $15,000 per year payment to the City's Adopt -A -Park Program. Although Commissioner De Yurre had unsuccessfully sought to have provisions dealing with a "Community Service Program" included in the referenced motion, Chalk's has indicated that it is willing to work along with the City to develop such a program. I have attached a copy of a letter from Harold M. Rifas, Esq., Attorney for Chalk's International Airlines, to Commissioner Rosario Kennedy dated May 17, 1989, substantiating this. This matter can be pursued independently of this Stipulation and developed in such a way that it addresses Chalk's concerns that the current nebulous state of the program precludes its consent to include in the subject Stipulation. JEM/db/P883 Attachments cc: Cesar H. Odio, City Manager Sergio Rodriguez, Director, Planning Department Herb Bailey, Assistant City Manager and Acting Director for Department of Development 89® 3 r.Aao,.p M 0'r•s Ms. Rosario Kennedy City Commissioner City of Miami 3500 Pan American Dr. Miami, Florida 33133 lnw v,.r.cts 11A'Qbl,r) M. RzrAS, P.A. 1•43S SUVTM MUNI M•[NU[ ?LIAM1, rL4YLMA 03131 t;ttc+-O-t 370•CE•-0 Apt• coon 305 May 17, 1989 Ms. Janet Gavarrete txec. AsSt. to City Manager City of Miami 3500 pan American dr. Miami, Florida 33133 Re: City of Miami - Chalk's International. Airlines znc. Dear Commissioner Kennedy and Ms. Gavarrete: It is my understanding that you will be working together on behalf of the City of Miami with Chalk's international airlines to implement the "community service" program to which we have previously committed. I would appreciate your contacting Messrs. Paul. Allen or Bill Jones at Chalk's Fort Lauderdale headquarters. Their Dade telephone number is 947-1308. if you wish for me to participate with you in any manner or to attend the meetings, please do not hesitate to contact me. Very truly yours, HAROLD M. RIFAS HMR: srrlr CC: Chalk's International, Airlines, Inc. bcc: bar. Chris Whitney Mr. Robert Pel-oquin SENT By TFLECOPIER !bTo: g Maxwell. ran: _ arold M. Rifat L?at�. s"31-89 Fax No --U-1) Fax Prob!enls -_ 74- 4620 HAR01.0 M F�IVAS, P.A. E CITY OF MIAMI, a municipal corporation, Plaintiff, VS. CHALK'S INTERNATIONAL AIRLINES, INC., a Florida corporation, Defendant. e IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA CASE NO. 89-7029 CA-19 GENERAL JURISDICTION DIVISION STIPULATION OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE COME NOW the Plaintiff, City of Miami, and the Defendant, Chalk's International Airlines, Inc., by and through their respective undersigned counsel and for their Stipulation agree p g as follows: 1. In consideration of each party agreeing to comply with the terms and conditions of this Stipulation, it is understood and agreed that this lawsuit is hereby voluntarily dismissed without prejudice, with each party acknowledging that neither party is waiving any rights as to any issue raised by the allegations of the Complaint filed herein. Both parties further agree that during the term of this Stipulation no actions will be S taken by either party to increase or enhance its respective claim to fee ownership of the subject real property. 2. Both parties agree that so long as Defendant is in compliance with the further terms of this Stipulation, that the issues raised by this lawsuit will not he litigated by either party hereto for a period of ten years from the date of this Stipulation. 3. Defendant hereby agrees to donate the sum of Fifteen r Thousand ($15,000.00) Dollars per year on or before the 15th day of June of each year commencing June 15, 1989, to the City of Miami Adopt -A -Park Program for a period of ten (10) years. The City Commission of the City of Miami shall determine the utilization of the donated funds without geographical limitation as to the park or parks to be the beneficiary of this donation. 4. Defendant agrees to name the City of Miami as an additional insured on Aviation and Airport Operations insurance coverage and shall continue to provide such coverage to the City of Miami during the ten-year term of this Stipulation. Coverage provided to the City of Miami shall not be less than that carried by the Defendant throughout its air system, or the air system of Defendant's Holding Company if Defendant is a wholly owned subsidiary. Presently, such coverage amount is two hundred million dollars ($200,000,000.00). 5. Defendant has reviewed and consents to the "Master Plan" for development of Watson Island adopted by the Commission of the City of Miami on February 23, 1989, by Commission Resolution No. 89-199, and any amendments and successors thereto, as it applies to Defendant as long as said plan either leaves Defendant at present location or removes Defendant to another location on Watson Island, and agrees to comply with the terms of same if said plan is implemented and developed. 6. If Defendant is required to move from the facility on Watson Island presently utilized by the defendant to another location on Watson Island, by a development plan adopted by the City of Miami for development or redevelopment of Watson Island, it is understood and agreed by the parties hereto that Defendant will move to said new facility with the further understanding that the facility will contain facilities of a nature similar to those presently utilized by Defendant for its seaplane operation at its existing facility and, further, that Defendant will relocate at no expense to said Defendant. Defendant will, after any such required relocation continue to pay the donation required under the terms of Paragraph 3 of this Stipulation and the terms of this Stipulation will not be altered by the removal to a different location on Watson Island. Removal to a different location on Watson Island will in no manner alter or modify the claim of the Defendant to ownership of its existing site on -2- Watson Island and shall not be deemed a waiver of its claim of ownership. The undersigned hereby represent each to the other that they have been authorized by their respective clients to enter into Baia Stipulation and that their execution of same will bind their respective clients to the terms and conditions contained herein. DATED this day of 1989, at Miami, Dade County, Florida. CITY OF MIAMI, a Florida municipal corporation (Plaintiff) CHALK'S INTERNATIONAL AIRLINES, INC., a Florida corporation (Defendant) By: 0f- By: Jorge L. Fernandez, City Atty. Harold M. Rifas Attorney for City of Miami Attorney for Defendant 1100 AmeriFirst Building 1435 South Miami Avenue One S.E. Third Avenue Miami, Florida 33131 Tel.: (305) 579-6700 Tel.: (305) 374-4620 JLF/M/K/db/M111