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Home My WebLink AboutR-85-0209FL/125 J85-240 RESOLUTION NO. 85-r-209: A RESOLUTION AUTHORIZING THE CITY TO FILE WHATEVER CLAIMS OR COUNTERCLAIMS ARE REQUIRED TO PROTECT THE CITY'S INTERESTS IN LITIGATION CONCERNING THE WORLD TRADE CENTER PARKING GARAGE AND AUTHORIZING THE CITY ATTORNEY TO EMPLOY THE LAW FIRM OF STEWART, TILGHMAN, FOX & BIANCHI TO SERVE AS SPECIAL COUNSEL IN CONNECTION WITH SUCH MATTERS; ALLOCATING MONIES THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND; AND FURTHER AUTHORIZING THE CITY ATTORNEY TO EMPLOY EXPERT WITNESSES THAT MAY BE REQUIRED IN SAID MATTERS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney is hereby authorized to file whatever claims or counterclaims are necessary to protect the interests of the City of Miami in matters involving con- struction litigation concerning the World Trade Center Parking Garage, which matters encompass the element of indemnification as substantially set forth in Exhibit A hereto, and which also call for the filing of a third party complaint in substantially the form as set forth in Exhibit B hereto; further, and in accordance with the recommendation of the City Attorney, the City Attorney is hereby authorized to employ the law firm of Stewart, Tilghman, Fox & Bianchi to serve as special counsel to the City in matters relating to the litigation surrounding the construction of the World Trade Center Parking Garage with monies therefor hereby allocated from the Self -Insurance and Insurance Trust Fund. Section 2. The City Attorney is hereby further author- ized to employ such individuals as may be necessary to function as expert witnesses to assist in the presentation of said matters. PASSED AND ADOPTED this 28th day of February , 1985. MAURICE A. FERRE MAURICE A. FERRE MAYOR ATTES '00- C:f�. RA PH 0. ONGIE, CITY CLERK CITY COMMISSION MEETING OF FEB 28 085 1064 No. PREPARED AND APPROVED BY! LUCIA A. DOUGHERTY, CITY ATTORNEY -2- 110'14� Miami Center Associates, Inc. George Hyman Construction Company Gentlemen: The City of Miami has been served with a law suit, a copy of which is enclosed, which alleges that the World Trade Center parking garage was not constructed in compliance with the South Florida Building Code. Specifically, it is claimed that the parking garage fails to comply with sections of the Code relating to fire resistance. Pursuant to the May 20, 1980 Turnkey Design and Development Contract between the City of Miami and Miami Center Associates, Inc., and to the extent that said contract was modified by the Miami Center Associates, Inc. and the George Hyman Construction Company, the City hereby requests that each of you and/or both of you, as the party(s) responsible for compliance with all applicable building codes, undertake to defend this litigation on behalf of the City of Miami and to further indemnify and save harmless the City from all expenses and costs incurred by the City or which might be incurred by the City in the future with respect to said litigation. The City further demands that if the allegations of this law suit are correct, that in accordance with the above contract and/or any modifications thereto, that the World Trade Center parking garage be corrected to comply with all applicable building codes. Very truly yours, CITY OF MIAMI EXHIBIT A 85-20ti ri f# 1 z �!i J DADE SAVINGS AND LOAN ASSOCIATION, y a Florida Mutual Association, Plaintiff, VS. r l: DADE COUNTY and CITY OF MIAMI IN T11E CIRCUIT COURT OF THE 11TH JUDICIAL C1P,'111T IN AND FOR DADE COUNTY, FLOPIDA GENERAL JURISDICTION DIVISION CASE NO. 84-18744 CA 19 Florida Bar No. 078218 Defendants. • THIRD -PARTY COMPLAINT CITY OF MIAMI, Defendant/Third-Party Plaintiff, VS. MIAMI CENTER ASSOCIATES, INC., a Florida corporation, and GEORGE HYMAN CONSTRUCTION COMPANY, a foreign corporation, Third -Party Defendants. Defendant/Third-Party Plaintiff, City of Miami, sues the Third - Party Defendants, Miami Center Associates, Inc. (hereinafter MCA) and George Hyman Construction Company (hereinafter HYMAN) and alleges: 1. The plaintiff filed a complaint against the defendant, City of Miami, a copy being attached hereto as Exhibit 1. 2. The City of Miami is a municipal corporation organized and existing under the laws of the State of Florida and is the owner of a multi -story parking garage known as the World Trade Center Parking Garage (hereinafter GARAGE). 3. The Third -Party Defendant, Miami Center Associates, Inc. is a corporation organized and existing under the laws of the State of Florida with its principal place of business located in Dade County, Florida. 4. The Third -Party Defendant, George Hyman Construction Company, is a corporation organized and existing under the laws of the State of Maryland and engaging in business in Dade and Broward County, Florida. 5. In the complaint filed against the Third -Party Plaintiff, it is contended that the Garage as designed and constructed is in violation of the South Florida Building code and the plaintiff prays for a determination EXHIBIT B 0 9 of non-compliance and the granting of supplemental relief as may he deemed necessary or proper to that determination. The City of ~Miami contracted for the design and the construction of the Garage with the Third -Party Defendant, MCA, pursuant to Turnkey Design and Development Contract dated May 20, 1980 (attached hereto as Exhibit 2). 6. Said contract provides in the Conditions of the Contract, Section 4.6.1 that it is the responsibility of MCA to make certain that the drawings and specifications are in accordance with all applicable codes. MCA further agreed in said contract to construct the Garage in conformity with the drawings and specifications and further agreed under Conditions of the Contract 4.13.1 to indemnify the City with respect to any litigation for violation of any law or ordinance. 7. On November 17, 1980, Hyman assumed all of MCA's responsibility under the May 20, 1980 agreement except for certain responsibility which were excluded from assumpti-n. Said Assumption Agreement is attached hereto as Exhibit 3. 8. By reason of the foregoing, MCA and/or Hyman are liable for any alleged non-compliance with the South Florida Building Code and are the parties responsible to the Third -Party Plaintiff for the plaintiff's claim against the Third -Party Plaintiff. Additionally, said parties have indemnified the Third -Party Plaintiff and are responsible to the Third - Party Plaintiff for all costs and expenses of this litigation. WHEREFORE, the Defendant/Third-Party Plaintiff, City of Miami, demands judgment against the Third -Party Defendants for all damages that are adjudged against the Defendant/Third-Party Plaintiff and for all costs and expenses which may be incurred by the Defendant/Third-Party Plaintiff. WE HEREBY CERTIFY that a true copy of the foregoing was this of , 1985, to: John G. Fletcher, Suite 222, 7600 Red Road, South Miami, Florida 33143, Attorney for Plaintiff; John J. Copelan, Jr., Deputy City Attorney, 169 East Flagler Street, Suite 1101, Miami, Florida 33131; and Jay W. Williams, Assistant County Attorney, 1626 Dade County Courthouse, Miami, Florida 33130. STEWART TILGHMAN FOX & BIANCHI, P.A. Suite 1900 44 West Flagler Street Miami, Florida 33130 Phone: (305) 358-6644 Attorneys for City of Miami W IN THE CIRCUIT COURT OF THE 11TH JUDICIAL, CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 84-18744 CA 19 DADE SAVINGS AND LOAN ASSOCIATION, a Florida Mutual Association, Plaintiff, VS. MOTION TO AMEND ANSWER Florida Bar No. 078218 DADE COUNTY and CITY OF MIAMI Defendants. The defendant, City of Miami, moves to amend the Answer filed in this cause to include a Third -Party Complaint as set forth in the attached Third -Party Complaint and as grounds therefor would show unto the Court that the amendment is necessary fcr the following reasons: 1. To bring before the Court necessary parties to the litigation who are in fact the responsible parties in the event that the allegations of the plaintiff's complaint are proven true. 2. To avoid unnecessary duplication of judicial labor in the event that the allegations of the plaintiff's complaint are proven true in that under such circumstances the City of Miami would have recourse against the Third -Party Defendants. 3. To do justice bet::cen the parties and to avoid the potentially unjust result of a verdict in this cause not being res judicata against the Third -Party Defendants. 4. That this matter is a recently filed case, having been filed in the latter part of May, 1984. WE HEREBY CERTIFY that a true copy cif the foregoing was this of , 1985, to: John G. Fletcher, Suite 222, 7600 Red Road, South Miami, Florida 33143, Attorney for Plaintiff; John J. Copelan, Jr., Deputy City Attorney, 169 East Flagler Street, Suite 1101, Miami, Florida 33131; and Jay W. Williams, Assistant County Attorney, 1626 Dade County Courthouse, Miami, Florida 33130. STEWART TILGHMAN FOX & BIANCHI, P.A. Suite 1900 44 West Flagler Street Miami, Florida 33130 Phone: (305) 358-6644 Attorneys for City of Miami