HomeMy WebLinkAboutR-84-0733L1
J-84-429
6/13/84
RESOLUTION NO. 84--733
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY MARINE, STADIUM ENTL,RPRISES,
INC., THE SUPS OF' $:35,821.00, IN TWO EQUAL
PAYMENTS, IN f UT,L AND COMPIA--I 'E SETTLEMENT OF
ANY AND AVA, CLAi.MS AND DEMANDS AGAINST THE
CITY OI; MITAMI, TTS OFFICERS AND LMPLOYEES,
PURSUANT TO THE ` E" RMS SET OUT IN THE SI.-TTLE-
MENT AGREEMENT, AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI, ITS
OFFICERS AND EMPLOYEES, FROM ALL CLAIMS AND
DEMANDS, AND UPON EXECUTION OF THE SETTLEMENT
DOCUMENTS.
WHEREAS, Marina Biscayne, Inc. filed a lawsuit against the
City of Miami and Marine Stadium Enterprises, Inc., as Co -
Defendants, for damages claimed as a result of the City of
Miami's placing out for bid Bid Parcel "B" of the Marine Stadium;
and
WHEREAS, the City of Miami has been ordered to reconfigure
the arrangements of Parcel "B" at Miami Marine Stadium pursuant
to the Order of Circuit Court; and
WHEREAS, Marine Stadium Enterprises, Inc. has agreed to give
an easement to the City of Miami for ingress and egress at the
Miami Marine Stadium; and
WHEREAS, [Marine Stadium Enterprises, Inc. has agreed to
release the City of Miami from liability for damages it may have
encountered due to the reconfiguration of Parcel "B", and
WHEREAS, the lawsuit can be settled by the payment of
$35,821.00 in a structured settlement of two payments, such money
to be used for improvements to the Bid Parcel "B" and of which
such improvements will inure to the benetit of the City of Miami
at the expiration of the leasehola;
NOW, THLREFOI2L:, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIllA:
Section 1. The Director of Finance is hereby authorized
to pay Marine Stadiun, Enterprises, Inc. the sum of Thirty Five
Thousand Eight Hundred Twenty One ($35,821.00) in a structured
settlement, with 50% of the payment at the time of entering into
the settlement and the agreed dismissal of pending claims, and
CITY
6-
the remaining payment at such time as certain improvements for
fencing, paving, electrical wiring, Jandscaping and plumbing are
completed by Marine Stadium co-ni-A-,ictors— Flirt her,
these paymenirs shall he in and complr Lc, s-ttl-cent of any
and all claims and dentantl:� acjainst the City of Miami, its
officers and employees, and j.5 condition upon the execution of
such documents, including releases, as required by the Office of
the City Attorney.
PASSED AND ADOPTED this 28th day of June 1984.
Maurice A. Terre
MAURICE A. FERRE
MAYOR
TEST:
� RAPH G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
,Pori. AIZ/JR.
De—puty Ci �yAttorney
APPROVED AS TO FORM AND CORRECTNESS:
OPP
_444
GARCIA-PEDROSA
(IV-y Attorney
JJC/wpc/ab/035
2
84-733
E
CITY of MIA.MI. FLORTOA
El
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor Maurice Ferre O."TE June 13, 1984 F'T-F'L-83-389
and Members of the City Commission J-84--429
SUBJECT: Marina Biscayne, Inc. vs.
City of Miami, et al.
FROM. REFERENCES. City Commission Agenda 6/28/84
Jose Garcia -Pedrosa
City Attorney
ENCLOSURES_Resolution)
This case is a case arising out of a lawsuit by Marina
Biscayne, Inc. vs. the City of Miami and Marine Stadium
Enterprises. As a result of the initial action filed by the
Plaintiff, the Co -Defendant, Marine Stadium Enterprises, Inc.,
filed a Crossclaim against the City of Miami arising out of the
same lawsuit. The subject suit concerned a particular parcel of
property located at the Marine Stadium which was leased by the
City to Marine Staaium ,nterprises, Inc. The lawsuit filed by
marina Biscayne, Inc. against the City and its lessee, Marine
Stadium Enterprises, Inc., alleged that the City violated the
City Charter in the procedure followed in the bidding selection
and award of Bid Parcel "B" at Miami Marine Stadium.
After a hearing, which extended over a three day period of
time, the Court denied part of the relief sought by Marina
Biscayne, Inc. while granting some relief to Marina Biscayne,
Inc. and also granting the relief_ sought by Marine Stadium
Enterprises, Inc. in its Crossclaim. After the consideration of
the evidence and testimony, and including a view of the scene,
the Court ruled as follows:
1. The City of Miami did not violate the City Charter in
the procedures followed in the bidding selection and
award of contract.
2. The Court round that there was no evidence supporting
any allegations of fraud, corruption, collusion or
conspiracy to commit any such acts, by anyone connected
with the case.
3. The Court found that the lease description entered into
was materially and substantially changed from that
84-733
Honorable Mayor Maurice Terre
and Members of the City Commission
June 13, 1984
Page 2
which was advertised and held out for invitation to bid
as to the actual. geography.
4. The Court also found that the above change in re-
figuring the bid irJas all to the City's benefit, and the
change was designed to solve an ingress and egress
problem to the Marine Stadium created by an error in
the original measurement of the parcel as contained in
the bidding documents.
5. The Court went on to find that the lease agreement, as
is presently executed, is invalid and it should be
returned to the City of Miami_ for corrective action.
6. The Court found that Marine Stadium Enterprises, Inc.,
Co -Defendant and Cross -Claimant, was not at fault and
reserved jurisdiction as to any such damages as may be
established against the City of Miami.
Subsequent thereto, a new lease has been prepared for
signature between the City of Miami and Marine Stadium Enter-
prises, Inc. Incorporated into this new agreement is a new
configuration of the bid Parcels pursuant to the Court's in-
struction, and the granting of an easement for ingress and egress
to the Marine Stadium. This easement allows the City to maintain
the present entrance to the Marine Stadium without having to
build a new entrance. In addition to the reconfiguration and the
easement, representatives of the City and of Marine Stadium
Enterprises, Inc. have met in negotiating a settlement to the
Crossclaim wherein the City was found liable. ''his settlement
would eliminate the need for further litigation as to the damages
of Marine Stadium Enterprises, Inc. It should be noted that in
January of 1983, Plaintiff, Marina Biscayne, Inc., took a
voluntary dismissal with prejudice for the action with respect to
all claims which it had in this lawsuit.
Marine Stadium Enterprises, Inc. has proposed to settle the
lawsuit conditioned on the City paying a sum for making certain
corrections to the newly configures parcel so as to accommodate
the easement and allow for the storage of boats. 'These im-
provements would become the property of the City at the end of
the leasehold period and consist of the following amounts and
descriptions: New fencing $3,896.00; new paving $15,300.00; new
electrical wiring S10,500.00; moving existing landscaping
$3,975.00; modif-ication to the plumbing 52,150.00; for a lump sum
total of $35,821.00. As part of the settlement negotiations,
Marine Stadium Enterprises, Inc. has agreed to contract with
individual contractors to do all the work at the above prices and
84-'733
PASSED AND ADOPTED this 28th ^f .Tuna
IF
'
Honorable Mayor Maurice Ferre
and Members of the City Commission
June 13, 1984
Page 3
to be }?aid in settlement as follows: 50& of the sum ($I7'91.0.50)
will be ;?aid at the time of Lhe entering into the settlement and
the agreed dismissal of pending claims; the remaining 50". would
be paid upon completion of all. the work and inspection by the
City of Miami to insure that the work was properly done. As part
Of the settlement, rlarin� stadium Enterprises, Inc. would release
the City of Miami and waive any claims to monetary damages, an
issue which is still pending before the Court. In addition,
Marine .9tadiom Enterprises would sign the Iease as reconfigured,
The Lease Hanagec/s Office and the Stadium Manager's Office,
who helped negotiate the proposed settlement offer along with the
City Attocney'o Office, recommend that the City of Miami pay the
sum of $35/821,00 according to the above -described payment
schedule in full and complete settlement of this claim against
the City of Miami and conditioned upon the execution by Marine
Stadium Enterprises, Inc. of certain settlement documents,
including releases for the City of Miami, its officers and
employees.
This should be scheduled for the City Commission meeting of
June 28, 1984 because the City must report back to the Court on
June 29, 1984 pursuant to the Court"a Order.
JJC/wpc/ab/021
Enclosure
cc: City Manager
cc: City Clerk
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