HomeMy WebLinkAboutR-79-0115GMM/s
2/9/79
RESOLUTION NO. 7 9- 1 1 5
A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR
OF FINANCE TO PAY TO PLASMA CORP. OF AMERICA THE SUM
OF TWENTY TWO THOUSAND ($22,000) DOLLARS, AGREED UPON
AND INCORPORATED IN THE SETTLEMENT AGREEMENT, IN FULL
AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS AGAINST
"SUPPORT'VETHE CITY OF MIAMI ARISING OUT OF THE FINAL JUDGMENT
ENTERED IN THE CIRCUIT COURT IN FAVOR OF PLASMA CORP. OF
DOCUMENTS AMERICA AND AGAINST THE CITY OF MIAMI.
FOLLOW"
WHEREAS, the Plaintiff, Plasma Corp. of America filed an
action against the City of Miami in 1976 for declaratory judgment and
injunctive relief due to the City's refusal to issue a Certificate of
Occupancy for the premises located at 161 N.E. 4th Street, Miami,
Florida; and
WHEREAS, the final judgment entered by the Circuit Court
states that the City of Miami had wrongfully withheld said Certificate
of Occupancy; and
WHEREAS, a supplemental complaint for damages was subsequently
filed to recover those losses suffered by the plaintiff due to the
withholding of the said Certificate of Occupancy; and
WHEREAS, after considerable negotiation and discussion
counsel for the plaintiff has agreed to accept the sum of Twenty Two
Thousand ($22,000) Dollars in full and complete satisfaction of any
damages suffered by the plaintiff arising out this action; and
WHEREAS, it is advantageous to the City of Miami to pay this
sum to effect a considerable savings;
NOW, THEREFORE, BE IT RESOLVED BY THE Q
96
nIfw. thh EX
CITY OF MIAMI, FLORIDA: ITEM NO Y
Section 1. The Director of Finance is hereby directed to
pay to Plasma Corp. of America the sum of Twenty Two Thousand ($22,000)
Dollars, agreed upon and incorporated in the settlement agreement,
in full and complete satisfaction of any and all claims against the
City of Miami arising out of the final judgment entered in the Circuit
Court in favor of Plasma Corp. of America and against the City of Miami.
CITY COMMISSION
MEETING OF
FEB :6 ii'J
-11,
PIM
PASSED AND ADOPTED this
1979.
AT
PREPARED AND APPROVED BY:
/
G.
t ' RI Art MAER
ASSISTANT CITY ATTORNEY
APPRO TO FORM
GEORG KNIX, JR.
CITY AT 'RNEY
26 day of
FEBRUARY
MAURICE A. FERRE.
CTNESS:
MAYOR
"SUPPORTIVE
DOCUMENTS
FOLLOW"
2. 79-115
3y
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
To: The Honorable Members of
the City Commission
•
FROM.
Georg F. Knox, Jr.
City ! ttorney
DATE.
SUBJECT:
February 5, 1979
FILE:
Plasma Corp. of America vs.
City of Miami
Case No. 76-6567
REFERENCES:
ENCLOSURES:
This case filed by Plasma Corp. of America against the
City of Miami in 1976, resulted in a determination by
Judge Stettin in February of 1977, that the City of
Miami had wrongfully withheld the Certificate of Occupancy
from Plasma Corp., thus subjecting the City to a future
action for damages for business losses incurred by Plasma
Corp. during said period.
Plasma Corp. filed a supplemental complaint for damages
in April of 1977 and the trial was scheduled for January
29, 1979. The approximate damages as estimated by the
plaintiff's counsel and accounting staff were in the
neighborhood of $140,000. The City retained the CPA firm
of Merlo and Associates, and with their assistance concluded
that the actual business expenses and injury to Plasma Corp.
of America during said period were approximately $40,000.00.
After extensive negotiation and discussion, a settlement was
reached in the amount of $22,000.00.
If the case went to trial, the exposure to the City would
be somewhere between the $40,000 determined by our CPA's
and the $140,000 claimed by the Plaintiff's CPA's.
It is therefore recommended that this settlement be approved
to avoid the obvious exposure to the City of a verdict
higher than the settlement amount, plus the high costs of
litigation.
GFK/GMM/s
79-115