HomeMy WebLinkAboutR-04-0227City of Miami
Legislation
Resolution: R-04-0227
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00257 Final Action Date: 4/8/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BUNKERS OF MIAMI, A
FLORIDA JOINT VENTURE; BUNKERS OF MIAMI, INC., A FLORIDA
CORPORATION, BUNKERS MANAGEMENT GROUP, INC., A FLORIDA
CORPORATION; AND BUNKERS, INC., A FLORIDA CORPORATION
(HEREINAFTER "BUNKERS"), WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$850,000 PLUS AN ANNUAL PAYMENT OF $110,000 PER YEAR UNTIL 2007 TO
CHARLES DELUCCA FOR MANAGEMENT OF THE MELREESE GOLF COURSE,
IN FULL AND COMPLETE SETTLEMENT, PURSUANT TO THE SETTLEMENT
AGREEMENT AND APPENDICES, ATTACHED, OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND
SERVANTS, IN THE CASE OF BUNKERS, ET AL. V. CITY OF MIAMI,
ARBITRATION CASE NO. 32 Y 181 00459 03, UPON EXECUTING A GENERAL
RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 515001.624401.6.650; FURTHER AUTHORIZING THE
TERMINATION OF THE MANAGEMENT AGREEMENT DATED JANUARY 25, 1996
BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, A FLORIDA JOINT
VENTURE.
WHEREAS, the City of Miami and Bunkers of Miami, a Florida Joint Venture, entered into a
Management Agreement dated January 25, 1996, for the management of the Melreese Golf Course
("golf course"); and
WHEREAS, Bunkers of Miami, a Florida Joint Venture; Bunkers of Miami, Inc., a Florida
Corporation, Bunkers Management Group, Inc., a Florida Corporation; and Bunkers, Inc., a Florida
Corporation, filed a claim in arbitration against the City of Miami, in the Arbitration Case No. 32 Y 181
00459 03; and
WHEREAS, the City Attorney's Office has investigated this claim and lawsuit, pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $850,000, plus an agreement to
retain Charlie Delucca as an independent contractor to manage the golf course through December
31, 2007, for $110,000 per year; and
WHEREAS, the settlement agreement provides for the termination of the Management
Agreement and the release of all claims relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami
Page 1 of 2 File Id: 04-00257 (Version: 11 Printed On: 9/7/2016
File Number: 04-00257 Enactment Number: R-04-0227
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Bunkers of Miami, a Florida Joint
Venture, Bunkers of Miami, Inc., a Florida Corporation, Bunkers Management Group Inc., a Florida
Corporation; and Bunkers, Inc., a Florida Corporation (hereinafter "Bunkers"), without admission of
liability, the sum of $850,000 plus an annual payment of $110,000 per year until 2007 to Charles
Delucca for management of the Melreese Golf Course, in full and complete settlement, pursuant to
the settlement agreement and appendices, attached, of any and all claims and demands against the
City of Miami, its officers, agents and servants in the case Bunkers, et al. v. City of Miami, Arbitration
Case No. 32 Y 181 00459 03, upon executing a general release for the City of Miami, its present and
former officers, agents and employees from any and all claims and demands, with funds allocated
from the Self -Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.650, further
authorizing the termination of the Management Agreement dated January 25, 1996, between the City
of Miami and Bunkers of Miami, a Florida Joint Venture.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 04-00257 (Version: 11 Printed On: 9/7/2016