HomeMy WebLinkAboutR-24-0143City of Miami
Resolution R-24-0143
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15750 Final Action Date: 4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
SETTLEMENT AGREEMENT WITH CHALKS AIRLINE, INC., A FLORIDA
CORPORATION, AND NAUTILUS ENTERPRISES, LLC A FLORIDA LIMITED
LIABILITY COMPANY (COLLECTIVELY "CHALKS"), IN CASE NUMBER 18-
30887 CA 23, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
NECESSARY DOCUMENTS TO EFFECTUATE SAID SETTLEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT CHALKS'
EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS,
AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH
PREJUDICE, UPON THE CITY OF MIAMI'S COMPLETION OF CERTAIN
SPECIFIC TERMS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY;
AUTHORIZING THE CITY MANAGER TO AMEND THE CAPITAL PLAN TO
APPROPRIATE, ALLOCATE, RE -APPROPRIATE OR RE -ALLOCATE FUNDS
FOR THE COMPLETION OF CAPITAL IMPROVEMENTS AS MAY BE
SPECIFIED IN SAID AGREEMENT AT THE TIME OF NEED.
WHEREAS, Chalks Airlines, Inc., a Florida Corporation, and Nautilus Enterprises, LLC a
Florida Limited Liability Company (collectively "Chalks"), has filed a suit alleging breach of
contract resulting in delay damages in the Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 18-30887-CA-01, concerning the Amended and
Restated Air Terminal Facilities sublease; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that Chalks claims against the City of Miami ("City") be resolved
pursuant to a Settlement Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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. A Settlement Agreement with Chalks in Case Number 18-30887 CA 23,
pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, is approved.
Section 3. The Manager is authorized to execute any and all necessary documents to
effectuate said settlement, including accepting Chalks' execution of a general release of their
City of Miami Page 1 of 2 File ID: 15750 (Revision:) Printed On: 4/26/2024
File ID: 15750 Enactment Number: R-24-0143
claims and demands, and a dismissal of their claims against the City with prejudice, upon the
City's completion of certain specific terms, in a form acceptable to the City Attorney.
Section 4. The City Commission hereby approves and authorizes the City Manager to
appropriate, allocate, re -appropriate, or reallocate funds for the capital improvements as may be
specified in the settlement agreement at the time of need.
Section 5. Certain necessary actions by the City Manager and designated City officials
and departments made in order to update the Capital Plan, relevant financial controls and
computer systems in connection therewith, for project close-outs, and for grants and other
funding sources in progress in connection herewith are ratified, approved, and confirmed.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
4/2/2024
City of Miami Page 2 of 2 File ID: 15750 (Revision:) Printed on: 4/26/2024