HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney 767 X t
DATE: April 11, 2024
RE: City Commission Meeting — April 11, 2024
Full and Final Settlement regarding the matter of Chalks Airline, Inc., a
Florida Corporation, and Nautilus Enterprises, LLC, a Florida Limited
Liability Company.
Case No.: 18-30887 CA 23
File No.: 15750
The attached proposed Resolution seeks authorization for full and final
settlement of all claims asserted against the City of Miami ("City") by Chalks Airline, Inc.,
a Florida Corporation, and Nautilus Enterprises, LLC, a Florida limited liability company
(collectively, "Chalks"). This settlement will fully settle this case and dismiss all claims
against the City, with prejudice. The Court has determined that the City is liable and the
only issue remaining for the Court's consideration is the amount of damages.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JAG/KRJ
City of Miami
Legislation
Resolution
Enactment Number: R-24-0143
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
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 ey ) 4/2/2024