HomeMy WebLinkAboutR-04-0748City of Miami
Legislation
Resolution: R-04-0748
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01164 Final Action Date: 11/18/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAYADORNO & YOSS, P.A. TRUST ACCOUNT,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $7,000,000
(SEVEN MILLION DOLLARS) AS FOLLOWS: $3,500,000, TO BE PAID NO LATER
THAN DECEMBER 5, 2004 AND $3,500,000, TO BE PAID NO LATER THAN
DECEMBER 5, 2005, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS
AND SERVANTS, IN THE "REFUND" PORTION OF THE NAGYMIHALY, ET AL V.
THE CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO.
98-11208 CA-01, UPON EXECUTING A GENERAL RELEASE OF 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.
109001.280905.9.952.
WHEREAS, Eva Nagymihaly, as General Partner of Etc. Apartments, Jean Robert Proposer and
Jocelyn Prosper, Kenneth Merker, Gordon Willitts, and Algie Didlaukis, filed a claim and lawsuit
against the City of Miami, in the Miami -Dade County Circuit Court, Case No. 98-11208 CA-01, in
Miami, Miami -Dade County, Florida; 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 $7,000,000;
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. The Director of Finance is authorized to pay Adorno & Yoss, P.A. Trust Account,
without admission of liability, the sum of $7,000,000 (Seven Million Dollars), as follows: $3,500,000,
to be paid no later than December 5, 2004 and $3,500,000, to be paid no later than December 5,
2005, in full and complete settlement of any and all claims and demands against the City of Miami, its
officers, agents and servants in the "refund" portion of the Nagymihaly, et al v. The City of Miami, in
the Miami -Dade County Circuit Court, Case No. 98-11208 CA-01, in Miami, Miami -Dade County,
Florida, upon executing a general release of 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. 109001.280905.9.952.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami
Page 1 of 2 File Id: 04-01164 (Version: 1) Printed On: 10/17/2016
File Number: 04-01164 Enactment Number: R-04-0748
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: 04-01164 (Version: 1) Printed On: 10/17/2016