HomeMy WebLinkAboutCover MemoCA.18
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable
FROM: Jorge L. Fernan
DATE: October 3, 20(lf!
or and Members of the City Commission
ity A1tor ew
RE: Proposed Settle • ent-City Commission Agenda -October 12, 2006
Latin American Gourmet Restaurant, Inc v. City of Miami
Case No. 05-22088 CA 13
(File No. 06-01699)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami, and the City of Miami Police Department in the above -referenced case for a
total sum of Two Hundred Fifty Thousand Dollars ($250,000).
This lawsuit involves a claim against the City of Miami brought by Latin American
'ourmet Restaurant, Inc., for declaratory action and damages. Plaintiff is suing the City of
Miami for the value of a building constructed by the on City of Miami property. Plaintiff claims
that the management agreement entered into with the City of Miami violated the Charter and was
void ab initio. Plaintiff claims that .the building cost one Million Four Hundred Thousand
($1,400,000) dollars to construct. The City of Miami is in the final stages of agreement to sell the
property to a third party and expect to close by the end of the year. The settlement compelled the
Plaintiff to immediately vacate the premises taking no significant personal or business related
property or fixtures. The settlement also requires Latin American Gourmet Restaurant, Inc., to
transfer to the City of Miami all Plaintiff's personal property, business property and fixtures on
the premises with an original cost exceeding Three Hundred Thousand ($300,000) Dollars.
This case was mediated before the Honorable Gerald Wetherington with members of the
administration present.
It is anticipated that funds from the closing on the sale of the property in question will be
used to pay this settlement. However, funds are available from Fiscal Year 2008 General Fund,
subject to appropriation.
W1319:HJH
Attachment(s)
c: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator