HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable Mayor a d Members of the City Commission
Jorge L. Fernan ' ityy torney
October 17, 2006
Hammes Company Sports Development, Inc. v. City of Miami, et al.
Case No.: 06-20363 CIV-COOKE
Proposed Resolution for payment of $750,000 Settlement
October 26, 2006 Meeting; File No.06-01877; Matter ID No.: 06-95
The attached proposed Resolution pertains to Hammes Company Sports Development,
Inc., et al. v. City of Miami, et al,. Case No. 06-20363 CIV-COOKE, the litigation filed by
Hammes Company Sports Development, Inc,. a Wisconsin corporation ("Hammes
Wisconsin") and Hammes Sports Development of Florida, LLC, a Florida limited liability
company against the City and Joe Arriola in connection with a project management agreement
that had been awarded to Hammes Wisconsin for renovation of the Orange Bowl and other
work allegedly performed by Hammes Wisconsin on behalf of the City. The Resolution
awarding the project management agreement to Hammes Wisconsin was subsequently
rescinded.
The alleged claims against the City are for declaratory judgment, injunctive relief,
breach of written contract, breach of oral contract, promissory estoppel, mandamus and 42
U.S.C. §1983. Arriola was named as a defendant because he was the City Manager at the time
the suit was filed who would allegedly have been required to execute a contract with Hammes
Wisconsin if Plaintiffs' mandamus claim were granted. The lawsuit was filed by Plaintiffs on
January 19, 2006.
The attached proposed Resolution will, if adopted, authorize the payment of $750,000
by the City, in full settlement of any and all claims by Plaintiffs against the City and Arriola.
The settlement is recommended by this Office.
Enclosure
MJS
c: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator
Doc. No.: 55402