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CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor
FROM: Jorge L. Fernande
DATE: February 20, 20
RE:
ember . f the City Commission
orney
Proposed Settlement — City Commission Agenda — March 8, 2007
Overtown Ventures, Inc. v. City of Miami, Miami -Dade County
Circuit Court, Case No.: 94-13825 CA 02
City of Miami v. Overtown Ventures, Inc., Miami -Dade County
Circuit Court, Case No.: 06-00771 CA 06
Claim No.: 000757-017631-EO-01 (File No. 07-00244)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami asserted in the above -referenced cases, and for the termination and
surrender of the lease for the Crown Supermarket and adjacent Law Office, in the amount of
$15 5,000.
In these two cases the City and the tenant, Overtown Ventures, were litigating the amount
of rent due resulting from the City's failure to timely repair the grease trap behind the Overtown
Shopping Center, and whether the City was properly withholding its consent to the assignment of
the leasehold to a third party. This settlement resolves all claims between the parties, terminates
the lease, and puts the City in possession of the premises.
Funds in the amount of $155,000 will be allocated from Account No.
00001.980000.5 49000, 0000.00000.
WRB
Attachment(s)
c. Pedro Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator
65310