HomeMy WebLinkAboutR-07-0127City of Miami
Legislation
Resolution: R-07-0127
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00244 Final Action Date: 3/8/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY OVERTOWN VENTURES, INC., WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $155,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF OVERTOWN
VENTURES, INC. VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNTY, CASE NO.: 94-13825 CA 02, AND IN THE CASE OF CITY
OF MIAMI VS. OVERTOWN VENTURES, INC., IN THE CIRCUIT COURT IN AND
FOR MIAMI-DADE COUNTY, CASE NO.: 06-00771 CA 06, UPON THE EXECUTION
BY OVERTOWN VENTURES, INC., OF A GENERAL RELEASE OF ALL CLAIMS
AND DEMANDS, A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE IN
BOTH LAWSUITS, AND A SURRENDER OF THE LEASED PREMISES LOCATED
AT 1490 NORTHWEST 3RD AVE., MIAMI, FL 33136 AND TERMINATION OF THE
LEASE; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.549000.0000.00000.
WHEREAS, Overtown Ventures, Inc., and the City of Miami are engaged in litigation in the Circuit
Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case Nos.: 94-13825
CA 02 and 06-00771 CA 06, concerning the maintenance of the premises by the City, the lack of
payment of rent by Overtown Ventures, Inc., and the failure of the City to consent to an assignment of
a portion the leased premises to a third party; and
WHEREAS, the Department of Public Facilities has evaluated these claims and lawsuits, and the
City Attorney's Office has investigated these claims and lawsuits, 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, with conditions for the sum of $155,000;
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 Overtown Ventures, Inc., without
admission of liability, the sum of $155,000 in full and complete settlement of any and all claims and
demands against the City of Miami, in the case Overtown Ventures, Inc. v. City of Miami, in the Circuit
Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No. 94-13825 CA
02, and in the case City of Miami v. Overtown Ventures, Inc., in the Circuit Court of the Eleventh
Judicial Circuit, in and for Miami -Dade County, Florida, Case No.: 06-00771 CA 06, upon the
execution by Overtown Ventures, Inc., of a general release of all claims and demands, a dismissal of
the City of Miami with prejudice in both lawsuits, and a surrender of the leased premises located at
1490 Northwest 3rd Ave., Miami, FL 33136, and termination of the lease, with funds allocated from
City of Miami
Page 1 of 2 File Id: 07-00244 (Version: 1) Printed On: 3/20/2017
File Number: 07-00244 Enactment Number: R-07-0127
Account No. 00001.980000.549000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
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: 07-00244 (Version: 1) Printed On: 3/20/2017