HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00167 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT
TO THE CITY OF MIAMI, IN THE AMOUNT OF $500,000, IN SETTLEMENT OF
THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE OF CITY OF
MIAMI VS. CONE CONSTRUCTORS, INC. AND AMERICAN HOME ASSURANCE
COMPANY IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 03-18622 CA (08),
PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; AND
DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, on or about October 16, 1997, Cone Constructors, Inc., a general contractor, entered
into a contract with the City of Miami whereby the City would pay Cone Constructors, Inc. over two
million dollars for work at the Dinner Key Boatyard -Marina Docks, Contract # H-1088; and
WHEREAS, Cone Constructors, Inc. defaulted and failed to timely complete the project within the
scope of work of the Contract; and
WHEREAS, American Home Assurance, the bonding company for Cone Constructors, Inc., was
notified of the contractor's default, but failed to hire a completion contractor or pay the City to complete
the project; and
WHEREAS, the City of Miami on August 12, 2003 filed a lawsuit against Cone Constructors, Inc.
and American Home Assurance Company alleging causes of action for breach of contract and specific
performance, in a case captioned City of Miami vs. Cone Constructors, Inc. and American Home
Assurance Company in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 03-18622 CA (08)("the Lawsuit"); and
WHEREAS, American Home Assurance Company, the bonding company for Cone Constructors,
Inc., and the City of Miami wish to settle all claims by the City of Miami in the Lawsuit; and
WHEREAS, acceptance of the $500,000 payment by American Home Assurance Company to the
City of Miami, in settlement of all claims of the City of Miami against Cone Constructors, Inc. and
American Home Assurance Company in the Lawsuit, pursuant to the terms more fully set forth in the
Settlement Agreement, has been evaluated, approved and recommended by the City Attorney;
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.
City of Miami Page 1 of 2 Printed On: 2/19/2008
File Number: 08-00167
Section 2. A settlement, in the amount of $500,000, in full settlement of the City of Miami's claims
and demands for the case of City of Miami vs. Cone Constructors, Inc. and American Home
Assurance Company in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, Case No. 03-18622 CA (08), pursuant to the terms of a Settlement Agreement, is accepted.
Section 3. The City Manager is authorized{1} to execute the Settlement Agreement and all
necessary documents, in a form acceptable to the City Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that
may be imposed by the City Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
{2} 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
Printed On: 2/19/2008