HomeMy WebLinkAboutResolutionJ-03-457
05/14/03
RESOLUTION NO. 03- 5 i i.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PAYMENT IN THE SUM OF
$1,000,000 TO ST. JOHN COMMUNITY DEVELOPMENT
CORPORATION, IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY, IN THE
CASE OF THE CITY OF MIAMI AND SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND
ST. JOHN COMMUNITY DEVELOPMENT CORPORATION,
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. 00-30414 CA (13), UPON
DELIVERY OF A RELEASE FOR THE CITY OF MIAMI
AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY (CRA), ITS PRESENT AND
FORMER OFFICERS, AGENTS AND EMPLOYEES FROM
ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS FROM THE CITY'S GENERAL FUND INDEX CODE
001.000, IN THE SUM OF $195,000, HOME FUNDS
INDEX CODE 198008.063615.4.339, IN THE SUM OF
$665,417.32, CDBG FUNDS INDEX CODE
799126.457275.6.979, IN THE SUM OF $85,000,
AND THE WAIVER AND RELEASE OF OUTSTANDING
LIENS IN THE SUM OF $54,582.68.
WHEREAS, The City of Miami and Community Redevelopment
Agency ("CRA") filed a declaratory judgment action against Lyric
Village Housing, Inc. ("LVHI") and St. John Community Development
Corporation ("St. John CDC"), in the Circuit Court of the
Eleventh Judicial District, Case No. 01-25455 CA (09), in Miami,
Miami -Dade County, Florida; and
CITY CQMMISSION
MEETING U£
MAY 2 2 20113
Resolution iip.
03- 511
WHEREAS, LVHI and St. John CDC have filed counterclaims
against the City of Miami and the CRA in connection therewith;
and
WHEREAS, the above claim has been investigated by the City
Attorney's Office pursuant to Section 18-232 of the Code of the
City of Miami, Florida, as amended, which created the City of
Miami's Self -Insurance and Insurance Trust Fund and said Office
recommends that the claim and lawsuit be settled for the sum of
$1,000,000;
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 payment in the sum of $1,000,000 is
authorized to St. John CDC, in full and complete settlement of
any and all claims and demands against the City of Miami and
Southeast Overtown/Park West Community Redevelopment Agency, in
the case of City of Miami and Southeast Overtown/Park West
Community Redevelopment Agency vs. Lyric Village Housing, Inc.
and St. John Community Development Corporation, in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. 00-30414 CA (13), upon delivery of a
Release for the City of Miami and the CRA, its present and former
officers, agents and employees from any and all claims and
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03- 511
demands, with funds allocated from the City's General Fund, Index
Code No. 001.000, in the amount of $195,000, HOME Funds, Index
Code 198008.063615.4.339, in the sum of $665,417.32, CDBG Funds,
Index Code 799126.457275.6.979, in the sum of $85,000, and the
waiver and release of outstanding liens in the sum of $54,582.68.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1"
PASSED AND ADOPTED this 22nd day of May , 2003.
ATTEST:
ANUEL A. DIAZ, M
PRISCILLA A. HO SON
7 CITY CLERK
APPROVED •
A
AdIrrira Pr ARELLO
0 ' ORNEY KRM
W7 a8:tr:AS
1/
ND CORRECTNESS:'/
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.
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