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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01218
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT
TO THE CITY OF MIAMI, IN THE AMOUNT OF $75,000, IN SETTLEMENT OF THE
CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. D.H. GRIFFIN
CONSTRUCTION OF FLORIDA, LLC, ET AL., FILED IN THE CIRCUIT COURT IN
AND FOR THE ELEVENTH JUDICIAL CIRCUIT UNDER CASE NO. 08-45701 CA
02; DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE THE SETTLEMENT.
WHEREAS, the City of Miami ("City") owns the Historic Dr. James M. Jackson Office located at
190 Southeast 12th Terrace, Miami, Florida, and leases the property to the Dade Heritage Trust; and
WHEREAS, in 2004 D.H. Griffin Construction of Florida, LLC, commenced construction of the
Solaris Condominium adjacent to the Dr. Jackson Office, and during the course of construction caused
damage to the City's property; and
WHEREAS, in 2008 the City filed suit against D.H. Griffin Construction of Florida, LLC, in Circuit
Court under case no.: 08-45701 CA 02 to recover for damages to the Dr. Jackson Office; and
WHEREAS, in 2010 the City paid $115,532 for painting, exterior repairs and landscaping at the Dr.
Jackson Office property; and
WHEREAS, D. H. Griffin Construction of Florida, LLC, has offered to settle this case in the amount
of $75,000; and
WHEREAS payment in the amount of $75,000 to the City, in settlement of all claims in this case,
has been evaluated by the City Attorney and is recommended for approval 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.
Section 2. Payment to the City, in the amount of Seventy Five Thousand Dollars ($75,000), in full
settlement of the claims and demands for the case of City of Miami vs. D. H. Griffin Construction of
Florida, LLC, in Case No.08-45701 CA 02 , is accepted.
Section 3. The City Manager is authorized{1} to execute all necessary documents, in a form
acceptable to the City Attorney, to effectuate the Settlement.
City of Miami Page 1 of 2 File Id: 10-01218 (Version: 1) Printed On: 11/1/2010
Fite Number: 10-01218
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU L
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 • File Id: 10-01218 (Version: 1) Printed On: 11/1/2010