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HomeMy WebLinkAboutR-11-0049City of Miami Legislation Resolution: R-11-0049 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01433 Final Action Date: 2/10/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY COLUMBUS PROPERTIES, INC., AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS AND 00/100 ($195,000.00), 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 COLUMBUS PROPERTIES, INC., VS. CITY OF MIAMI, PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 10-40654 CA 05, UPON THE EXECUTION OF A SETTLEMENT AGREEMENT AND A DISMISSAL OF THE ACTION WITH PREJUDICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. WHEREAS, Columbus Properties, Inc. ("Columbus Properties") filed a lawsuit against the City of Miami, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No.: 10-40654 CA 05, concerning a lease agreement executed for the benefit of the Civilian Investigative Panel; and WHEREAS, the City Attorney's Office has investigated this claim and lawsuit, and recommends that said claim and lawsuit be settled for a sum not to exceed $195,000; 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 Columbus Properties, Inc., without admission of liability, a sum not to exceed $195,000, with said funds allocated from Account No. 05002.301001.545000.0000.00000, in full and complete a settlement of any and all claims and demands against the City of Miami, in the case of Columbus Properties, Inc. v. City of Miami, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 10- 40654 CA 05, upon the execution of a settlement agreement in a form acceptable to the City Attorney and dismissal with prejudice of the lawsuit. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor {1 }. City of Miami Page 1 of 2 File Id: 10-01433 (Version: 1) Printed On: 9/27/2017 File Number: 10-01433 Enactment Number: R-11-0049 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. City of Miami Page 2 of 2 File Id: 10-01433 (Version: 1) Printed On: 9/27/2017