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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01258 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE SETTLEMENT AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE ("KEY BISCAYNE"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS IN LITIGATION BY KEY BISCAYNE INVOLVING THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. WHEREAS, this Resolution seeks authorization for the settlement of all claims brought by the Village of Key Biscayne ("Key Biscayne") involving the City of Miami ("City"), by the City's entry into a settlement agreement with Key Biscayne that would also serve as a joint management agreement for the parcel by both municipalities, accepting a capital contribution by Key Biscayne, and recording a covenant to that effect; and WHEREAS, Key Biscayne initiated lawsuits against the City seeking to enjoin the City from its plans to renovate a portion of the Marine Stadium property into what Key Biscayne describes as an "ongoing commercial event and exhibition venue." Key Biscayne alleges, among other things, that the City's plans for a boat show violate the comprehensive plan; violate the Miami 21 Code; and violate the 1963 deed of the property from Miami -Dade County for "Marine Stadium and allied purposes only"; 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 fully set forth in this Section. Section 2. The settlement agreement between the City and Key Biscayne, in full settlement of all claims and demands in all litigation involving the City, is accepted. Section 3. The City Manager is authorized 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. {1} APPR• ED AS 0 FQRM ND f ►RVECTN SS: VICTOA MEN .'EZ CITY ATTORNEY City ofMiami Page 1 of 2 File Id: 15-01258 (Version: 1) Printed On: 9/29/2015 File Number; 15-01258 Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 Mianti Page 2 of 2 File Id: 15-01258 (Version: 1) Printed On: 9/29/2015