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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00979 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT,
ASSUMPTION OF LEASE AGREEMENT AND AMENDMENT NO. 4, IN
SUBSTANTIALLY THE ATTACHED FORM, AND AUTHORIZING THE CITY
ATTORNEY TO ENTER INTO AN AMENDED STIPULATED SETTLEMENT (WITH
EXHIBITS), IN SUBSTANTIALLY THE ATTACHED FORM, WITH OVERTOWN
VENTURES, INC., TO RESOLVE PENDING LITIGATION, WITHOUT ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS ASSERTED BY EITHER PARTY, IN CIRCUIT COURT
CASE NOS, 94-13825 CA 02, AND 06-0071 CA 06.
WHEREAS, Overtown Ventures, Inc., and the City of Miami ("City") are currently engaged in
litigation pending in the Circuit Court of the 11th Judicial Circuit, Case No. 94-13825 CA 02, and Case
No. 06-0071 CA 06; and
WHEREAS, Overtown Ventures, Inc., has offered to settle the aforementioned litigation matters, in
substantially the attached form(s);
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 City Manager is authorized{1} to execute an Assignment, Assumption of Lease
Agreement and Amendment No. 4, in substantially the attached form, and the City Attorney is
authorized to enter into an Amended Stipulated Settlement (with exhibits), in substantially the attached
form, with Overtown Ventures, Inc., to resolve pending litigation, without admission of liability, in full
and complete settlement of any and all claims and demands asserted by either party in Circuit Court
Case Nos. 94-13825 CA 02, and 06-0071 CA 06.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND C RRECTNESS:'
JORG:L.F NANDEZW
CITY ' TOR EY
Cilp of Miami
Page 1 of 2 Printed On: 6/i 2/2006
File Number. 06-00979
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: 6/12/2006