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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00750 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AND
GENERAL RELEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE LITTLE RIVER CLUB, INC. ("LRC"), IN FULL SETTLEMENT OF ALL
CLAIMS AND DEMANDS ARISING OUT OF OR RELATED TO THE FOLLOWING
MATTERS: CASE NO. 3D12-1945 (LOWER TRIBUNAL CASE NOS. 11-322AP AND
11-406AP) AND CASE NO. 11-24889 CA 15 AND UNDERLYING CITY OF MIAMI
CODE ENFORCEMENT CASES CE2011009668, CE2011010108, AND
CE2011012988; AND REVOCATION OF THE CERTIFICATE OF USE, PURSUANT
TO PLANNING AND ZONING ADVISORY BOARD("PZAB") RESOLUTION NO.
PZAB-R-11-040, ADOPTED SEPTEMBER 26, 2011; ALL RELATED TO THE DENIAL
OF AN EXCEPTION, PURSUANT TO RESOLUTION NO. 11-0185, ADOPTED APRIL
28, 2011, BY ENTERING INTO THIS SETTLEMENT AND GRANTING AN
EXCEPTION WITH CONDITIONS, (LEGISTAR FILE ID11-00027xc1), FOR THE
PROPERTY LOCATED AT 770 AND 776 NORTHEAST 80TH STREET, MIAMI,
FLORIDA; WITH EACH SIDE TO BEAR THEIR OWN COSTS AND ATTORNEYS'
FEES.
WHEREAS, Resolution No. 11-0185, adopted April 28, 2011, denied an exception for the use of
the parking lot at the rear of the property located at 753 and 755 Northeast 79th Street, Miami, Florida,
also known as 770 and 776 Northeast 80th Street, Miami, Florida ("Property"), owned by the Little
River Club, Inc. ("LRC"); and
WHEREAS, LRC in connection with the denial of the exception, appealed the denial and
subsequent code enforcement matters under Lower Tribunal Case Nos. 11-322AP and 11-406AP,
which were further appealed to the Third District Court of Appeal under Case No. 3D12-1945, which is
presently held in abeyance until the pendency of this hearing; and
WHEREAS, the LRC appealed the Zoning Administrator's Revocation of the Certificate of Use to
the Planning Zoning and Appeal's Board ("PZAB") under Legistar file id 11-00645za, PZAB R-11-040,
adopted September 26, 2011; and
WHEREAS, a dispute exists between the City of Miami ("City") and the LRC concerning the
lawfulness and appropriateness of the use of the LRC's parking lot, the City sued the LRC for
compliance under Case No. 11-24889 CA 15, and the LRC counterclaimed in the same action and said
case is still in litigation; and
WHEREAS, the City initiated Code Enforcement Case Nos. CE2011009668, CE20110.10108 and
CE2011012988; and
WHEREAS, notwithstanding the foregoing, LRC has worked with the City in trying to resolve any
open issues with this proposed Settlement and General Release Agreement in full settlement of the
denial of the exception, including, but not limited to, pending court and code enforcement cases
City of Miami Page 1 of 2 File Id: 13-00750 (Version: 1) Printed On: 6/18/2013
File Number: 13-00750
mentioned above ("Settlement"); and
WHEREAS, the parties wish to amicably resolve their differences with neither party admitting or
conceding any point of fact, law, liability, or defense; and
WHEREAS, LRC and the City have agreed upon entry into a Settlement in lieu of further litigation
in this matter related to the above mentioned cases; and
WHEREAS, the City Manager requests authorization to execute a Settlement and General
Release Agreement with LRC; in full settlement of all claims and demands arising out of or related to
the foregoing;
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 City Manager is authorized (1) to execute a Settlement and General Release
Agreement, in substantially the attached form, with LRC, in full settlement of all claims and demands
arising out of the denial of an exception, including, but not limited to, the related court cases and code
enforcement matters, at the Property as stated herein.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0, BRU
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 becomeeffective
immediately upon override of the veto by the City Commission.
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