HomeMy WebLinkAboutR-13-0265City of Miami
Legislation
Resolution: R-13-0265
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00750 Final Action Date: 6/27/2013
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. 11-322APAND
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 ITS 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 during the pendency of consideration of this resolution; 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, and 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 currently in litigation; and
WHEREAS, the City initiated Code Enforcement Case Nos. CE2011009668, CE2011010108 and
CE2011012988 related to the Property; and
WHEREAS, notwithstanding the foregoing, LRC and the City propose the attached Settlement
and General Release Agreement in full settlement of the denial of the exception, including, but not
City of Miami
Page 1 of 2 File Id: 13-00750 (Version: 21 Printed On: 9/1/2017
File Number: 13-00750 Enactment Number: R-13-0265
limited to, pending court and code enforcement cases mentioned above ("Settlement"); 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}
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: 13-00750 (Version: 21 Printed On: 9/1/2017