HomeMy WebLinkAboutSubmittal-John Gilbert-Letter of OppositionShubinBass
PROFESSIONAL ASSOCIATION
Via Email
May 27, 2015
Mr. Todd B. Hannon
City Clerk, City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: Opposition to Agenda Items PH.2, RE.5 RE.7, RE.8, R.E.9, RE.10, RE.11,
RE.12, RE.13, RE.15 and RE.16 on the May 28, 2015 City of Miami
Commission Agenda
Dear Mr. Hannon:
On behalf of this firm's client, the Village of Key Biscayne ("Village" or "Client"), we
are writing to advise you that our Client objects to Agenda Items PH.2, RE.5, RE.7, RE.8, R.E.9,
RE.10, RE.11, RE.12, RE.13, RE.15 and RE.16 on the May 28, 2015 City of Miami Commission
Agenda (the "Agenda Items"). We request that this Letter be incorporated by the Clerk into any
final record for the Agenda Items. (Agenda Items PH.2, RE.5 RE.7, RE.8, R.E.9, RE.10, RE.11,
RE.12, RE.13, RE.15 and RE.16 of the May 28, 2015 City of Miami Commission Meeting).
Our Client specifically objects to the Agenda Items to the extent that the Agenda Items:
(i) relate in any way to the Revocable License between the City and NMMA, approved by the
City Commission on January 8, 2015 via Resolution R-15-0009 (the "License Agreement"), (ii)
relate to any permits or approvals related to any activity under the License Agreement, and (iii)
to the extent that any of the agreements contained within the Agenda Items were negotiated in
violation of Florida's Government -in -the -Sunshine Law.
We would also like to advise you of pending litigation related to the very action the
Commission plans to take related to these Agenda Items, specifically a lawsuit filed in Circuit
Court to declare the License Agreement void because, among other reasons, it was negotiated in
violation of Section 286.011 of Florida's Government -in -the -Sunshine Law (Village of Key
Biscayne v. National Marine Manufacturers Association et. al., Case No. 15-009160) (the
"Lawsuit"). The Village maintains that any additional agreements between the City and the
NMMA made outside of the Sunshine, or in relation to the void License Agreement, are also
void as a matter of law, and that no action taken by the Commission "cures" the legal defects
identified in the Lawsuit.
Submitted into the public
record for item(s) Pf4 •
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(506.7 Fax 305 381 9 7
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U4- Opposition
As a result of the foregoing, our Client objects to the Agenda Items as they relate to the
License Agreement and respectfully requests that the City remove the Agenda Items from the
May 28th Agenda until a final determination in the Lawsuit is made by the Circuit Court. As
always, please do not hesitate to contact me should you wish to discuss this matter.
Sincerely,
John K. Shubin
For the Firm
cc: Mayor Tomas P. Regalado, City of Miami
Commissioner Wifredo (Willy) Gort, City of Miami
Commissioner Marc Sarnoff. City of Miami
Commissioner Frank Carollo, City of Miami
Commissioner Francis Suarez. City of Miami
Commissioner Keon Hardemon, City of Miami
City Attorney Victoria Mendez, City of Miami
Mayor Mayra Pena Lindsay, Village of Key Biscayne
Village Council. Village of Key Biscayne
Village Manager John C. Gilbert, Village of Key Biscayne
Alan Diamond, Esq., Counsel for NMMA
ShubinBass
Submitted into the public
record for item(s) P H •2 12 E • G
RE.�, i2t 3 fZt�1,�� 10,��.II,�1r.12,l3,fton L•7 • ►.7 . City Clerk
2