HomeMy WebLinkAboutR-15-0260City of Miami
Legislation
Resolution: R-15-0260
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01247 Final Action Date: 6/11/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY EDGEWATER CONSTRUCTION GROUP, INC.,
WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $336,938.00 IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE
CASE OF EDGEWATER CONSTRUCTION GROUP, INC. VS. CITY OF MIAMI, IN
THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 14-05075
CA 23, UPON EXECUTING A SETTLEMENT AGREEMENT AND MUTUAL
RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.302001.545013.0000.00000.
WHEREAS, Edgewater Construction Group, Inc. filed a claim and a lawsuit against the City of
Miami ("City"), in the Circuit Court in and for Miami -Dade County, Florida, Case No. 14-05075 CA 23;
and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $336,938.00; and
WHEREAS, Edgewater Construction Group, Inc. has agreed to submit a Consent of Surety to
the City;
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 Director of Finance is authorized to pay Edgewater Construction Group, Inc.
without admission of liability, the sum of $336,938.00, in full and complete settlement of any and all
claims and demands against the City of Miami, its officers, agents and servants, in the case of
Edgewater Construction Group, Inc. vs. City of Miami, in the Circuit Court in and for Miami -Dade
County, Florida, Case No. 14-05075 CA 23, upon executing a Settlement Agreement and Mutual
Release of the City, its present and former officers, agents, and employees from any and all claims
and demands, with funds allocated from Account No. 50001.302001.545013.0000.00000.
Section 3. The City Attorney is directed to ensure payment to subcontractors and suppliers
that furnished labor, material and equipment to the improvement of the City's property.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
City of Miami
Page 1 of 2 File Id: 14-01247 (Version: 21 Printed On: 3/6/2018
File Number: 14-01247 Enactment Number: R-15-0260
of the Mayor.{1}
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.
City of Miami Page 2 of 2 File Id: 14-01247 (Version: 21 Printed On: 3/6/2018