HomeMy WebLinkAboutR-15-0313City of Miami
Legislation
Resolution: R-15-0313
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00816 Final Action Date: 7/23/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS
AUTHORIZING A RENT CREDIT IN THE AMOUNT OF $50,000.00, WITHOUT
ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS FOR THE CASE OF THE CITY OF MIAMI VS. GROVE
KEY MARINA, INC., PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE
COUNTY, CASE NO. 13-12967 CA 04, PURSUANT TO THE TERMS OF THE
SETTLEMENT AGREEMENT AND RELEASE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAME IN SUBSTANTIALLY THE ATTACHED FORM,
AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
WHEREAS, the City of Miami, filed a lawsuit against Grove Key Marina, Inc., in the Circuit
Court in and for Miami -Dade County, Case No. 13-12967 CA 04, arising from a declaratory judgment
and breach of contract claim; and
WHEREAS, the City of Miami and Grove Key Marina, Inc. have agreed to settle all claims and
exchange mutual releases of all claims arising from or relating to the lawsuit, subject to the final
approval of the City Commission; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit, and
recommends that said claims and lawsuit be settled with a rent credit in the amount of $50,000.00;
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. A rent credit is hereby authorized for the total sum of $50,000.00, in full and
complete settlement of any and all claims and demands against Grove Key Marina, Inc., in the case
of the City of Miami v. Grove Key Marina, Inc., pending in the Circuit Court in and for Miami -Dade
County, Case No. 13-12967 CA 04, pursuant to the terms of the Settlement Agreement and Release.
Section 3. The City Manager is authorized to execute the Settlement Agreement and
Release, in substantially the attached form, and all necessary documents, in a form acceptable to the
City Attorney, to effectuate the Settlement. {1}
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.{2}
...Footnotes
City of Miami
Page 1 of 2 File Id: 15-00816 (Version: 1) Printed On: 3/16/2018
File Number: 15-00816 Enactment Number: R-15-0313
{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 (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 Commission.
City of Miami Page 2 of 2 File Id: 15-00816 (Version: 1) Printed On: 3/16/2018