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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