HomeMy WebLinkAboutR-15-0349City of Miami
Legislation
Resolution: R-15-0349
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01012 Final Action Date: 9/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING PAYMENTS TO THE CITY OF MIAMI TOTALING $750,000.00, IN FULL
SETTLEMENT OF ALL CLAIMS AND DEMANDS IN THE CASE OF
RICKENBACKER MARINA, INC. V. CITY OF MIAMI, PENDING IN THE CIRCUIT
COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 13-21970 CA 08,
PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO EFFECTUATE THE SETTLEMENT AGREEMENT.
WHEREAS, Rickenbacker Marina, Inc. ("RMI") currently leases a waterfront marine facility
located at Virginia Key ("Subject Property") which is owned by the City of Miami ("City"); and
WHEREAS, RMI performed certain improvements to the Subject Property including the
installation of a walkway along the retaining wall which was built five (5) feet wide instead of the
eleven (11) foot width originally planned for and permitted; and
WHEREAS, on or about March 28, 2013, the City declared RMI in default of the lease
documents due to the failure of RMI to obtain a revised permit for the as -built walkway, which default
RMI has disputed; and
WHEREAS, the second amendment to the lease documents required RMI to contribute no
less than $2 million towards the construction of a new parking facility if the City builds, or causes to
be built, such parking facility; and
WHEREAS, on or about July 18, 2013, the City declared RMI in default of the lease
documents due to RMI's refusal to remit payment of $2 million to the City towards the construction of
a new parking facility, which default RMI has disputed; and
WHEREAS, on or about June 19, 2013, RMI initiated a lawsuit against the City in the Circuit
Court in and for Miami -Dade County, Florida, styled Rickenbacker Marina, Inc. v. City of Miami, case
no. 13-21970 CA 08, which lawsuit sought claims for declaratory and injunctive relief pertaining to the
defaults declared by the City against RMI; and
WHEREAS, the City countersued RMI alleging claims for declaratory relief and breach of
contract in relation to RMI's obligation to pay no less than $2 million towards the construction of a new
parking facility; and
WHEREAS, the City and RMI have agreed to settle all claims with RMI, providing that RMI pay
the City $750,000.00 by making a lump sum payment of $500,000.00, and installment payments of
$25,000.00 per month to the City for ten (10) months with each installment payment to be made on
City of Miami
Page 1 of 2 File Id: 15-01012 (Version: 1) Printed On: 3/21/2018
File Number: 15-01012 Enactment Number: R-15-0349
the first of the month immediately following the month in which RMI makes the lump sum payment;
and
WHEREAS, the City and RMI have agreed to execute a written settlement agreement
memorializing the terms of the settlement, to be executed by RMI and the City Manager; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and
recommends that said claim and lawsuit be settled for $750,000.00;
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. Payment to the City, in the amount of Seven Hundred Fifty Thousand and 00/100
dollars ($750,000.00), in full settlement of all claims and demands for the case of Rickenbacker
Marina, Inc., v. City of Miami, case no. 13-21970 CA 08, pursuant to the terms of the settlement
agreement, is accepted.
Section 3. The City Manager is authorized to execute the settlement agreement, in substantially
the attached form, and all necessary documents, in a form acceptable to the City Attorney, to
effectuate the settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature 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 Commission.
City of Miami Page 2 of 2 File Id: 15-01012 (Version: 1) Printed On: 3/21/2018