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File ID: #2747
Resolution
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION
NO. 17-0312, ADOPTED JUNE 22, 2017, WHICH AUTHORIZED THE CITY
ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL FOR THE
REPRESENTATION OF THE CITY ADMINISTRATION ON ALL MATTERS IN
CONNECTION WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND
GARDENS, LLC AND FURTHER AUTHORIZED THE EXPENDITURE OF
ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT;
SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL SOLELY FOR THE
PURPOSES OF PROVIDING ADVICE AND COUNSEL TO THE CITY
ADMINISTRATION IN THE CITY ADMINISTRATION'S SOLE CAPACITY AS
POTENTIAL FACT WITNESSES IN THE MATTER OF FLAGSTONE ISLAND
GARDENS, LLC, ET AL. VS. CITY OF MIAMI, PENDING IN THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-13829 CA 44;
FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS
ASSOCIATED WITH SAID LIMITED ENGAGEMENT WITH FUNDS ALLOCATED
FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000;
DIRECTING THE CITY ATTORNEY TO MODIFY ANY ENGAGEMENT LETTERS
PREVIOUSLY SENT TO BE CONSISTENT WITH THE PURPOSES AS STATED
HEREIN.
City of Miami
Legislation
Resolution
Enactment Number: R-17-0393
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 2747 Final Action Date:9/19/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION
NO. 17-0312, ADOPTED JUNE 22, 2017, WHICH AUTHORIZED THE CITY
ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL FOR THE
REPRESENTATION OF THE CITY ADMINISTRATION ON ALL MATTERS IN
CONNECTION WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND
GARDENS, LLC AND FURTHER AUTHORIZED THE EXPENDITURE OF
ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT;
SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL SOLELY FOR THE
PURPOSES OF PROVIDING ADVICE AND COUNSEL TO THE CITY
ADMINISTRATION IN THE CITY ADMINISTRATION'S SOLE CAPACITY AS
POTENTIAL FACT WITNESSES IN THE MATTER OF FLAGSTONE ISLAND
GARDENS, LLC, ET AL. VS. CITY OF MIAMI, PENDING IN THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-13829 CA 44;
FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS
ASSOCIATED WITH SAID LIMITED ENGAGEMENT WITH FUNDS ALLOCATED
FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000;
DIRECTING THE CITY ATTORNEY TO MODIFY ANY ENGAGEMENT LETTERS
PREVIOUSLY SENT TO BE CONSISTENT WITH THE PURPOSES AS STATED
HEREIN.
WHEREAS, on June 22, 2017, the City Commission adopted Resolution No. 17-0312
authorizing the City Attorney to engage outside conflict counsel for the representation of the City
Administration on all matters in connection with the notice of default of Flagstone Island
Gardens, LLC, and further authorized the expenditure of attorney's fees and costs associated
with said engagement; and
WHEREAS, the City Commission wishes to clarify the scope of representation of outside
conflict counsel for the City Administration in the matter of Flagstone Island Gardens, LLC, et al.
vs. City of Miami, pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Case
No.: 17-13829 CA 44; and
WHEREAS the City Commission wishes to rescind Resolution No. 17-0312, adopted on
June 22, 2017, in its entirety, and substitute this Resolution in its place;
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 City Commission rescinds Resolution No. 17-0312, adopted June 22,
2017, authorizing the City Attorney to engage outside conflict counsel for the representation of
the City Administration on all matters in connection with the notice of default of Flagstone Island
Gardens, LLC, in its entirety.
Section 3. The City Commission authorizes the City Attorney to engage outside conflict
counsel solely for purposes of providing advice and counsel to the City Administration in the City
Administration's sole capacity as potential fact witnesses in the matter of Flagstone Island
Gardens, LLC, et al. vs. City of Miami, pending in the Eleventh Judicial Circuit in and for Miami -
Dade County, Case No. 17-13829 CA 44.
Section 4. The City Commission further authorizes the expenditure of attorney's fees
and costs associated with the limited engagement of outside conflict counsel with the
expenditure of funds allocated from non -departmental account no.
00001.980000.531010.0000.00000.
Section 5. The City Attorney is directed to modify any engagement letters previously
sent to be consistent with the purposes as stated in this Resolution.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 8/4/2017
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.