HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: January 11, 2018
RE: Proposed Settlement for City Commission Meeting — January 11, 2018
EZ 2 Rent, LLC vs. City of Miami.
Case No.: 17-1629 CA 15
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami in the above -referenced case, and approves the
proposed plans for a duplex at the property.
This is action was brought by the attorney Steven R. Gurian, Esq., on behalf of
EZ 2 Rent Multi, LLC, relating to demolition of a structure located at 610 Southwest 71
Street, Miami, Florida.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher M. Rose, Director, Office of Management Budget
Anna Medina, Agenda Coordinator
VM/BLM/RSGD
Attachment(s)
3479 Exhibit
City of Miami
Legislation
Resolution
Enactment Number: R-18-0017
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3479 Final Action Date:1/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITHOUT ADMISSION OF LIABILITY,
WITH EZ 2 RENT MULTI, LLC ("EZ"), SETTLING ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE OF EZ 2 RENT MULTI, LLC VS. CITY OF MIAMI,
PENDING IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.
17-11629 CA 15, AND APPROVING THE CONSTRUCTION OF A DUPLEX UPON
EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND
FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS
AND DEMANDS.
WHEREAS, EZ 2 Rent Multi, LLC ("EZ") filed suit against the City of Miami ("City") in the
Eleventh Judicial Circuit in and for Miami -Dade County under case number 17-11629 CA 15
with regard to a demolished property that was located at 610 Southwest 71 Court, Miami,
Florida; and
WHEREAS, one of the conditions of the settlement is the construction of a duplex by EZ;
and
WHEREAS, the Office of the City Attorney recommends that said claim and lawsuit be
settled, and pursuant to the Section 7.2.2 of the Ordinance No. 13114, the Zoning Ordinance of
the City of Miami, Florida, as amended, ("Miami 21 Code"), the duplex be authorized to be
constructed;
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 Manager is authorized' to execute a Settlement Agreement, in
substantially the attached form, without admission of liability, with EZ settling any and all claims
and demands against the City, its officers, agents, and employees in the case of EZ 2 Rent
Multi, LLC vs. City of Miami, pending in the Circuit Court in and for Miami -Dade County, Case
No. 17-11629 CA 15, and approving the construction of a duplex upon executing a general
release of the City, its present and former officers, agents, and employees from any and all
claims and demands.
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 City Code
provisions.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 1/272018
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.