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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: January 25, 2018 RE: Proposed Settlement — City Commission Meeting — January 25, 2018 346 NW 29th Street, LLC, et al., v. City of Miami, et al. Case No. 13-037260 CA 01 File No.: 3452 The attached proposed Resolution seeks authorization to execute a settlement agreement for settlement of all claims alleged against the City of Miami ("City") by 346 NW 29th Street, LLC, and those similarly situated, in the class action lawsuit 346 NW 29TH Street, LLC, et al. v. City of Miami, et al., Case No. 13-037260 CA 01, pending before the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The claims and lawsuit were brought by Stevan Pardo, Esq. of Pardo Jackson Gainsburg, PL, on behalf of 346 NW 29th Street and those similarly situated, seeking damages for alleged violation of Chapter 56. The Office of the City Attorney has investigated and evaluated the claims and lawsuit has approved the recommendation of this settlement. Funds, in an amount not to exceed $12,000,000.00, are available from Account No. 00001.980000.531010.0000.00000. Attachment(s) cc: Emilio T. Gonzalez, City Manager Christopher Rose, Director, Office of Management and Budget Anna Medina, Agenda Coordinator VM/BLM/HJH/vja City of Miami Legislation Resolution Enactment Number: R-18-0033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3452 Final Action Date:1/25/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO 346 NORTHWEST 29TH STREET, LLC ("346") AN AMOUNT NOT TO EXCEED TWELVE MILLION DOLLARS ($12,000,000.00) IN FULL SETTLEMENT OF ANY AND ALL CLAIMS ALLEGED AGAINST THE CITY OF MIAMI ("CITY") IN THE CASE OF 346 NW 29TH STREET, LLC, ET AL. V. CITY OF MIAMI, ET AL., CASE NO. 13-037260 CA 01, A CLASS ACTION LAWSUIT PENDING BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A RELEASE, SETTLEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS ARISING IN AND FROM ALLEGED VIOLATION OF CHAPTER 56 OF THE CODE OF THE CITY OF MIAMI, FLORIDA; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. WHEREAS, 346 Northwest 29th Street, LLC ("346") has asserted claims and a lawsuit on its behalf and others similarly situated seeking damages for alleged violations of Chapter 56 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, this Resolution seeks authorization for the settlement of all claims brought by 346 and others similarly situated in a class action lawsuit involving the City of Miami ("City") by the City's entry into a settlement agreement ("Agreement") with 346; 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 Director of Finance is authorized' to pay to 346 an amount not to exceed twelve million dollars ($12,000,000.00) in full settlement of any and all claims alleged against the City in the case of 346 NW 29th Street, LLC, et al. v. City of Miami, et al., Case No. 13- 037260 CA 01, a class action lawsuit pending before the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, without admission of liability, upon executing a release, settlement, hold harmless, and indemnification agreement of the City, its present and former officers, agents, and employees from any and all claims and demands arising in and from alleged violation of Chapter 56 of the City Code with funds to be allocated from Account No. 00001.980000.531010.0000.00000. Section 3. The City Manager is authorized to execute the Agreement, and any 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.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Httor ey ) 1/1672018 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. 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.