HomeMy WebLinkAboutR-18-0033City of Miami
Resolution R-18-0033
Legislation
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.
City of Miami Page 1 of 2 File ID: 3452 (Revision: A) Printed On: 3/28/2025
File ID: 3452 Enactment Number: R-18-0033
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 tor
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.
City of Miami Page 2 of 2 File ID: 3452 (Revision: A) Printed on: 3/28/2025