HomeMy WebLinkAboutR-18-0472City of Miami
Resolution R-18-0472
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4704 Final Action Date: 10/25/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY OR THEIR RESPECTIVE DESIGNEES TO
EXECUTE A SETTLEMENT AGREEMENT ("AGREEMENT") IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING ALL CLAIMS FOR ATTORNEY'S FEES, AGAINST THE CITY OF
MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE
CASES STYLED SWEETBAUM VS. CITY OF MIAMI, PENDING IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, CASE NO.: 17-24680-CIV-ALTONAGA AND DONALD SWEETBAUM
VS. CITY OF MIAMI, CASE NO.: 17-25743, PENDING IN THE CIRCUIT COURT
IN AND FOR MIAMI-DADE COUNTY; FURTHER AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY DONALD SWEETBAUM, WITHOUT
ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $375,000.00
TO THE PLAINTIFF UPON THE EXECUTION OF THE AGREEMENT AND A
DISMISSAL OF THE CITY WITH PREJUDICE; ALLOCATING FUNDS FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Donald Sweetbaum ("Sweetbaum") and the City of Miami ("City") are
engaged in litigation in the United States District Court for the Southern District of Florida, Case
No.: 17-24680-CIV-Altonaga and in Miami -Dade Circuit Court, Case No.: 17-25743, concerning
claims of contamination of real property with allegedly hazardous material; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuits
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that said claims and lawsuits be settled for the lump sum of
($375,000.00) including any claims for attorney's fees;
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 and City Attorney or their respective designees are
authorized' to execute a Settlement Agreement ("Agreement") with Sweetbaum for full and
complete settlement of any and all claims and demands including all claims for attorney's fees
against the City, its agents, officers, and employees in the cases styled as Sweetbaum vs. City
of Miami, pending in the United States District Court for the Southern District of Florida, Case
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.
City of Miami Page 1 of 2 File ID: 4704 (Revision:) Printed On: 4/4/2025
File ID: 4704 Enactment Number: R-18-0472
No. 17-24680-CIV-Altonaga and Sweetbaum v. City of Miami, Case No.: 17-25743, pending in
the Circuit Court in and for Miami -Dade County.
Section 3. The Director of Finance is authorized' to pay Sweetbaum, without admission
of liability, the aggregate total sum of $375,000.00 upon the execution of general releases of all
claims and demands and a dismissal of the City, with prejudice, from the lawsuits as stated
hering
Section 4. Funds are allocated from Account No. 00001.980000.531010.0000.00000.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 9/27/2018
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: 4704 (Revision:) Printed on: 4/4/2025