HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: February 13, 2020
RE: Proposed Settlement for City Commission Meeting — February 13, 2020
West Flagler Associates, LTD., vs. City of Miami, pending in the United
States District Court for the Southern District of Florida.
Case No.: 19-21670-CIV-Scola
File no 7127
The attached proposed Resolution seeks authorization for settlement of all
claims brought against the City of Miami ("City") in matter of West Flagler Associates,
Ltd., vs. City of Miami, pending in the United States District Court for the Southern
District of Florida, Case No.: 19-21670-CIV-SCOLA.
The proposed settlement provides that West Flagler Associates, LTD. ("Plaintiff')
may proceed with applying for its permit to build a summer jai alai facility in a T6-O
transect without the requirement of obtaining an exception approved by a 4/5th vote of
the City Commission as set forth in Article 6, Table 13 of Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, the Miami 21 Code; that if
Plaintiff seeks to open a cardroom at its facility in the future it will seek approval from
the City by a simple majority vote of the City Commission; that Plaintiff agrees it will not
operate slot machines in its summer jai alai facility; and that each party will bear their
own attorney's fees and costs.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/CAG/vja
City of Miami
Legislation
Resolution
Enactment Number: R-20-0048
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7127 Final Action Date:2/13/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITHOUT ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY
OF MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED
WEST FLAGLER ASSOCIATES, LTD., VS. CITY OF MIAMI, PENDING IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
CASE NO.: 19-21670-CIV-SCOLA.
WHEREAS, on April 15, 2019, West Flagler Associates, LTD. ("Plaintiff') served a
lawsuit against the City of Miami ("City") in the Circuit Court in and for Miami -Dade County,
Case No.: 19-10140 CA (43), which was subsequently removed to the United States District
Court for the Southern District of Florida, Case No.: 19-21670-CIV-Scola; and
WHEREAS, the trial of this matter is scheduled for May 20, 2020; and
WHEREAS, the Plaintiff has proposed a settlement which provides that the Plaintiff may
proceed with applying for its permit to build a summer jai alai facility in a T6-O, "Urban Core,"
Transect Zone without the requirement of obtaining an exception approved by a 4/5th vote of the
City Commission as set forth in Article 6, Table 13 of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"); that if the Plaintiff
seeks to open a cardroom at its facility in the future, it will require approval from the City by a
simple majority vote of the City Commission; that the Plaintiff will not operate slot machines at
its summer jai alai facility; and that each party will bear their own attorneys' fees and costs; and
WHEREAS, the City and the Plaintiff have agreed to execute a written settlement
agreement memorializing the terms of the settlement; and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit and
recommends that said claim and lawsuit be settled for the terms summarized above and as
memorialized in a written settlement agreement; and
WHEREAS, the Miami 21 Code will be amended to reflect this settlement;
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 fully set forth in this Section.
Section 2. The City Manager is authorized to execute any and all settlement
documents, all in forms acceptable to the City Attorney, without admission of liability, for full and
complete settlement of the Plaintiff's claims against the City, its agents, officers, and employees
in the case styled West Flagler Associates, LTD., vs. City of Miami, pending in the United States
District Court for the Southern District of Florida, Case No.: 19-21670-CIV-Scola, upon the
execution of a joint stipulation of settlement.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
2/4/2020
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.