HomeMy WebLinkAboutR-20-0099City of Miami
Resolution R-20-0099
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7353 Final Action Date: 4/9/2020
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 SETTLEMENT OF THE CLAIMS AND DEMANDS, INCLUDING
ALL CLAIMS FOR ATTORNEYS' FEES, AS MORE SPECIFICALLY DETAILED
IN THE SETTLEMENT AGREEMENT, AGAINST THE CITY OF MIAMI AND ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED 3637 CORP.,
INC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 18-CV-
20367-RS.RIDA, CASE NO.: 18-CV-20367-RS.
WHEREAS, on February 6, 2018, 3637 Corp., Inc. ("Plaintiff") served a lawsuit against
the City of Miami ("City") in the United States District Court for the Southern District of Florida,
Case No.: 18-CV-20367-RS; and
WHEREAS, the trial of this matter is scheduled for May 11, 2020; and
WHEREAS, the Plaintiff and the City (collectively, "Parties") have been involved in a
longstanding dispute with regard to the permissible uses for the Plaintiff's property located at
2663 Northwest 36 Street, Miami, Florida 33142 ("Property"); and
WHEREAS, after extensive discovery, the Parties have mutually negotiated a two -
phased settlement agreement; and
WHEREAS, in Phase I, the Parties have agreed that (1) the City will issue the Plaintiff a
certificate of use for an adult entertainment establishment use for the property; (2) the City will
extend the legal nonconforming adult entertainment use for the entire 11,500 square feet
footprint of the original 2000 certificate of use for three (3) years and nine (9) months; (3) the
Plaintiff will irrevocably waive all claims for attorneys' fee arising out of or related to this dispute
to date —estimated at present to be valued around $500,000; and (4) the Parties will request a
stay of the instant lawsuit; and
WHEREAS, in Phase II, the Parties have agreed that (1) immediately after Phase I of
the settlement is approved, the Plaintiff will apply for an Exception under Ordinance No. 13114,
as amended, the Zoning Ordinance of the City of Miami Florida, to extend its legal
nonconforming adult entertainment use for twenty (20) years; (2) the City Administration will
support that application; (3) if the City Commission approves the Exception, which is in no
manner guaranteed by this agreement, the Parties will enter into a joint stipulation to dismiss the
instant litigation; and (4) the Plaintiff will waive all claims to any and all damages, any further
attorneys' fees (accrued after approval of the Phase I settlement), and costs arising out of or
related to this dispute; and
City of Miami Page 1 of 2 File ID: 7353 (Revision:) Printed On: 5/1/2025
File ID: 7353 Enactment Number: R-20-0099
WHEREAS, the Parties 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;
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 any and all settlement
documents, all in forms acceptable to the City Attorney, without admission of liability, for
settlement of the Plaintiff's claims against the City, its agents, officers, and employees in the
case styled 3637 Corp., Inc. vs. City of Miami, pending in the United States District Court for the
Southern District of Florida, Case No.: 18-CV-20367-RS.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 3/31/2020
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 7353 (Revision:) Printed on: 5/1/2025