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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: May 31, 2022 RE: Proposed Settlement — City Commission Meeting — May 26, 2022 The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami, v. City of Miami, and Miami -Dade County, as Intervenor, reference 3333 South Miami Avenue, 3601 S. Miami Avenue, 3667 South Miami Avenue, and 3675 South Miami Avenue Case No. 13-12523 CA 06 File No.: 11956 The attached proposed Resolution seeks authorization to execute a settlement agreement, in a form acceptable to the City Attorney, for settlement of all claims alleged against the City of Miami ("City") and Miami -Dade County -as Intervenor by The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami, ("Wenski") Case No. 13-12523 CA 06, pending before the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. The claims and lawsuit were brought by Javier Avino and Mitchell Widom of the firm Bilzin Sumberg Baena Price and Axelrod, LLP on behalf of Wenski, seeking damages for alleged violations of the Bert J Harris Private Property Rights Act, Chapter 70.001 et seq, as a result of the passage of Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and specifically the provisions of Section 3.5.5 of the Miami 21 Code, titled "Height Limitations for Properties Abutting and in Proximity to National Historic Landmarks." Miami -Dade County ("County") intervened in order to protect and preserve the provisions as they impact Viscaya Museum and Gardens ("Viscaya"), a National Historic Landmark. Wenski's position in the litigation was that the adoption and implementation of the Miami 21 Code affected their vested property rights to develop their land. Wenski's specific claims were that under Section 3.5.5 of the Miami 21 Code, the heights for the CI District had been significantly lowered which caused a severe diminution in value to the property (3333 South Miami Avenue, 3601 South Miami Avenue, 3667 South Miami Avenue, and 3675 South Miami Avenue). The City's position is that mere enactment of the Miami 21 Code does not meet the strict requirements of a violation of the Bert J. Harris Private Property Rights Act. The County's position as intervenor is so as to protect its rights vis a vis Viscaya and the Viewshed Ordinance. The City's professional staff, including the acting Planning Director and the Zoning Director together with Assistant City Attorney's met several times with the Plaintiff's and their experts and the parties agreed to a Settlement Agreement and Proposed Development Agreement. The Development Agreement is scheduled to be presented to the Planning and Zoning Board for review and will be presented to the City Commission for final approval as required. The Office of the City Attorney has investigated and evaluated the claims and lawsuit has approved a recommendation to settle the instant ligitation, with each party to bear their own costs and fees. The City Attorney's Office seeks approval of a Commission Resolution with final approval contingent and approved simultaneously with final approval of the Development Agreement. Attachment(s) cc: Art Noriega, City Manager Miriam Santana, Agenda Coordinator Attachment(s) 11956 Exhibit A — Draft Settlement Agreement 11956 Exhibit B - Draft Development Agreement City of Miami Legislation Resolution Enactment Number: R-22-0189 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11956 Final Action Date:5/31/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROPOSED SETTLEMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," AND AUTHORIZING THE CITY MANAGER TO REFER THE PROPOSED DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B," TO THE PLANNING AND ZONING BOARD FOR REVIEW AND REFERRAL TO THE CITY COMMISSION FOR FINAL REVIEW, CONSIDERATION, AND APPROVAL AS REQUIRED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND FLORIDA STATUTES, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS ALLEGED AGAINST THE CITY OF MIAMI ("CITY") IN THE CASE OF THE MOST REVERED THOMAS G. WENSKI, AS ARCHBISHOP OF THE ARCHDIOCESE OF MIAMI, V CITY OF MIAMI, AND MIAMI- DADE COUNTY, AS INTERVENOR 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 70, FLORIDA STATUTES, EACH PARTY TO BEAR THEIR OWN COSTS AND FEES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT AGREEMENT. WHEREAS, The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami ("Wenski"), has filed a lawsuit asserting claims and damages for alleged violations of the Bert J. Harris Private Property Rights Act, Chapter 70.001 et seq, as a result of the passage and implementation of Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and specifically the provisions of Section 3.5.5, "Height Limitations for Properties Abutting and in Proximity to National Historic Landmarks."; and WHEREAS, Miami -Dade County ("County") intervened in order to protect and preserve the provisions as they impact Vizcaya Museum and Gardens ("Vizcaya"), a National Historic Landmark; and WHEREAS, the City of Miami ("City") has denied any and all claims and liability; and WHEREAS, this Resolution seeks authorization for the settlement of all claims brought by Wenski involving the City by the City's entry into a settlement agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "A" ("Agreement"), with Wenski; 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 hereby authorized' to negotiate and execute the proposed Agreement, in a form acceptable to the City Attorney, a draft of which is attached and incorporated as Exhibit "A," and further authorized' to refer the proposed Development Agreement, a draft of which is attached and incorporated as Exhibit "B," to the Planning and Zoning Board for review and referral to the City Commission for final review, consideration and approval as required by the Code of the City of Miami, Florida, as amended, and State Statutes in full settlement of any and all claims alleged or which could have been alleged against the City in the case of The Most Revered Thomas G. Wenski as Archbishop of the Archdiocese of Miami, ("Wenski") in Case No. 13-12523 CA 06, pending before the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, without admission of liability, upon executing a release, settlement, hold harmless and indemnification agreement of the its present and former officers, agents, and employees from any and all claims and demands arising in and from alleged violation of Chapter 70 of State Statutes. Section 3. The City Manager is authorized' to negotiate and execute the 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 Attor ey 5/17/2022 ndez, City ttor ey 5/26/2022 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. 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.