HomeMy WebLinkAboutR-22-0189City of Miami
Resolution R-22-0189
Legislation
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
City of Miami Page 1 of 2 File ID: 11956 (Revision:) Printed On: 6/12/2025
File ID: 11956 Enactment Number: R-22-0189
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.
City of Miami Page 2 of 2 File ID: 11956 (Revision:) Printed on: 6/12/2025