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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney k.Afrs,t2z- DATE: October 9, 2025 RE: City Commission Meeting — October 9, 2025 Proposed Settlement — City of Miami and Bayfront Park Management Trust v. Museum of Science, Inc., pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida Case No.: 21-019599-CA File No.: 18220 The proposed resolution seeks authorization to settle the lawsuit brought by the City of Miami ("City") and Bayfront Park Management Trust ("Trust") against Museum of Science, Inc. ("Museum") by a payment to the City and Trust in the amount of $200,000.00, and for the City Manager and Trust to execute a Settlement Agreement and Release of claims of the City and Trust against Museum. The City and Trust brought suit against Museum related to alleged negligence and breach of contract from allowing a science barge to cause damage to the City and Trust seawall during Hurricane Irma. The Trust has actively participated in the negotiation of these claims and the settlement is supported by the Trust. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator GKW/BLF City of Miami Legislation Resolution Enactment Number: R-25-0415 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18220 Final Action Date:10/9/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT TO THE CITY OF MIAMI AND BAYFRONT PARK MANAGEMENT TRUST IN THE AMOUNT OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI, BAYFRONT PARK MANAGEMENT TRUST V. MUSEUM OF SCIENCE, INC., CASE NO. 21-019599-CA, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AND RELEASE, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE, AND ALL NECESSARY DOCUMENTS, IN A FORM TO BE ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. WHEREAS, Museum of Science, Inc. ("Museum"), through its predecessors in interest, entered into a contract governing the use of a science barge by the Museum located near a seawall owned by the City of Miami ("City") and Bayfront Park Management Trust ("Trust"); and WHEREAS, during the landfall of Hurricane Irma in September 2017, the seawall experienced significant damage caused by the science barge owned by the Museum; and WHEREAS, Museum disputed the value of the damage to the seawall caused by the science barge and the City and Trust brought suit against the Museum in 2021 for negligence and breach of contract; and WHEREAS, the City and Trust have agreed to settle all claims with Museum provided that Museum pays the City and Trust $200,000.00 and the parties exchange releases of all claims arising from or relating to the lawsuit; WHEREAS, the City Attorney's Office has investigated this claim, prosecuted this lawsuit, and recommends that said claim and lawsuit be settled for the sum of $200,000.00; 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. Payment to the City and Trust, in the amount of Two Hundred Thousand Dollars ($200,000.00) in full settlement of all claims and demands for the case of City of Miami, Bayfront Park Management Trust v. Museum of Science, Inc., Case No. 21-019599-CA, pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, pursuant to the terms of the Settlement Agreement and release, is accepted. Section 3. The City Manager is authorized to execute the Settlement Agreement and Release, and all necessary documents, in a form acceptable by the City Attorney, to effectuate the Settlement. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 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.