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: November 20, 2025
RE: City Commission Meeting — October 9, 2025
Resolution Ratifying the Settlement Agreement with Elite Marine
Concierge, Inc.
Case No.: 2024-010082-CA 23
File No.: 18284
The attached proposed Resolution seeks authorization to enter the Settlement
Agreement with Elite Marine Concierge, Inc. in the case styled City of Miami v. Elite
Marine Concierge, Inc., Case No.: 2024-010082-CA 23, pending in the Circuit Court, in
and for Miami -Dade County, Florida.
Attachment(s)
cc: Art Noriega, V, City Manager
Miriam Santana, Agenda Coordinator
Attachment(s)
City of Miami
Legislation
Resolution
Enactment Number: R-25-0463
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18284 Final Action Date:11/20/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ACCEPT AN OFFER TO SETTLE AND TO NEGOTIATE AND
EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, WITHOUT ADMISSION OF LIABILITY, IN
SETTLEMENT OF THE CLAIMS AND DEMANDS WITH ELITE MARINE CONCIERGE,
INC., IN THE CASE STYLED THE CITY OF MIAMI V. ELITE MARINE CONCIERGE,
INC., CASE NO. 2024-010082-CA 23, PENDING IN THE CIRCUIT COURT FOR THE
ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
REGARDING UNPAID AMOUNTS DUE TO THE CITY PURSUANT TO A
REVOCABLE LICENSE AGREEMENT FOR THE PROPERTY AT 3501
RICKENBACKER CAUSEWAY, MIAMI, FLORIDA.
WHEREAS, the City of Miami ("City") owns the property located at 3501 Rickenbacker
Causeway, Miami, Florida ("Property"); and
WHEREAS, the City and Elite Marine Concierge, Inc. ("Elite Marine") entered into a
revocable license agreement for Elite Marine to operate a business at 3501 Rickenbacker
Causeway ("Agreement"); and
WHEREAS, under the Agreement, Elite Marine was to pay rental amounts monthly, in
accordance with the terms and conditions of the Agreement; and
WHEREAS, the Agreement was terminated and Elite Marine no longer occupies a
business at the Property; and
WHEREAS, Elite Marine owes unpaid rental amounts for periods of time during 2019-
2021 totaling approximately $186,741.23 that are due and owing under the Agreement; and
WHEREAS, Elite Marine disputes the amount owed, claims defenses for non-payment
including complications of Novel Coronavirus ("COVID") pandemic and credits owed; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
authorize the City Manager to enter into a Settlement Agreement whereupon Elite Marine has
agreed to pay a total sum of $70,000.00 plus applicable taxes to the City for unpaid rental
amounts, to be paid monthly over 72 months at a monthly rate of approximately $888.89 plus
taxes, with $6,000.00 to be paid within ten (10) days of signing the Settlement Agreement; and
WHEREAS, Elite Marine and the City will enter into a Settlement Agreement further
specifying the terms of repayment; 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 fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to accept an offer to settle and to
negotiate and execute any and all settlement documents, all in forms acceptable to the City
Attorney, without admission of liability, in settlement of the claims and demands with Elite
Marine Concierge, Inc., in the case styled the City of Miami v. Elite Marine Concierge, Inc.,
Case No. 2024-010082-CA 23, pending in the Circuit Court for the Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, regarding unpaid amounts due to the City pursuant to a
revocable license agreement for the property at 3501 Rickenbacker Causeway, Miami, Florid.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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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.