HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: May 25, 2017
RE: Proposed Settlement for City Commission Meeting — May 25, 2017
Interstate Property Holdings, LLC v. City of Miami
Case No. 15-008371 CA 25
File No.: 2273
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami in the amount of $175,000.
This action was brought by the law firm Zumpano Castro, LLC on behalf of
Interstate Property Holdings, LLC for claims of trespass, inverse condemnation, and
negligence for property damage to a building located at 971 West Flagler Street, Miami,
Florida.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/CAG/vja
File Number: 2273
City of Miami
Legislation
Resolution
Enactment Number: R-17-0247
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:5/25/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY INTERSTATE PROPERTY HOLDINGS, LLC THE TOTAL SUM
OF $175,000.00, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND
EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A
SETTLEMENT, IN THE CASE OF INTERSTATE PROPERTY HOLDINGS, LLC V. THE
CITY OF MIAMI, CASE NO. 15-008371 CA 25, PENDING IN THE CIRCUIT COURT
OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, UPON
THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND A DISMISSAL
OF THE DEFENDANT WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT
NO. 50001.301001.545013.0000.00000.
WHEREAS, Interstate Property Holdings, LLC filed claims and a lawsuit against the City
of Miami ("City") in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Case No. 15-008371 CA 25; and
WHEREAS, the City Attorney's Office has investigated the claims and lawsuit, pursuant
to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended ("City
Code"), and recommends that said claims and lawsuit be settled for the sum of $175,000.00;
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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay Interstate Property Holdings,
LLC the total sum of $175,000.00, in full and complete settlement of any and all claims against
the City, its officers, agents and employees, without admission of liability, upon executing a
settlement, in the case of Interstate Property Holdings, LLC v. The City of Miami, Case No. 15-
008371 CA 25, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -
Dade County, upon executing a general release of all claims and a dismissal of the defendant
with prejudice, with funds allocated from Account No. 50001.301001.545013.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney 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.
APPROVED AS TO FORM AND CORRECTNESS:
EJ1 t6 ria ' ndez,ity +r—e'y— 5/1512017