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File ID: #3906
Resolution
Sponsored by: Vice Chair Ken Russell
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A SETTLEMENT IN THE
PENDING CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE NO. 15-02997
CA 09, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT
AGREEMENT.
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City of Miami
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Legislation
Resolution
File Number: 3906
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:4/12/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING A SETTLEMENT
IN THE PENDING CASE OF VILLAGE OF KEY BISCAYNE V. CITY OF MIAMI, CASE
NO. 15-02997 CA 09, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO EFFECTUATE THE SETTLEMENT AGREEMENT.
WHEREAS, the Village of Key Biscayne ("Key Biscayne") initiated lawsuits against the
City of Miami ("City") seeking to enjoin the City from its plans to renovate a portion of the Marine
Stadium property into what Key Biscayne describes as an "ongoing commercial event and
exhibition venue"; and
WHEREAS, Key Biscayne alleges, among other things, that the City's plans for a boat
show violate the Miami Neighborhood Comprehensive Plan; Ordinance No. 13114, as
amended, the Zoning Ordinance of the City of Miami, Florida; and the 1963 deed of the property
from Miami -Dade County to the City for "Marine Stadium and allied purposes only"; and
WHEREAS, this Resolution seeks authorization for the settlement of all claims brought
by Key Biscayne involving the City in the pending litigation case of Village of Key Biscayne v.
City of Miami, Case No. 15-02997 CA 09, pending in the Circuit Court of the 11 th Judicial Circuit
in and for Miami -Dade County, Florida;
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 settlement agreement regarding the case of Village of Key Biscayne v.
City of Miami, Case No. 15-02997 CA 09, pending in the Circuit Court of the 11th Judicial Circuit
in and for Miami -Dade County, Florida, is approved.
Section 3. The City Manager is authorized' to execute the settlement agreement, in a
form acceptable to the City Attorney, 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
' 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:
1
ria ndez, ity ttor ey 4/3/2018