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2016-29524 Reso RESOLUTION NO 2016-29524 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE MEDIATION SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH AND HARGREAVES ASSOCIATES, INCORPORATED, AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR AGREEMENTS, AS REQUIRED TO EFFECTUATE THE TERMS OF THE SETTLEMENT. WHEREAS, a Judgment was entered in favor of the City of Miami Beach (the "City") in the case of the City of Miami Beach, Florida v. Hargreaves Associates, Incorporated, et al., 11th Judicial Circuit of Miami-Dade County, Florida, Case No. 10- 61979 CA 40 (the "Final Judgment"); and WHEREAS, the Final Judgment is being challenged by Hargreaves Associates, Incorporated ("Hargreaves") and is on appeal in the Third District Court of Appeal, Case No. 15-2266 (the "Appeal"); and WHEREAS, in addition to the filing of the Appeal, Hargreaves filed a Voluntary Chapter 11 Petition in the United States Bankruptcy Court, Northern District of California, Case No. 15-31441 BKC; and WHEREAS, the City and Hargreaves wish to avoid the expense, delay, and uncertainty of lengthy litigation and appeals, and agree it is in their respective mutual best interests to resolve both non-bankruptcy and bankruptcy issues; and WHEREAS, pursuant to a bankruptcy court order, the City and Hargreaves engaged in a mediation conference and have entered into a tentative settlement, subject to approval by the Mayor and City Commission and the Bankruptcy Court; and WHEREAS, on July 13, 2016, the Mayor and City Commission held a Closed Attorney-Client Session and thereafter at the conclusion of the closed Attorney-Client Session a motion was made to approve the settlement terms. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: That The Mayor and City Commission hereby approve and adopt the mediation settlement between the City of Miami Beach and Hargreaves Associates, Incorporated, and authorize the City Manager and City Attorney to take the necessary and appropriate steps for the implementation thereof; and further authorizing the Mayor and City Clerk to execute any documents and/or agreements, as required to effectuate the terms of the settlement. PASSED and ADOPTED this 13 day of gill , 2016. Philip •-v ror ATTEST: !/ APPROVED AS TO FORM & LANGUAGE &j:Oe.EXECUTION Ra ael E. :nado, City Clerk _�►��„nu, s (3 ( to .a► 3 n 1 i NI City Attorney('�u,`, Date .INCORP ORATED �• :lot MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Raul J. Aguila, City Attom j3 (_- DATE: July 13, 2016 SUBJECT: Closed Attorney-Client Session Pursuant to§286.011, Florida Statutes,the City Attorney hereby advises the Mayor and City Commission that he desires advice concerning the following pending litigation matter: City of Miami Beach v. Hargreaves&Associates, et al. Case No. 10-61979 CA 03 Circuit Court, 11th Judicial Circuit Therefore, a private closed Attorney-Client Session will be held during the lunch recess of the City Commission meeting on July 13, 2016, in the City Manager's Large Conference Room, Fourth Floor, City Hall to discuss settlement negotiations and/or strategy related to litigation expenditures with regard to the above-referenced litigation matter. The following individuals will be in attendance: Mayor Philip Levine; Members of the City Commission; Micky Steinberg, Joy Malakoff, Michael Grieco, Ricky Arriola, Kristen Rosen- Gonzalez, and John Elizabeth Aleman;City Manager Jimmy L. Morales, City Attorney Raul J. Aguila, First Assistant City Attorney Steven Rothstein, Meredyth Cooper, Esquire and Carlos de Zayas, Esquire • RJA/shr/mmm Agenda Item R I o c Date ?-13-1 f° • 1451