Resolution 2020-31196 RESOLUTION NO. 2020-31196
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE SETTLEMENT BETWEEN US BANK
NATIONAL ASSOCIATION, AS CERTIFICATE TRUSTEE FOR AMH-21 TRUST AND
THE CITY OF MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $199,173.54; 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, subsequent to the demolition of the unsafe structure located at the 800 84th Street,
Miami Beach, Florida (the "Property") by the City of Miami Beach, Florida (the "City") pursuant to a
Miami-Dade County Unsafe Structures Board Order (the "USB Order"), U.S. Bank Trust National
Association as Certificate Trustee for AMH-21 ("AMH21")filed a lawsuit against the City asserting claims
for inverse condemnation and for deprivation of its procedural due process rights under the Fourteenth
Amendment to the Constitution of the United States of America and 42 U.S.C. §1983; and
WHEREAS, the City in response to the lawsuit, asserted a Counterclaim against AMH21 for
foreclosure of its municipal liens for unpaid utilities and for the costs incurred by the City in securing
and demolishing the Property pursuant to the USB Order; and
WHEREAS, this matter is pending before the Honorable Marcia G. Cooke, United States District
Judge, Case No. 19-20805-CIV-Cooke/Goldman with a jury trial date of July 20, 2020; and
WHEREAS, AMH21 and the City 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 their disputes;
and
WHEREAS, AMH21 and the City have engaged in settlement negotiations and have entered
into a tentative settlement in the amount of$199,173.54 to be paid by the City to AMH21 to settle all
claims asserted by AMH21 in the lawsuit as well as all claims asserted by the City in its Counterclaim,
subject to approval by the Mayor and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission of the City of Miami
Beach, Florida, approving the settlement between US Bank National Association, as Certificate Trustee
for AMH-21 Trust and the City of Miami Beach, Florida, in the amount of$199,173.54; 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.
PASSED AND ADOPTED this /1 day of Artil-- , 2020.
•{ ,, Dan Gelber, Mayor
ATTEST: •
ter" °t' APPROVED AS TO
IliCORPr ORATED; '
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Rafa E. G anado, Ci y Clerk ` `'. �
City Attorney Date Date
Resolutions-C7 c
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: March 18, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING THE SETTLEMENT BETWEEN
US BANK NATIONAL ASSOCIATION, AS CERTIFICATE TRUSTEE FOR
AMH-21 TRUST AND THE CITY OF MIAMI BEACH, FLORIDA, IN THE
AMOUNT OF $199,173.54; AND AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TAKE THE NECESSARYAND 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.
RECOMMENDATION
Administration and City Attorney recommend approval of the settlement.
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Memo
o Reso
Page 453 of 1097
•
, ‘,.• BEAL.. H
City of Miami Booth, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochHl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Com ssion
FROM: Raul J. Aguila, City AttorneyZ
DATE: • March 10, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT
BETWEEN US BANK NATIONAL ASSOCIATION, AS CERTIFICATE
TRUSTEE FOR AMH-21 TRUST AND THE CITY OF MIAMI BEACH,
FLORIDA, IN THE AMOUNT OF $199,173.54; 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.
ADMINISTRATION/CITY ATTORNEY RECOMMENDATION
For.reasons outlined in this Memorandum, Administration and City Attorney recommend that the
Mayor and City Commission approve the settlement between US Bank National Association, as
Certificate Trustee for AMH-21 Trust and the City of Miami Beach, Florida, in the amount of
$199,173.54; and authorize the City Manager and City Attorney to take the necessary and
appropriate steps for the implementation thereof; and further authorize the Mayor and City Clerk
to execute any documents and/or agreements, as required, to effectuate the terms of the
settlement.
BACKGROUND
Subsequent to the demolition of the unsafe structure located at the 800 84th Street, Miami Beach,
Florida (the"Property") by the City of Miami Beach, Florida (the"City")pursuant to a Miami-Dade
County Unsafe Structures Board Order(the "USB Order"), U.S. Bank Trust National Association
as Certificate Trustee for AMH-21 ("AMH21")filed a lawsuit against the City asserting claims for
inverse condemnation and for deprivation of its procedural due process rights under the
Fourteenth Amendment to the Constitution of the United States of America and 42 U.S.C. §1983.
In response to the lawsuit, the City asserted a Counterclaim against AMH21 for foreclosure of its
municipal liens for unpaid utilities and for the costs incurred by the City in securing and
demolishing the Property pursuant to the USB Order.
Page 454 of 1097
Commission Memorandum
March 10, 2020
Page 2
The lawsuit is pending before the Honorable Marcia G. Cooke, United States District Judge, Case
No. 19-20805-CIV-Cooke/Goldman with a jury trial date of July 20, 2020. In order to avoid the
expense, delay and uncertainty of lengthy litigation and appeals, AMH-21 and the City agree it is
in their respective mutual best interests to resolve the pending litigation.
FISCAL IMPACT STATEMENT
Pursuant to Section 2-12 of the City Code, the proposed settlement will not result in a fiscal impact
on the City's budget.
Page 455 of 1097