Resolution 2021-31636 RESOLUTION NO! 2021-31636
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT
BETWEEN 3098 ALTON ROAD, LLC AND THE CITY OF MIAMI BEACH, FLORIDA,
IN THE AMOUNT OF $250,000, AND WAIVER OF CODE ENFORCEMENT AND
OTHER APPLICABLE FINES; AND AUTHORIZING THE CITY MANAGER AND THE
CITY ATTORNEY TO TAKE THE NECESSARY AND APPROPRIATE STEPS FOR
THE IMPLEMENTATION OF THE FINAL EXECUTION OF THE SETTLEMENT
AGREEMENT AND RELEASE; AND FURTHER AUTHORIZING THE MAYOR AND
THE CITY CLERK TO EXECUTE THOSE DOCUMENTS AND/OR AGREEMENTS
NECESSARY TO EFFECTUATE THE FULL AND FINAL SETTLEMENT OF THE
LITIGATION, ON TERMS AND CONDITIONS THAT ARE CONSISTENT WITH THIS
RESOLUTION AND ACCEPTABLE TO THE CITY MANAGER AND ATTORNEY.
WHEREAS, on November 26, 2018, 3098 Alton Road, LLC (the "Plaintiff'), initiated litigation
against the City of Miami Beach, Florida (the "City") in the Circuit Court of the Eleventh Judicial Circuit of
Florida, Case No. 2018-039378-CA-01, and set forth in the Second Amended Complaint allegations that
the City's conduct was an Excessive Punishments and Forfeitures of Estate, Preemption, Negligence,
Inverse Condemnation, Breach of Contract, and has requested that the Circuit Court issue a Writ of
Mandamus against the City; and
WHEREAS, the parties desire to avoid incurring further costs of litigation, and seeks to resolve all
matters in controversy, disputes, and causes of action between the parties in an amicable fashion; and
WHEREAS, the parties have reached a full and final compromise and settlement of all matters,
causes of action, claims and contentions between them, which Is contingent upon approval of the Mayor
and City Commission, and
WHEREAS, the proposed Settlement Agreement and General Release to be executed by the
parties, contingent upon approval of the Mayor and City Commission, will be finalized to reflect the
monetary payment to fully resolve this lawsuit; and
WHEREAS, the City Manager and the City Attorney recommended that the Mayor and City
Commission approve and ratify the attached Settlement Agreement and General Release and authorize
the settlement payment in the amount of$250,000 from the City's Risk Management Fund.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR ANO CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the
settlement agreement between 3098 Alton Road, LLC and the City Of Miami Beach, Florida, in the
amount of $250,000 and waiver of code enforcement fines and other applicable fine; and authorize the
City Manager and the City Attorney to take the necessary and appropriate steps for the implementation
of the final execution of the settlement agreement and release; and further authorize the Mayor and the
City Clerk to execute those documents and/or agreements necessary to effectuate the full and final
settlement of the litigation, on terms and conditions that are consistent with this resolution and
acceptable to the City Manager and Attorney.
PASSED and ADOPTED this 17th day of March, 2021.
ATTEST: _
-�' "' ielber, Mayor
'�� ,3,, APPROVED AS TO
f y'' FORM & LANGUAGE
& FOR EXECUTION
Rafael E. Granaco, Ci y Cler , , 111l'0RP ORATED:
City Attorneyty Date
Resolutions -C7 W
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT
AGREEMENT BETWEEN 3098 ALTON ROAD, LLC AND THE CITY OF
MIAMI BEACH, FLORIDA, IN THE AMOUNT OF $250,000 AND WAIVER OF
CODE ENFORCEMENT FINES; AND AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO TAKE THE NECESSARY AND
APPROPRIATE STEPS FOR THE IMPLEMENTATION OF THE FINAL
EXECUTION OF THE SETTLEMENT AGREEMENT AND RELEASE; AND
FURTHER AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE THOSE DOCUMENTS AND/OR AGREEMENTS NECESSARY
TO EFFECTUATE THE FULL AND FINAL SETTLEMENT OF THE
LITIGATIONS PURSUANT TO THE TERMS AND CONDITIONS THAT ARE
ACCEPTABLE TO THE CITY ATTORNEY.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
N/A
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
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