96-21974 RESO
RESOLUTION NO.
96-21974
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA APPROVING THE
SETTLEMENT OF ALL CLAIMS REGARDING
KEY PARKING SERVICES, INC. V. VIP'S
PARKING SYSTEM INC. AND THE CITY OF
MIAMI BEACH AND AUTHORIZING THE CITY
MANAGER AND CITY ATTORNEY TO EXECUTE
ALL NECESSARY DOCUMENTS REGARDING
THE SETTLEMENT
WHEREAS, Key Parking Services, Inc. brought an action against
several entities, including the City of Miami Beach, in regard to
various matters concerning the valet parking ordinance of the City;
and
WHEREAS, the parties to the litigation have resolved all
claims and have agreed to execute the settlement documents attached
as composite Exhibit "1".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the City Manager and
City Attorney are hereby authorized to execute all necessary
documents to settle all claims in Key Parking Services, Inc. v.
PASSED and ADOPTED this ~ day of
FORM APPRO'.
L~AL DEPT.
By4/l~
Date W).-y~_
V.I.P. 's Parking System, Inc., et. ale
ATk::~ra :p~
CITY CLERK
OFFICE OF 1 HE CITY ATTORNEY
~ tfJldom; 71~
F
L
o
R
o
A
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. ~5;;;l-q~
TO:
FROM:
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
MURRAY H. DUBBIN All iM/)JIII~
CITY ATTORNEY ,~~~
JOSE GARCIA-PEDROSA tlI
CITY MANAGER J<'
KEY PARKING v. CITY MIAMI BEACH SETTLEMENT AGREEMENT
RE:
DATE:
MAY 1, 1996
For the past two years the City has been involved in
litigation with Key Parking Systems, Inc. regarding challenges to
our valet ordinance and other claims.
All parties to the litigation agree that this matter should be
resolved and that the Administration examine whether any changes
are necessary to our current valet ordinance.
In the Commission package is the documentation to resolve this
matter and it is jointly recommended by the City Administration and
City Attorney's office to authorize settlement and resolve the
litigation.
MHD : j m
AGENDA
ITEM
P\2j)
5-) - q lo
DATE
1700 Convention Center Drive - Fourth1:8loor - Miami Beach, Florida 33139
JAN. 14 '9( ~.i.""';;",
J... ;:;.::;.
305 372 1352
?AGE. 2/3
LETTER AGREEMBN'I' DA'!'BD THIS DAY OF
, 1996, BY AND BIlTWBD' CITY OF MIAMI
BEACH (CITY) AND , (OPERATOR)
This letter agreement is to outline the under8tandinga
between. the aforementioned Valet. operator and. the Ci ty of Miami
Beach concerning the Valet Ordinance.
A) It is recognized that the main purpose of the
Valet Ordinance is to eliminate double
parking and. control the flow of traffic in
congested areas in order not to unduly impede
the flow of traffic. The City Administration
(City) agree8 to commence review of the
existing Valet Ordinance with the
participation and input of the valet
companie. with the view of making auch
improvements that will make the Ordinance
clearer and. ..aier to comply with (Valet Co.)
and enforce (City).
B) During auch review which will commence within
30 days of thi. date and be. conolu4ed within
30 day. thereafter (the interim period), the
City agree., except as set forth below, to
8uapend enforcement of that portion of
ehe Valet Ordinance which allows ticketing
and towing ot cars parked 1n d..ignated ramp
areas.
C) During the interim period it 1s agreed that
the following procedure will apply:
The initial operational decision
&8 to ke.pini the ramp. clear or
having Clars in the rall\P i. to be
determined by the operator
provided, however, that if the
operator choo.e. to maintain
ears in the ramp area, and this
condition caUlel cars receiving
or discharging occupants to
double park, the operator will
be subjected to citations and
appropriate fines.
JAN. 14 ':1 I \.. -.... - I ... ........
j():;; jU 1 j:;;<:
,.....-..0.. j/j
Page :l
D) 11: is further uncleratood and agned that.
c!uring the interim puled, that the
Sl,OOO.OO dollar deductible pre8ently
required for property damage an4 liability
insurance polie!e. may b. a.ti.fi.d by the
operator maintaining an in.urance policy(8)
with a $10,000.00 de4uc~ibl. and maintaining
a bond of a ~.sh deposit of $9,000.00 with
the City, which said sum shall be replenished
to the extent it 18 depleted by payment. of
~l.ima again8t the City resulting from an
incident that would be covered by the
inlNranc::e. This understanding and agreement
1s not lubject to the aforementioned interim
period of review and is available to any
operator who agrees to: (1) report' all
incid.ent8 involving ..riouI parlemal injuZY'
within 2" hour. to the City'. Parking t'lept;
(2) upon receipt of a Notice of int-ant to
make . claim against. the City, a:18tng fr~m
tbe operator's alleged negligent aeta, the
C!t.y in ita 801e c!ilc~.ticm, may rtI~iZ'e the
Operator to depc.it an additioaal $9,000.00
cash bond for said claim; (3) That the
Operator agrees to iDd8ftlDify and. c:la!end the
City of Miami Beach from any a=! all claima
arising out of its alleged negligent acts or
the alleged negligent acts of ita officers,
directors employe.., agents or repres.nt..
t1ves.
OPERA"TOJ., OPDA'l'OJl,
BYs
wor~\b\OQS2.Q03\1\3e.ttl..1tr.
FORM APPf\OVlG
LEGAL DEPT
BY~
:)e>:f (f /, ~ /Q'
-( I r" J_I /11-.-
BY:
SATISFACTION AND RELEASE
KNOW ALL MEN BY THESE PRESENTS: That the City of Miami Beach, Florida, a municipal
corporation, hereinafter called the "City", through its various agencies, divisions, departments,
or otherwise, has issued certain violations, fines, penalties, special master orders, miscellaneous
orders, liens, and administrative claims, and proceedings (whether on appeal or otherwise)
against Key Parking Services, Inc., hereinafter called "Key" which include, without limit, the
following: See Exhibit "A" attached hereto.
The City hereby discharges, cancels, releases, and satisfies each and every one of the
foregoing violations and cases and all fines, penalties, liens, special master orders,
miscellaneous orders, and claims that may be due or asserted against Key thereunder. In
addition, this Satisfaction and Release shall satisfy and release any other outstanding violations,
fines, penalties, special master orders, miscellaneous orders, liens, and administrative claims,
cases and proceedings (whether on appeal or otherwise) by the City against Key outstanding
as of the date of this Satisfaction and Release.
The City hereby directs the City's Clerk to cancel and discharge all of the foregoing
cases and violations and the City further agrees to promptly file and record such documents
and take such other action as may be necessary by law to effect the foregoing satisfaction and
rele~s;: ," By: t: ~rr r ~
...~ .: ' \ ..
:, ,I; :\ :' .
Robert Parcher
City Clerk
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
......,.,\.....tJ. .... ~ .,,~ c ,
~
STATE OF FLORIDA)
)ss
COUNTY OF DADE)
Before me, the undersigned authority, personally appeared ROBERT PARCHER,
personally known to me to be City Clerk for the City of Miami Beach, Florida, a municipal
corporation who acknowledged before me that he executed the foregoing instrument for the
purposes therein expressed, pursuant to the authority duly vested in him. ROBERT PARCHER,
City Clerk, did take an oath.
/0 - J<."f-?c,
/~ L >>la'l4r-J::
Notary Public
State of Florida
My commission expires:
"''''''', LISA R. MARTINEZ
,\tt:~ ,.~ I,
/~~,... V;~ MY COMMISSION M CC 439417
~~\. J~] EXPIRES: February 16. 1999 .
'..)t,(;;,...,~~-' Bonded Thru NotarY Public UnclBrwmelS
I"'U,IO'
f11~
SCHEDULE 1- -OUTSTANDING VIOLATIONS/FINES/PENALTIES - KEY PARKING
SERVICES, INC.
CASE NO:
DATE:
95-85
95-99
95-101
95-113
95-116
95-119
95-125
95-128
96-005
96-15
96-26
96-29
96-35
96-46
96-51
96-59
96-61
96-102
JAH 95-019
11/3/95
11/26/95
11/26/95
12/13/95
12/15/95
12/16/95
12/26/95
12/31/95
1/6/96
1/21/96
2/2/96
2/3/96
2/23/96
3/16/96
3/29/96
4/6/96
4/12/96
4/21/96
Appeal of violation; see also underlying
violation
(apparently already closed)
11/28/94
9/20/94
9/21/94
9/18/94
3/30/92
3/30/92
5/21/92
7/16/92
7/16/92
8/21/94 (apparently already closed)
(may already be closed)
(may already be closed)
(may already be closed)
ZV95-0355
ZV95-0~01
ZV94-2950
ZV94-2927
CL94-1164
CU92-0471
CL92-0587
ZV92-0998
-. JL92-0165
SL92-0166
ZV94-1001
CL95~1344
JAH96-057
CL92-0899 6/11/92 (may already be closed)
~y other outstanding violations/fines/special master ]
~rders/penalties against or impacting Key Parking, including
without limit, those pertaining to the 1201 Collins Avenue and 600
Washington Avenue properties.
/.2 1 s
SCHEDULE 2--0UTSTANDING VIOLATIONS/FINES/PENALTIES - KEY PARKING
SERVICES, INC.
CASE NO:
DATE:
96-76
96-91
96-98
96-94
96-83
96-82
96-81
96-84
96-72
96-92
96-74
96-96
96-99
96-101
96-100
96-95
96-97
96-107
96-110
96-73
96-80
96-77
96-112
96-104
96-105
96-108
96-90
~ 96-79
96-78
96-109
96-103
4/20/96
4/20/96
4/20/96
4/20/96
4/20/96
4/20/96
4/20/96
4/20/96
4/19/96
4/20/96
4/19/96
4/20/96
4/20/96
4/20/96
4/20/96
4/20/96
4/20/96
4/21/96
4/21/96
4/19/96
4/20/96
4/20/96
4/21/96
4/21/96
4/21/96
4/21/96
4/20/96
4/20/96
4/20/96
4/21/96
4/21/96
1318
.,
IN ~E CIRCUIT COURT Opo THE
11TH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
KEY PAFL~!~G SERVICES, INC.,
a Florida Corporat~on,
CAsE NO; 94-18871 CA-21
Plaintiff
STIPULATION FOR SETTLEMENT
..
va.
JOSE GARC:A PEDROSA, as Cicy Manager
for the Ci~y of Miami Eeach, a
m~~icipal corporation, and VIP'S P&~KING
SYSTEM, INC. a/k/a/ VIP PARKING SYSTEM,
INC., a Florida corporation,
AAA PAR,I~G, INC., FRANK PINTADO and
the CITY OF MIAMI BEACH, a municipal
corporation,
Defendants.
/
COME NeW, KEY' PARKING SEl~VlCES, IN:., (hereinafter refer:ed
to as "KEY'" and JOSE GAACIA PEDROSA, as City Manager for the City
of Miami Beach, a municipal corporatior:., and T1-:E CITY OF MIAM!
BEACH, a Mu~icipal corporation\ (hereinafter collectively referred
to as I\TF'..E CITY", and hereby ente: into the following settlement:
WHEREAS, KEY has a suit pendi~g against THE CITY for a Writ
or Mandamus I for tortuous interfe!'ence ar.d the challenging of
certain fines ar.d ocher clai~g;
:,\WOAXii\OQ!2.:0~\~\'8ttt..~a.
CASE NO: 94.18871 CA-21
WHEREAS, THE CITY denies any wrongdoing but has determined
that it is in the beet interest of THE CITY to resolve this
litigation;
NOW THEREFORE, in consideration of TEN ($10.00) DOLLARS and
other valuable consideration, the sufficiency of which is hereby
acknowledged, it is hereby agreed as follows:
~
- ,
That t~e parties shall exe~~te a Joint Motion of Order
of Dismissal with Prejudice of any and all claims which exist
be~ween ~he parties in the form attached hereto as Exhibit ~A".
2. Thac with regards to any and all fines, penalties,
interest, costs or other claims whatsoever (hereinafter ~fines#)
levied against KEY by THE CITY arising out of the use, operation
or failure to obtain permits, licenet!s or comply with orders
regardi~g the parking lot lccated at 1201 Collins Avenue, THE CITY
agrees to accep-=. the sum of SEVEU THOUSAND FIVE HUNDRED
($7,5000.00) DOLLARS in full -ar.d complete settlement of said fines
.
or any other fi~es currently pending by THE CITY against KEY. THE
.
CITY agrees to execute and record any and all documents to reflect
that all fines and penalties have been satisfied in full
immediately upon execution of this Agreement. KEY hereby waives
~1\WORX\B\OOS2.00~\C\41,mo;
CASE NO: 94-19811 CA-21
any and all claim foX" damages, attorney's fees or costs arising
out the alleged tortuous interference by THE CITY as set forth in
tne Complaint and for any other c~aims as alleged in said
Complaint.
DATED this
b.;{
day of
~
I 1996.
LEVINE ~ PAR~ERS, P.A.
ATTORNEYS FOR KEY ?ARXING
1110 ER.C~LL AVE. - 7TH FLOOR
MI~~I, L IDA 33131
(305) 7. 1350
'l"HE CITi' OF :vrI.~I BEAC:-i
BY~ ;" !~!d;tIA'
Special Counsel to ~
CITY OF MIAMI BEACH
1700 CONVENTION CENTER OR.
FOURTH FLOOR
!lUAMI BEAC"d, FL 3313 Sl
':305) 673-7470
BY:
ROB ~ J. LEVINE, ESQUIRE
FLORIDA BAR NO: 320048
KEY PARKING SERVICES, INC.
~~}r~
MIKE D'ALESS~~RO, ~re8ident
JI\.o~\B\aaSA.QQ2\D\dl~t
rP
96 sEP \ 0 M~ 9; ,~O
eny "nORK\:.. '(5 QFF\CE
IN THE CIRCUIT COURT OF THE
11 TH JUDICIAL CIRCUIT IN AND
FOR DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 94-18871 CA-21
KEY PARKING SERVICES, INC.,
a Florida Corporation,
Plaintiff
vs.
JOSE GARCIA PEDROSA, as City Manager
for the City of Miami Beach, a
municipal corporation, and VIP'S PARKING
SYSTEM, INC. a/k/a/ VIP PARKING SYSTEM,
INC., a,Florida corporation,
AAA PARKING, INC., FRANK PINTADO and
the CITY OF MIAMI BEACH, a municipal
corporation,
Defendants.
/
AGREED ORDER OF DISMISSAL WITH PREJUDICE
THIS CAUSE, coming before this Honorable Court upon certain
parties' Joint Motion for Order of Dismissal With Prejudice, and
the Court having reviewed said Motion and being otherwlse fully
advised in its premises, it is hereby,
ORDERED AND ADJUDGED that the above cause is DISMISSED with
prejudice, as to all claims and counter-claims, compulsory and/or
permissive, which were or could have been asserted in this matter
between KEY PARKING SERVICES, INC., JOSE GARCIA PEDROSA, THE CITY
CASE NO: 94-18871 CA-21
OF MIAMI BEACH, FRANK PINTADO and VIP PARKING SYSTEM, INC., and
that said parties shall bear their own costs and attorney's fees.
The Court retains jurisdiction to adjudicate the claims
between KEY PARKING SERVICES, INC. and AAA PARKING, INC.
this
DONE AND ORDERED in Chambers
0) day of s:l~,
at Miami, Dade County,
Florida,
1996.
L. ;.._;:
"_ ....~ :1'; ~,
~", ~,
.: ,:,.,.'
CIRCUIT JUDGE
Copies furnished to:
Robert J. Levine, Esq.
Robert Dixon, Esq.
Victor Diaz, Esq.
Alfonso J. Perez, Esq.
J:\WORK\B\OOS2.002\D\disorder
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT IN
AND FOR DADE COUNTY, FLORIDA
KEY PARKING SERVICES, INC.,
GENERAL JURISDICTION DIVISION
Plaintiff,
CASE NO: 94-18870 CA-27
vs.
VIP'S PARKING SYSTEMS, INC.,
a/k/a VIP PARKING SYSTEM, INC.,
a Florida corporation and
FRANK PINTADO, an individual,
JOINT MOTION FOR ORDER OF
DISMISSAL WITH PREJUDICE
Defendants.
/
COME NOW the parties, KEY PARKING SERVICES, INC., a Florida
Corporation, VIP'S PARKING SYSTEM, INC., a/k/a VIP PARKING SYSTEM,
INC., a Florida corporation, and FRANK PINTADO by and through
undersigned counsel, and hereby jointly move this Honorable Court
to enter a Dismissal with Prejudice as to the claims between said
parties to this lawsuit, of any and all claims and counter-claims,
compulsory and/or .permissive, which were or could have been
asserted in this matter between said parties, and hereby advise
the Court that said parties have amicably resolved the differences
between them.
The parties are to bear their own costs and
attorney's fees.
This joint motion does not effect the claims
between KEY PARKING SERVICES, INC. and AAA PARKING, INC.
DATED this
Hi s-"'1l
b day of ,
LEVINE & PARTNERS, P.A.
ATTORNEYS FOR KEY
1110 BRICKELL AVE. - 7TH FLOOR
MIAM. . ). RIDA 33131
(305 2 1350
BY:( ,
R T J. LEVINE, ESQUIRE
RIDA BAR NO: 320048
POL, J"RST , ORSECK, JOSEFSBERG, & EATON
Attorneys for VIP & PINTADO
Meadow Olin & Perwin, P.A.
City National Bank, Suite 800
25 W. Flagler Street
Miami, FL 33130
BY'Vict~~~~ Jr., Esquire
Florida Bar No.: ~D33oo
J:\WORK\B\0052.003\D\MOTDIS
2
Case No.: 94-18870 (27)
, 1996.