2010-27559 Reso RESOLUTION NO. 2010 - 27559
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT AGREEMENT BETWEEN NANCY BONA, MARY
MICHEL, AND ROBERT AND RITA SWEDROE, AND THE CITY
OF MIAMI BEACH, AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A SETTLEMENT AGREEMENT, AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO
TAKE SUCH ACTIONS AS MAY BE NECESSARY TO CARRY
OUT THE INTENT HEREOF.
WHEREAS, the City of Miami Beach has obtained all required permits for
and completed construction of a recreational path called the North Beach
Recreational Corridor (the "Corridor ") on State -owned beach property; and
WHEREAS, certain single family homeowners in the Altos del Mar
neighborhood, Nancy Bona, Mary Michel, and Robert and Rita Swedroe, (the
"Plaintiffs " filed a lawsuit challenging the construction of the path and its alleged
effects on their homes; and
WHEREAS, the case is styled Bona et al v. City of Miami Beach, case no.
07 -32876 CA 21, Circuit Court, Miami -Dade County, Florida, (the "Lawsuit "); and
WHEREAS, the Lawsuit contained three counts: Count 1 for Injunctive
Relief, seeking to require the City to remove the Corridor because of alleged
safety concerns during catastrophic storms; Count 2 for declaratory relief,
alleging that the Corridor impaired the Plaintiffs' riparian rights, interfered with the
use and enjoyment of their property, and was illegal in other respects; and Count
3 requiring the City to commence eminent domain proceedings to compensate
the Plaintiffs for the alleged impact to their riparian rights; and
WHEREAS, the Judge recently set the case for trial on the three -week
trial calendar commencing November 1, 2010, which required a rigorous
schedule for discovery and pre -trial motions; and
WHEREAS, the parties engaged in discovery and pre -trial preparations;
and on October 15, 2010 attended a court imposed mediation in an attempt to
resolve this matter between them in an amicable manner; and
• '' An additional Plaintiff, Altos del Mar Realty Corp., has voluntarily dismissed its
claims without prejudice rather than entering into a settlement agreement with
the City.
WHEREAS, at mediation with the Honorable Justice Gerald Kogan
mediating, most of the Plaintiffs agreed to a tentative settlement, subject to City
Commission approval; and
WHEREAS, the parties have negotiated a Settlement Agreement based
upon the agreement at mediation, and have presented that Settlement
Agreement to the City Commission for consideration; and
WHEREAS, the settlement resolves this dispute, without any party
admitting liability, on terms that are in the best interests of the City, because not
only does the Corridor serve an important public purpose and is an outstanding
public amenity, but the relationship of the Corridor to the adjacent single family
neighborhood is an important matter to address; and
WHEREAS, this settlement therefore accomplishes the purposes sought,
while providing resolution to the Plaintiffs of the issues they raised, and protects
the City from further litigation and litigation expenses in addressing the claims of
the settling Plaintiffs in this matter; and
WHEREAS, for the foregoing reasons, among others, the City Attorney
and City Manager recommend that the City Commission approve the settlement,
authorizing the Mayor and City Clerk to execute the Settlement Agreement,
subject to such further minor modifications as may be necessary for the best
interests of the City that are acceptable to the City Manager and the City
Attorney, and to authorize the City Manager and the City Attorney to take such
further actions as may be necessary to accomplish the intent hereof, subject to
such matters as remain in the discretion of the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission approve the Settlement Agreement with Nancy
Bona, Mary Michel, and Robert and Rita Swedroe, and authorize the Mayor and
City Clerk to execute the Settlement Agreement in such final form as the City
Manager and City Attorney approve, and authorizing the City Manager and City
Attorney to take such further actions as may be necessary to accomplish the
intent hereof, subject to such matters as remain in the discretion of the City
Commission.
PASSED and ADOPTED this 174- day of Ii(weivlbeC 010.
• 40 ,
AT ; ST: /
IALA MA OR
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& `OR EXECUTION
1( 1410
y Attorney Date
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me • • - s of the City Commission
FROM: Jose Smith, City Attorn ,
CC: Jorge M. Gonzalez, Cit ' nager
DATE: November 17, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT
BETWEEN NANCY BONA, MARY MICHEL, AND ROBERT AND RITA
SWEDROE, AND THE CITY OF MIAMI BEACH, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT, AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE SUCH
ACTIONS AS MAY BE NECESSARY TO CARRY OUT THE INTENT HEREOF.
RECOMMENDATION
The City Commission should adopt the Resolution and approve a Settlement Agreement
(the proposed Agreement is transmitted to the City Commission under separate cover).
BACKGROUND
This resolution is submitted for your consideration if you approve the proposed settlement of
this case.
The City of Miami Beach obtained all required permits and completed construction of a
recreational path called the North Beach Recreational Corridor (the "Corridor ") on State -
owned beach property. Several Altos del Mar homeowners (the "Plaintiffs " filed a lawsuit
challenging the construction of the path and its alleged impacts on their homes. The case is
styled Bona et al v. City of Miami Beach, case no. 07 -32876 CA 21, Circuit Court, Miami -
Dade County, Florida, (the "Lawsuit ").
The Lawsuit contained three counts: Count 1 for Injunctive Relief, seeking to require the City
to remove the Corridor because of alleged safety concerns during catastrophic storms;
Count 2 for declaratory relief, alleging that the Corridor impaired the Plaintiffs' riparian rights,
interfered with the use and enjoyment of their property, and was otherwise illegal. Count 3
requires the City to commence eminent domain proceedings to compensate the Plaintiffs for
the alleged impact to their riparian rights.
The Judge set the case for trial on the three -week trial calendar commencing November 1,
1 An additional Plaintiff, Altos del Mar Realty Corp., voluntarily dismissed its claims, without
prejudice, rather than settling with the City. Those claims now appear to be time - barred.
Agenda Item F
Date r r -n -Id
Memorandum to Mayor Bower and Members of the City Commission
Re: Resolution approving Settlement Agreement; Bona et al v. City of Miami Beach
Date: November 17, 2010
Page 2 of 2
2010, and required a rigorous schedule for discovery and pre -trial motions. Several expert
witnesses were retained to testify at trial.
The parties engaged in extensive discovery and on October 15, 2010 attended a court
ordered mediation in an attempt to resolve this matter.
At mediation with the former Florida Supreme Court Justice Gerald Kogan mediating, the
parties negotiated a settlement in principle of the pending claims, subject to City
Commission approval. That settlement has been drafted into a Settlement Agreement,
which is now before you for consideration.
ANALYSIS
The settlement resolves all disputes, without admitting liability, on terms that are in the best
interests of the City. Not only does the Corridor serve an important public purpose and is an
outstanding public amenity, but the connections of the Corridor to the adjacent single family
neighborhood, along with beach access issues, are important matters that must be resolved.
This settlement therefore accomplishes the purposes sought, while providing resolution to
the Plaintiffs of the issues they raised, and protects the City from further litigation and costs
in addressing the claims of the settling Plaintiffs.
For the foregoing reasons, among others, the City Attorney, in consultation with the Office of
the City Manager, recommends that the City Commission approve the settlement,
authorizing the Mayor and City Clerk to execute the Settlement Agreement, subject to such
further minor modifications as may be necessary for the best interests of the City that are
acceptable to the City Manager and the City Attorney, and to authorize the City Manager and
the City Attorney to take such further actions as may be necessary to accomplish the intent
hereof, subject to such matters as remain in the discretion of the City Commission.
CONCLUSION
The City Commission should adopt the Resolution and approve the Settlement Agreement.
JS /JGG /GMH
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