2012-27848 Reso RESOLUTION NO. 2012 -2784
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
APPROVING AND ADOPTING THE MEDIATION
SETTLEMENT AGREEMENT BETWEEN 1100 WEST
PROPERTIES, LLC, AND THE CITY OF MIAMI BEACH
CONCERNING AN APPEAL OVER BUILDING PERMIT
FEES, AND AUTHORIZING THE TAKING OF
NECESSARY AND APPROPRIATE STEPS FOR THE
IMPLEMENTATION THEREOF.
WHEREAS, 1100 West Properties, LLC, d /b /a Mondrian South Beach
( "Mondrian "), initiated an appeal against the City of Miami Beach (the "City ") concerning
the recovery of certain building permit fees and other relief in Circuit Court Case No. 11-
505 AP (the "Appeal "); and
WHEREAS, the Mondrian and the City have engaged in mediation to resolve
their differences, and have entered into the Mediation Settlement Agreement, which is
attached as Exhibit "A" to this Resolution, subject to approval by the City Commission;
and
WHEREAS, the City and the Mondrian wish to avoid the expense, delay, and
uncertainty of lengthy litigation and appeals, and to resolve their differences under the
terms set forth in the Mediation Settlement Agreement, and agree it is in their respective
mutual best interests to enter into this Agreement; and
WHEREAS, the City Commission has requested, and the Mondrian has agreed,
through its counsel David Nevel, to the following two additional settlement provisions:
1. 1100 West Properties, LLC, agrees to move diligently to obtain the State DEP
baywalk permits, in cooperation with the City; and
2. 1100 West Properties, LLC, agrees it will not file any further challenges to the
City's use of all or a portion of the balance of $450,000 in escrowed funds as is
reasonable and necessary for the 10 Street street end improvements, if 1100 West
does not timely obtain the baywalk permits, and the balance of the unused escrowed
funds, if any, shall thereafter be released to 1100 West Properties, LLC.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
That the City Commission hereby approves and adopts the Mediation Settlement
Agreement, in the form attached hereto as Exhibit "A," and the City Manager and City
Attorney are authorized to take such actions as are necessary or appropriate consistent
with the intent of this resolution to implement the provisions of the Mediation Settlement
*V .
Agreement, as amended above, including amending the General Fund Budget to
appropriate $612,500.00 in the Building Department budget offset by increased building
fee revenues. This Resolution shall take effect immediately upon its adoption.
PASSED and ADOPTED this day of 2012.
TEST:
C l.., � A R a " V�
CITY CLERK APPROVED AS TO
F M AND LANGUAGE
�P.••• �� & FOR EXECUTION
* INCORP ORAT NEY DATE
........... Cb
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F:WTT0\HELG \LITIGATI0N \1100 W Properties LLC \Settlement Agreement adoption reso.doc
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gonzalez
FROM: Jose Smith, City Atto e'
DATE: February 8, 2012
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:
1) 1100 West Properties, LLC v. City of Miami Beach, Circuit Court Case
No. 09 -70789 CA 23
2) City of Miami Beach v. 1100 West Properties, LLC, Circuit Court
Appellate Division Case No.: 11 -505 AP
Therefore, a private closed Attorney - Client Session will be held during the lunch
recess of the City Commission meeting on February 8, 2012, 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 matters.
The following individuals will be in attendance: Mayor Matti Herrera Bower;
Members of the City Commission: Jorge Exposito, Michael Gongora, Jerry Libbin,
Edward Tobin, Deede Weithorn and Jonah Wolfson; City Manager Jorge Gonzalez,
City Attorney Jose Smith, First Assistant City Attorney Rhonda Montoya Hasan and
First Assistant City Attorney Gary Held.
JS /RM /mem
FAATTO \SMIJ \attorney client session\Attorney- Client Session - Mondrian.doc
Agenda Item R10 13
Date Z - `�-) 2