2012-27877 Reso RESOLUTION NO. 2012-27877
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
APPROVING AND ADOPTING THE SETTLEMENT
BETWEEN MUSEUM WALK APARTMENTS LLC, AND
THE CITY OF MIAMI BEACH CONCERNING APPEALS
OVER BUILDING, CODE AND FIRE SPECIAL MASTER
CASES, IN THE AMOUNT OF $550,000.00, AND
AUTHORIZING THE CITY MANAGER AND CITY
ATTORNEY TO TAKE SUCH ACTIONS AS ARE
NECESSARY AND APPROPRIATE STEPS FOR THE
IMPLEMENTATION THEREOF.
WHEREAS, Museum Walk Apartments LLC ("Museum Walk"), initiated appeals
against the City of Miami Beach (the "City") concerning the mitigation of certain special
master cases involving building, code and fire violations in the following Circuit Court
cases:
No. 11-068 AP; No. 11-069 AP; No. 11-070 AP; No. 11-087 AP; No. 11-064 AP;
No. 11-065 AP; No. 11-066 AP; No. 11-067 AP; No. 11-058 AP; No. 11-060 AP;
No. 11-061 AP; No. 11-062 AP; No. 11-063 AP; No. 11-081 AP; No. 11-082 AP;
No. 11-083 AP; No. 11-084 AP; No. 11-076 AP; No. 11-077 AP; No. 11-078 AP;
No. 11-079 AP; No. 11-080 AP; No. 11-115 AP; No. 11-116 AP; No. 11-118 AP;
No. 11-122 AP; No. 11-072 AP; No. 11-073 AP; No. 11-074 AP; No. 11-085 AP;
No. 11-086 AP; No. 11-119 AP; No. 11-117 AP; No. 11-120 AP; No. 11-121 AP;
No. 11-123 AP; No. 11-124 AP; No. 11-662 AP; and No. 11-670 AP.
(collectively "the Appeals"); and
WHEREAS, Museum Walk and the City engaged in settlement discussions to
resolve their differences, and have reached an Agreement to resolve the Appeals in the
amount of$550,000.00, subject to approval by the City Commission; and
WHEREAS, Museum Walk and the City wish to avoid the expense, delay, and
uncertainty of the appellate process, and agree it is in their respective mutual best
interests to resolve the Appeals in the amount set forth above; and
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 the Settlement between Museum
Walk Apartments LLC and the City of Miami Beach concerning appeals over Building,
Code and Fire Special Master cases, in the amount of$550,000.00, and authorizing the
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City Manager and City Attorney to take such actions as are necessary or appropriate for
the implementation thereof. This Resolution shall take effect immediately upon its
adoption.
PASSED and ADOPTED this A/day of WOrtk , 2012.
EST: J —�x&-Z, /q/ -
6 �� MA R
CITY CLERK F
* INCORP ORATED'
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H 26
APPROVED AS TO
FORM & LANGUAGE
& FOR CUTION
(;I At Date
Page 2 of 2
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gon
FROM: Jose Smith, City Attor
DATE: March 21, 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:
Museum Walk Apartments v. City of Miami Beach, Eleventh Judicial Circuit of
Florida, Appellate Jurisdiction, Case Nos. 011-058; 060; 061; 063; 069, 070, 072-
084; 086; 087; 115-124; 662-670.
Therefore, a private closed Attorney-Client Session will be held during the lunch
recess of the City Commission meeting on March 21, 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 Steven Rothstein.
JS/SHR/mem
Agenda Item R !0 (3
Date