2016-29524 Reso RESOLUTION NO 2016-29524
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE
MEDIATION SETTLEMENT BETWEEN THE CITY OF MIAMI BEACH
AND HARGREAVES ASSOCIATES, INCORPORATED, AND
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE
THE NECESSARY AND APPROPRIATE STEPS FOR THE
IMPLEMENTATION THEREOF; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ANY DOCUMENTS AND/OR
AGREEMENTS, AS REQUIRED TO EFFECTUATE THE TERMS OF
THE SETTLEMENT.
WHEREAS, a Judgment was entered in favor of the City of Miami Beach (the
"City") in the case of the City of Miami Beach, Florida v. Hargreaves Associates,
Incorporated, et al., 11th Judicial Circuit of Miami-Dade County, Florida, Case No. 10-
61979 CA 40 (the "Final Judgment"); and
WHEREAS, the Final Judgment is being challenged by Hargreaves Associates,
Incorporated ("Hargreaves") and is on appeal in the Third District Court of Appeal, Case
No. 15-2266 (the "Appeal"); and
WHEREAS, in addition to the filing of the Appeal, Hargreaves filed a Voluntary
Chapter 11 Petition in the United States Bankruptcy Court, Northern District of
California, Case No. 15-31441 BKC; and
WHEREAS, the City and Hargreaves wish to avoid the expense, delay, and
uncertainty of lengthy litigation and appeals, and agree it is in their respective mutual
best interests to resolve both non-bankruptcy and bankruptcy issues; and
WHEREAS, pursuant to a bankruptcy court order, the City and Hargreaves
engaged in a mediation conference and have entered into a tentative settlement,
subject to approval by the Mayor and City Commission and the Bankruptcy Court; and
WHEREAS, on July 13, 2016, the Mayor and City Commission held a Closed
Attorney-Client Session and thereafter at the conclusion of the closed Attorney-Client
Session a motion was made to approve the settlement terms.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
That The Mayor and City Commission hereby approve and adopt the mediation
settlement between the City of Miami Beach and Hargreaves Associates, Incorporated,
and authorize the City Manager and City Attorney to take the necessary and appropriate
steps for the implementation thereof; and further authorizing the Mayor and City Clerk to
execute any documents and/or agreements, as required to effectuate the terms of the
settlement.
PASSED and ADOPTED this 13 day of gill , 2016.
Philip •-v ror
ATTEST: !/
APPROVED AS TO
FORM & LANGUAGE
&j:Oe.EXECUTION
Ra ael E. :nado, City Clerk _�►��„nu, s (3 ( to
.a►
3 n 1 i NI City Attorney('�u,`, Date
.INCORP ORATED
�• :lot
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Raul J. Aguila, City Attom j3 (_-
DATE: July 13, 2016
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:
City of Miami Beach v. Hargreaves&Associates, et al.
Case No. 10-61979 CA 03
Circuit Court, 11th Judicial Circuit
Therefore, a private closed Attorney-Client Session will be held during the lunch recess of
the City Commission meeting on July 13, 2016, 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 matter.
The following individuals will be in attendance: Mayor Philip Levine; Members of the City
Commission; Micky Steinberg, Joy Malakoff, Michael Grieco, Ricky Arriola, Kristen Rosen-
Gonzalez, and John Elizabeth Aleman;City Manager Jimmy L. Morales, City Attorney Raul
J. Aguila, First Assistant City Attorney Steven Rothstein, Meredyth Cooper, Esquire and
Carlos de Zayas, Esquire
•
RJA/shr/mmm
Agenda Item R I o c
Date ?-13-1 f°
•
1451