HomeMy WebLinkAbout2002-24921 Reso
RESOLUTION NO.
2002-24921
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH APPROVING TWO SETTLEMENT
AGREEMENTS CONCERNING THE MIAMI BEACH MARINA
SEWAGE SPILL; (1) THE FIRST AGREEMENT BETWEEN THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(UDEP"), THE CITY, THE MIAMI BEACH REDEVELOPMENT
AGENCY ("RDA"), AND PRIVATE PARTIES INVOLVED IN THE
INCIDENT; AND (2) THE SECOND AGREEMENT BETWEEN THE
CITY, THE RDA, AND THE PRIVATE PARTIES, TO RECOVER
THE CITY'S COSTS ARISING FROM THIS INCIDENT, AND
AUTHORIZING THE MAYOR, CITY CLERK AND ANY OTHER
NECESSARY CITY PERSONNEL TO EXECUTE THE
SETTLEMENT AGREEMENT AND ALL OTHER DOCUMENTS AS
MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS
RESOLUTION.
WHEREAS, following the sewage spill at the Miami Beach Marina on or about
June 20, 2000, the City of Miami Beach and other governmental regulatory agencies,
including Miami-Dade County Department of Environmental Resources Management
("DERM") and Florida Department of Environmental Protection ("DEP"), have undertaken
investigations to determine the causes of the spill, to recover costs these agencies and/or
their governments incurred in connection with the spill, and to direct corrective action to
prevent the incident from recurring; and
WHEREAS, on June 27, 2001, the City Attorney presented to the Commission
a settlement agreement with Miami-Dade County resulting from DERM's findings and
actions with respect to the incident, which the Commission approved by Resolution 2001-
24497; and
WHEREAS, the attached settlement agreement in the form of the Consent
Order with DEP ("the DEP Agreement") reflects DEP's review and assessment of the spill
and the settlement of all possible issues with respect to the claims of DEP, and the State
of Florida, through the Board of Trustees of the Internal Improvement Trust Fund; and
WHEREAS, while the City is a party to this DEP Agreement as lessee of the
submerged bay bottom of the Miami Beach Marina, no obligations of the City arise under
this agreement other than in connection with future dredging and filling activities at the
Miami Beach Marina, solely to the extent that the City acknowledges that such future
activities are subject to the review and approval of DEP; and
WHEREAS, no liability for payment, or for any action related to the spill, is
admitted or imposed, express or implied, on behalf of the City, in this DEP Agreement;
and
WHEREAS, the second agreement between the City, the RDA, and the private
parties ("the City Agreement") requires those parties identified as having some
responsibility in connection with the incident, either by their action, or by prior agreement
to indemnify the City, are required to reimburse the City for expenses arising from the
incident, which have been calculated at $260,000; and
WHEREAS, based on the foregoing, the Administration and the City Attorney
recommend that the Mayor and City Commission adopt this resolution approving the DEP
Agreement and the City Agreement, authorizing their execution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Settlement
Agreement with the Florida Department of Environmental Protection, and the City
Agreement with the private parties, for the Miami Beach Marina sewage spill, attached to
this Resolution are hereby approved and the Mayor, City Clerk and any other necessary
City personnel are hereby authorized to execute the Agreements and all other
documents as may be necessary to carry out the intent of this Resolution.
PASSED and ADOPTED this 10th day
,2002.
ATTEST:
~~ ftlA-~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
7 - '?rd"2-
Date
T:\AGENDA\2002\JUL 1D02\REGULAR\Sewage Break Settlement DEPCItyAgr.Res.doc
2
CI1Y OF MIAMI BEACH
CONMISSION ITEM SUMMARY
m
-
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach ("City") approving two
Settlement Agreements concerning the Miami Beach Marina Sewage Spill: (1) the First Agreement
between the Florida Department of Environmental Protection ("DEP"), the City, the Miami Beach
Redevelopment Agency ("RDA"), and Private Parties involved in the incident; and (2) the Second
Agreement between the City, the RDA, and the Private Parties, to recover the City's costs arising from this
incident, and authorizing the Mayor, City Clerk and any other necessary City personnel to execute the
Settlement Agreement and all other documents as may be necessary to carry out the intent of this
Resolution.
Issue:
Shall the Mayor and City Commission approve two Settlement Agreements concerning the Miami Beach
Marina Sewage Spill with DEP and Private Parties, respectively?
Item Summa IRecommendation:
As a result of the rupture of the 54 inch sewage force main on June 20, 2000 the City entered into a
Settlement Agreement with DERM on June 27, 2001 which contemplated two Settlement Agreements with
1) DEP and 2) Private Parties.
The DEP Agreement requires Miami Beach Marina Associates, Ltd., to pay $29,200 in settlement of the
incident, which funds include $7,000 for costs and expenses incurred by DEP, and the remaining funds
allocated to the State's Ecosystem Management and Restoration Trust Fund. The agreement also
requires the contractor, Marin and Marin to perform a mitigation project in the South Beach area,
specifically the placement of 1,200 tons of rip rap boulders within the limits of DERM's South Beach
Artificial Reef Project, consistent with Corps of Engineers and DEP permits for that project.
The second settlement agreement with the other private parties requires the reimbursement to the City of
the $260,000.00 expended by the City in connection with the sewage spill, and confirms the contractor's
obli ation to undertake the miti ation ro'ect described above.
Board Recommendation:
Resolution No. 2001-24497, ado ted June 27, 2001.
Financlallnfonnation:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I Gary Held
Si n-Offs:
Department Director
Assistant City Manager
AGENDA ITEM ~
DATE 7-10-0:l.-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.f1.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \
City Manager ()
Murray H. Dubbin ^ ~ r
City Attorney (~"\
Date: July 10, 2002
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH ("CITY") APPROVING TWO SETTLEMENT
AGREEMENTS CONCERNING THE MIAMI BEACH MARINA SEWAGE
SPILL: (1) THE FIRST AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), THE CITY,
THE MIAMI BEACH REDEVELOPMENT AGENCY ("RDA"), AND PRIVATE
PARTIES INVOLVED IN THE INCIDENT; AND (2) THE SECOND
AGREEMENT BETWEEN THE CITY, THE RDA, AND THE PRIVATE
PARTIES, TO RECOVER THE CITY'S COSTS ARISING FROM THIS
INCIDENT, AND AUTHORIZING THE MAYOR, CITY CLERK AND ANY
OTHER NECESSARY CITY PERSONNEL TO EXECUTE THE
SETTLEMENT AGREEMENT AND ALL OTHER DOCUMENTS AS MAY BE
NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION.
RECOMMENDATION
The City Manager and City Attorney recommend that the Mayor and City Commission adopt
the accompanying resolution approving execution of the two Settlement Agreements, the
first with the Florida Department of Environmental Protection ("DEP") and the second with
the private parties having some responsibility in this incident.
ANALYSIS
On June 20, 2000, a 54 inch Miami-Dade County Water and Sewer Department sewage
force main was ruptured by a contractor at the Miami Beach Marina while installing a 45
foot long, 18-inch concrete piling for a boatlift. The rupture caused the discharge of
approximately 25 million gallons of raw sewage into Biscayne Bay, and closed Miami
Beach beaches.
Remedial actions included redirecting sewage flow to a previously abandoned ocean outfall
line, and repairing the ruptured force main. City expenses, including restoration costs,
overtime, and attorneys' fees in connection with representation of the City before the
various regulatory agencies, are calculated at $260,000.00.
July 10,2002
City Commission Memorandum
Sewage Break Settlement
Page 2 of 2
The Dade County Department of Environmental Resources Management (DERM) and the
Florida Department of Environmental Protection (DEP) have conducted investigations into
the facts and circumstances surrounding the incident. The City Commission previously
authorized a settlement agreement with DERM by Resolution 2001-24497 on June 27,2001
which contemplated these further agreements. A copy of that Resolution and Agreement
are attached. These are the final two settlement agreements on this issue.
The first agreement is with the Department of Environmental Protection ("DEP
Agreement"). This DEP Agreement, in the form of a consent order, requires Miami Beach
Marina Associates, Ltd., to pay $29,200 in settlement ofthe incident, which funds include
$7,000 for costs and expenses incurred by DEP, and the remaining funds allocated to the
State's Ecosystem Management and Restoration Trust Fund. The agreement also
requires the contractor, Marin and Marin to perform a mitigation project in the South Beach
area, specifically the placement of 1,200 tons of rip rap boulders within the limits of
DERM's South Beach Artificial Reef Project, consistent with Corps of Engineers and DEP
permits for that project. The completion of this project will be guaranteed through Marina's
submittal of a performance bond. Further, certain limitations on future work within the
Miami Beach Marina are imposed that require the review and approval of DEP before their
commencement.
The second settlement agreement is between the City and the other private parties
involved in the incident. The agreement requires the reimbursement to the City of the
$260,000.00 expended by the City in connection with the sewage spill, and confirms the
contractor's obligation to undertake the mitigation project described above.
The $260,000 includes the following costs:
Police overtime $
Parks overtime
Ocean Terrace Restoration
Public Works operations
Subtotal
Other costs and expenses
Total
10,260.00
5,584.00
20,000.00
148.754.00
184,598.00
75.402.00
260,000.00
The Administration and City Attorney recommend the adoption of the resolution authorizing
the Mayor and City Clerk to execute the settlement agreements and related documents.
JMG/MHD/~GMH
T:\AGENDA\2002\JUL1002\REGULAR\Sewage Break Settlemenl Conm mom,doc
RESOLUTION NO. 425-2002
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY ("RDA")
APPROVING TWO SETTLEMENT AGREEMENTS CONCERNING
THE MIAMI BEACH MARINA SEWAGE SPILL: (1) THE FIRST
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION ("DEP"), THE CITY OF MIAMI
BEACH ("CITY"), THE RDA, AND PRIVATE PARTIES INVOLVED
IN THE INCIDENT; AND (2) THE SECOND AGREEMENT
BETWEEN THE CITY, THE RDA, AND THE PRIVATE PARTIES,
TO RECOVER THE CITY'S COSTS ARISING FROM THIS
INCIDENT, AND AUTHORIZING THE CHAIRMAN, SECRETARY
AND ANY OTHER NECESSARY RDA PERSONNEL TO
EXECUTE THE SETTLEMENT AGREEMENT AND ALL OTHER
DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE
INTENT OF THIS RESOLUTION.
WHEREAS, following the sewage spill at the Miami Beach Marina on or about
June 20, 2000, the City of Miami Beach and other governmental regulatory agencies,
including Miami-Dade County Department of Environmental Resources Management
("DERM") and Florida Department of Environmental Protection ("DEP"), have undertaken
investigations to determine the causes of the spill, to recover costs these agencies and/or
their governments incurred in connection with the spill, and to direct corrective action to
prevent the incident from recurring; and
WHEREAS, on June 27, 2001, the City Attorney presented to the Commission
a settlement agreement with Miami-Dade County resulting from DERM's findings and
actions with respect to the incident, which the Commission approved by Resolution 2001-
24497; and
WHEREAS, the attached settlement agreement in the form of the Consent
Order with DEP ("the DEP Agreement") reflects DEP's review and assessment of the spill
and the settlement of all possible issues with respect to the claims of DEP, and the State
of Florida, through the Board of Trustees of the Internal Improvement Trust Fund; and
WHEREAS, while the City is a party to this DEP Agreement as lessee of the
submerged bay bottom of the Miami Beach Marina, no obligations of the City arise under
this agreement other than in connection with future dredging and filling activities at the
Miami Beach Marina, solely to the extent that the City acknowledges that such future
activities are subject to the review and approval of DEP; and
WHEREAS, no liability for payment, or for any action related to the spill, is
admitted or imposed, express or implied, on behalf of the City, in this DEP Agreement;
and
WHEREAS, the second agreement between the City, the RDA, and the private
parties ("the City Agreement") requires those parties identified as having some
responsibility in connection with the incident, either by their action, or by prior agreement
to indemnify the City, are required to reimburse the City for expenses arising from the
incident, which have been calculated at $260,000; and
WHEREAS, based on the foregoing, the Administration and General Counsel
to the RDA recommend that the Chairman and Members of the RDA adopt this resolution
approving the DEP Agreement and the City Agreement, authorizing their execution.
NOW, THEREFORE, BE IT RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, FLORIDA, that the
Settlement Agreement with the Florida Department of Environmental Protection, and the
City Agreement with the private parties, for the Miami Beach Marina sewage spill,
attached to this Resolution are hereby approved and the Chairman, Secretary and any
other necessary RDA personnel are hereby authorized to execute the Agreements and
all other documents as may be necessary to carry out the intent of this Resolution.
PASSED and ADOPTED this 10th day 0
,2002.
ATTEST:
~r fC\;l~
SECRETARY
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CHAIRMAN
1Ut~
GENERAL COUNSEL TO THE RDA
7-]-0 ')..-
Date
T:\AGENDAUOO2\JUL1002\REGULAR\Sewage Break Settlement DEPCltyAgr.Res.doc
2
CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY ITEM SUMMARY
m
Condensed Title:
A Resolution of the Chairman and Members of the Miami Beach Redevelopment Agency ("RDA")
approving two Settlement Agreements concerning the Miami Beach Marina Sewage Spill: (1) the first
Agreement between the Florida Department of Environmental Protection ("DEP"), the City of Miami Beach
("City"), the RDA, and Private Parties involved in the incident; and (2) the second Agreement between the
City, the RDA, and the Private Parties, to recover the City's costs arising from this incident, and authorizing
the Chairman, Secretary and any other necessary City personnel to execute the Settlement Agreement and
all other documents as may be necessary to carry out the intent of this Resolution.
Issue:
Shall the Mayor and City Commission approve two Settlement Agreements concerning the Miami Beach
Marina Sewage Spill with DEP and Private Parties, respectively?
Item Summary/Recommendation:
As a result of the rupture of the 54 inch sewage force main on June 20, 2000 the City entered into a
Settlement Agreement with DERM on June 27, 2001 which contemplated two Settlement Agreements with
1) DEP and 2) Private Parties.
The DEP Agreement requires Miami Beach Marina Associates, Ltd., to pay $29,200 in settlement of the
incident, which funds include $7,000 for costs and expenses incurred by DEP, and the remaining funds
allocated to the State's Ecosystem Management and Restoration Trust Fund. The agreement also requires
the contractor, Marin and Marin to perform a mitigation project in the South Beach area, specifically the
placement of 1,200 tons of rip rap boulders within the limits of DERM's South Beach Artificial Reef Project,
consistent with Corps of Engineers and DEP permits for that project.
The second settlement agreement with the other private parties requires the reimbursement to the City of
the $260,000.00 expended by the City in connection with the sewage spill, and confirms the contractor's
obligation to undertake the mitigation project described above.
Advisory Board Recommendation:
I Resolution No. 2001-24497, adopted June 27,2001.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I Gary Held
Sign-Offs:
Department Director
Assistant City Manager
City Manager
T:\AGENOA\2002\JUL1002\ROAISewogO Break Sottlomont Com
AGENDA ITEM 3 A
DATE 7-/0-0')....
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
REDEVELOPMENT AGENCY MEMORANDUM
FROM:
Chairman David Dermer and
Members of the Redevelopment Agency
\ /.
Jorge M. Gonzalez \ .vVi\
Executive Director () " U. (\. 01__
Murray H. Dubbin ' flAl \fJ&:}.W
General Counsel to the RedJ~elopment Agency
Date: July 10, 2002
TO:
SUBJECT: A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY ("RDA") APPROVING TWO
SETTLEMENT AGREEMENTS CONCERNING THE MIAMI BEACH MARINA
SEWAGE SPILL: (1) THE FIRST AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION ("DEP"), THE CITY
OF MIAMI BEACH ("CITY"), THE RDA, AND PRIVATE PARTIES
INVOLVED IN THE INCIDENT; AND (2) THE SECOND AGREEMENT
BETWEEN THE CITY, THE RDA, AND THE PRIVATE PARTIES, TO
RECOVER THE CITY'S COSTS ARISING FROM THIS INCIDENT, AND
AUTHORIZING THE CHAIRMAN, SECRETARY AND ANY OTHER
NECESSARY CITY PERSONNEL TO EXECUTE THE SETTLEMENT
AGREEMENT AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY
TO CARRY OUT THE INTENT OF THIS RESOLUTION.
RECOMMENDATION
The Executive Director and General Counsel to the Redevelopment Agency (RDA)
recommend that the Chairman and Members of the RDA adopt the accompanying
resolution approving execution of the two Settlement Agreements, the first with the Florida
Department of Environmental Protection ("DEP") and the second with the private parties
having some responsibility in this incident.
ANALYSIS
On June 20,2000, a 54 inch Miami-Dade County Water and Sewer Department sewage
force main was ruptured by a contractor at the Miami Beach Marina while installing a 45
foot long, 18-inch concrete piling for a boatlift. The rupture caused the discharge of
approximately 25 million gallons of raw sewage into Biscayne Bay, and closed Miami
Beach beaches.
Remedial actions included redirecting sewage flow to a previously abandoned ocean outfall
line, and repairing the ruptured force main. City expenses, including restoration costs,
overtime, and attorneys' fees in connection with representation of the City before the
various regulatory agencies, are calculated at $260,000.00.
July 10,2002
City Commission Memorandum - RDA
Sewage Break Settlement
Page 2 of 2
The Dade County Department of Environmental Resources Management (DERM) and the
Florida Department of Environmental Protection (DEP) have conducted investigations into
the facts and circumstances surrounding the incident. The City Commission previously
authorized a settlement agreement with DERM by Resolution 2001-24497 on June 27,2001
which contemplates these further agreements. A copy of that Resolution and Agreement
are attached. These are the final two settlement agreements on this issue.
The first agreement is with the Department of Environmental Protection (UDEP
Agreement"). This DEP Agreement, in the form of a consent order, requires Miami Beach
Marina Associates, Ltd., to pay $29,200 in settlement of the incident, which funds include
$7,000 for costs and expenses incurred by DEP, and the remaining funds allocated to the
State's Ecosystem Management and Restoration Trust Fund. The agreement also
requires the contractor, Marin and Marin to perform a mitigation project in the South Beach
area, specifically the placement of 1,200 tons of rip rap boulders within the limits of
DERM's South Beach Artificial Reef Project, consistent with Corps of Engineers and DEP
permits for that project. The completion of this project will be guaranteed through Marina's
submittal of a performance bond. Further, certain limitations on future work within the
Miami Beach Marina are imposed that require the review and approval of DEP before their
commencement.
The second settlement agreement is between the City and the other private parties
involved in the incident. The agreement requires the reimbursement to the City of the
$260,000.00 expended by the City in connection with the sewage spill, and confirms the
contractor's obligation to undertake the mitigation project described above.
The $260,000 includes the following costs:
Police overtime $
Parks overtime
Ocean Terrace Restoration
Public Works operations
Subtotal
Other costs and expenses
Total
10,260.00
5,584.00
20,000.00
148.754.00
184,598.00
75.402.00
260,000.00
The Administration and General Counsel to the RDA recommend the adoption of the
resolution authorizing the Chairman and Secretary to execute the settlement agreements
and related documents.
JMG/MHD/CWi&GMH
T:\AGENOA\2002\JUl1002\ROA\Sewage Break Settlement Corrrn mem.doc:
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into on this I tJ day of July, 2002, by and
between the City of Miami Beach, the Miami Beach Redevelopment Agency (collectively
"Miami Beach"), Miami Beach Marina Associates, Ltd. ("MBMA"), RCI Marine, Inc. ("RC!"),
and Marin & Marin Construction, Inc. ("Marin").
WHEREAS, on June 24, 1983, Miami Beach entered into a Marina Lease Agreement
with Carner Mason Associates, Ltd. for the operation ofthe Miami Beach Marina (the
"Marina");
WHEREAS, the Marina Lease Agreement has been amended several times, and MBMA
and RCI Marine, Inc. are the current lessee and operator, respectively, ofthe Miami Beach
Marina pursuant to the terms ofthe Marina Lease Agreement, as amended;
WHEREAS, on January 21,1986, Miami Beach and the Trustees of the Internal
Improvement Trust Fund of the State of Florida ("Trustees") entered into Sovereignty
Submerged Land Lease No. 130765469 for the Miami Beach Marina;
WHEREAS, Miami Beach and the Trustees have amended the Submerged Land Lease
several times and the Submerged Land Lease, as amended, has been in effect at all times material
to this Settlement Agreement;
WHEREAS, in 2000, MBMA hired a contractor to install boatlifts at the Marina;
WHEREAS, the contractor, in turn, subcontracted with Marin to remove and replace
pilings at the Miami Beach Marina;
WHEREAS, Marin's work included the driving of concrete pilings into the submerged
lands within the Marina;
WHEREAS, on or about June 20, 2000, while Marin was working at the Marina, a
sewage main owned and operated by Miami-Dade County was ruptured and released raw sewage
into Government Cut;
WHEREAS, as a result of the sewage spill, the Florida Department of Environmental
Protection ("FDEP") initiated enforcement proceedings, OGe File No. 00-1867 and filed a proof
of claim for $329,200 in In re Marin & Marin Construction. Inc., Case No. 00-4808-CIV-KING
(S.D. Fla.);
WHEREAS, FDEP, Miami Beach, MBMA, and Marin have agreed to enter into the
Consent Order attached as Exhibit A to resolve FDEP's claims;
WHEREAS, as a result of the sewage spill, the Miami-Dade County Department of
Environmental Resources Management ("DERM") initiated enforcement proceedings against the
parties hereto, which proceedings have been settled;
WHEREAS, Miami Beach incurred substantial costs and expenses including legal fees,
in responding to the sewage spill, and in defending the FDEP and DERM claims;
WHEREAS, under the Marina Lease Agreement as amended, MBMA is obligated to
indemnify Miami Beach from all losses arising out of the operation of the Miami Beach Marina,
including losses arising out of the sewage spill; and
WHEREAS, all Parties hereto desire to completely resolve and settle all issues relating to
the sewage spill incident.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth
below, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
"
MlAMI 258982 v4 (2K)
-2-
1. The foregoing recitals are true and correct and are hereby incorporated by
reference.
2. Marin shall pay the City the sum of $200,000 within 20 days of the Miami Beach
City Commission's approval of this Agreement. The checkor checks shall be made payable to
"White & Case LLP Trust Account."
3. MBMA shall pay the City the sum of $60,000, which amount shall be paid as
additional monthly rent in four consecutive monthly payments of $15,000 commencing on
October 1, 2002.
4. In addition to the foregoing, Marin agrees, at its own cost and expense, to
construct a designated portion of the Artificial Reef Project near Miami Beach described in
Exhibit A to the FDEP Consent Order (hereinafter the "Marin Mitigation Project"). Within ten
(10) days following the approval of this agreement by the City of Miami Beach, Marin shall post
a performance bond or equivalent security for the benefit of the City in the amount of 110% of
the value of the Marin Mitigation Project. The security shall be in a form satisfactory to the City
Attorney. The security will be released upon the City's receipt of written notice from FDEP that
the Marin Mitigation Project has been completed in accordance with the Consent Order.
5. MBMA, RCI, and Marin agree to make the payments and perform the work
required of each of them in paragraphs l3(b) and 13( c) ofthe Consent Order. The failure by
MBMA, RCI, or Marin, or anyone of them to diligently perform under the Consent Agreement
shall constitute a material breach of this agreement.
6. Time is of the essence for this Settlement Agreement, and as to each and every
covenant, term, and condition.
MIAMI 2S8982 v4 (2K)
-3-
7. Except as expressly provided herein, this Settlement Agreement is intended to,
and does, constitute a full and complete accord and satisfaction with respect to all claims,
demands, liabilities, and obligations between the City and the parties related to the sewage spill.
This Settlement Agreement shall be binding upon the parties hereto and their respective
successors, and assigns.
8. This Settlement Agreement and the Appendices hereto constitute the entire
understanding among the parties, and there are no other representations, understandings, or
agreements among the parties with respect to the subject matter hereof. Neither this Settlement
Agreement nor its Appendices may be changed, altered, or modified except in writing signed by
the party to be bound. No breach of any covenant, agreement, warranty, or representation shall
be deemed waived unl.ess expressly waived in writing by the party who might assert such breach.
This Settlement Agreement may be executed in counterparts and shall be deemed fully
enforceable as if all parties signed a single document.
9. The parties acknowledge and agree that: (i) each party has had the benefit of the
advice of separate counsel; (ii) each party has participated fully in negotiation and preparation
hereof, and (iii) each party has carefully reviewed this Settlement Agreement and exhibits and is
entering into this Settlement Agreement freely, without duress and for valuable consideration.
Accordingly, this Settlement Agreement and its exhibits shall not be more strictly construed
against any ofthe parties.
10. The parties agree to execute and deliver, upon request, such further documents as
are reasonably necessary to effectuate the intent of his Settlement Agreement and are not
inconsistent with its provisions.
MIAMI 258982 v4 (2K)
-4-
11. This Settlement Agreement and its Appendices shall be governed by, and
construed and enforced in accordance with, the laws of the State of Florida.
12. Any of the parties hereto may enforce the terms of this Settlement Agreement in
Miami-Dade County Circuit Court. In the event of any litigation between the parties in
connection with or pursuant to this Settlement Agreement, the prevailing party shall be entitled
to reasonable attorney's fees and costs at trial and at all levels of appeal.
13. Any notices required to be given by one party to the other, according to the terms
hereof, shall be sent to:
If to MIAMI BEACH:
Mr. Gary M. Held
First Assistant City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Mr. Douglas M. Halsey
White & Case LLP
First Union Financial Center
200 South Biscayne Boulevard
Miami, Florida 33131-2352
If to MBMA and RCI:
Mr. Robert W. Christoph, President
300 Alton Road
Miami Beach, Florida 33139
With a copy to:
Mr. Carter N. McDowell
Bilzin Sumberg Dunn Price & Axelrod LLP
200 South Biscayne Boulevard
Suite 2500
Miami, Florida 33131-2310
MIAMI 258982 v4 (2K)
-5-
MIAMI 258982 v4 (2K)
If to MARIN:
Mr. Rafael Marin
Marin & Marin Construction, Inc.
1800 S.W. 27th Avenue
Miami, Florida 33145-2457
With a copy to:
Mr. Jorge L. Guerra
Rodriguez, Tramont, Guerra
& Nunez, P.A.
1401 Brickell Avenue
Suite 600
Miami, Florida 33131-3506
-6-
Efr~
Witnesses:
,it GT~.
Witnesses:
bJ~~A 3 ~
(un~~).
MIAMI BEACH MARINA
ASSOCIATES, LTD.
By: SoBe Marine, Inc.,
i Ie General Partner
MARIN AND MARIN
CONSTRUCTION, INC.
BY'~<' .
~itle:' ~~ I I..uI I
-7-
... ; . .
Attest: F MIAMI BEACH
By:~ f--- ':>fA ~
Clerk ~ K
Attest: DEVELOPMENT
.
-By: ~'E--- fl1~.
= Secretary ~ g
Approved" as to form & language &
for execution:
g ~ ~ ~tfl-/
Date:/~ -0 J-o()2-'
-8-
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
)
)
)
)
)
)
)
)
)
)
MARIN & MARIN CONSTRUCTION, INC., )
MIAMI BEACH MARINA ASSOCIATES, LTD., )
THE CITY OF MIAMI BEACH, THE MIAMI )
BEACH REDEVELOPMENT AGENCY, and
R.C.I., Inc.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
and THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND,
Petitioners,
vs.
Respondents.
CONSENT ORDER
IN THE OFFICE OF THE
SOUTHEAST DISTRICT
OGC FILE NO. 00-1867
)
)
)
)
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department"), The Board of Trustees of the Internal Improvement
Trust Fund ("Board") (collectively "Petitioners"), and Marin & Marin Construction, Inc.
("Marin"), Miami Beach Marina Associates, Ltd. ("Associates"), the City of Miami Beach and
the Miami Beach Redevelopment Agency (collectively the "City"), and R.C.I., Inc. ("RCI")
(Associates, Marin, the City, and RCI are referred to herein collectively as Respondents) to reach
settlement of certain matters at issue between and among the parties hereto.
The Department and the Board fmd and the Respondents admit the following:
1. The Department is the administrative agency of the State of Florida having the
power and duty to protect Florida's air and water resources and to administer and enforce Part IV
of Chapters 373 and 403, Florida Statutes, and the rules promulgated thereunder, Title 62,
Florida Administrative Code. The Department has jurisdiction over the matters addressed in this
Consent Order.
2. The Board is responsible for overseeing state owned lands and ensuring they are
managed in trust for the citizens of the State of Florida pursuant to Chapters 253 and 258, Florida
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Statutes, and the rules promulgated thereunder, Title 18, Florida Administrative Code. The
Department has the duty to perform all staff functions related to the administration of state lands
as provided in Section 253.002, Florida Statutes.
3. Respondents are persons within the meaning of Section 253.04 and 373.019(12),
Florida Statutes.
4. The City and Associates are the owner and lessee, respectively, of a parcel of
upland property located at the Miami Beach Marina (the "Marina"), 300 Alton Road, Miami
Beach, Florida 33419, in Section 03, Township 54 South, Range 42 East. The Marina is
authorized to be located on sovereign submerged land under an existing Sovereignty Submerged
Land Lease (No. 130765469) from the Board (the "Lease").
5. The Lease was originally executed by the City and the Board on January 21,
1986, and was recorded in Official Record Book 13020, Pages 2520 through 2526 of the Public
records of Miami-Dade County, Florida. The Board issued the Lease to the City to operate a
commercial marina.
6. In 1994, the City and the Board amended the Lease and renamed it the Modified
Sovereignty Submerged Land Lease. The modified lease is recorded in Official Record Book
16509 at Pages 3694 through 3723. The modifications involved incorporation of a new survey
and corrected legal description for the leased premises.
7. In 1996 and 1997, the City, Associates and the Board further agreed to amend the
lease to correct a scrivener's error in the legal description said corrections are recorded in
Official Record Book 17603 at Pages 2479 through 2483 and to reflect the approved, permitted
and constructed widening of the northern breakwater (File no. 132833576, Permit no.
132315546). This amendment has not yet been fully executed.
8. The Respondents assert but the Department and Board do not find that in 2000,
Associates hired Amerilift Technology Corporation, which in turn hired Marin to remove and
replace pilings in the Marina in order to install boatlifts in the Marina. Prior to initiating this
work, a permit application, complete with drawings showing the planned improvements, was
submitted to and approved by the County. Although the County owns and operates a 54" inch
sewage force main, which extends through the area covered by the permit application, it did not
notify Marin ofthe force main's location within the area.
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9. On June 20,2000, a force main was ruptured in the area that Marin was installing
a 45-foot long, 18-inch concrete piling. The rupture caused the discharge of approximately 25
million gallons of raw sewage into Biscayne Bay.
10. The Department issued an Emergency Order (OGC Case 00-1279) on June 21,
2000, which authorized the Miami-Dade Water and Sewer Department to take immediate
actions, as necessary, to repair the ruptured force main and such other actions as necessary to
alleviate the flow of raw sewage into Biscayne Bay. Pursuant to the Emergency Order, the flow
was then diverted to the reactivated ocean outfall pipeline, which discharged the raw sewage 2.5
miles offshore until the force main was repaired.
The parties have discussed the facts of this case and, having reached a resolution of the
matter, the parties agree and it is,
ORDERED:
11. For and in complete settlement of the matters addressed in this Consent Order:
(a) Within 15 days of receipt of the payments due under paragraph 13.(b), DEP shall
file a notice of dismissal of the proof of claim it filed in In re Marin & Marin Construction. Inc.,
Case No. 00-4808-CIV-KING, (S.D. Fla.)
(b) Within 30 days of the effective date of this Consent Order, Associates shall pay
the Department $29,200 in settlement of the matters addressed in this Consent Order. This
amount includes $7,000 for costs and expenses incurred by the Department in connection with
this matter. Payment shall be made by cashier's check or money order. The instrument shall be
made payable to "Department of Environmental Protection" and shall include thereon the OGC
number assigned to this Consent Order and the notation "Ecosystem Management and
Restoration Trust Fund."
(c) Within 90 days of the effective date of this Consent Order, Marin shall perform
the environmental restoration project and supply the information described in Attachment "A";
(d) Upon execution of this Consent Order, Petitioners shall proceed with the
expeditious processing of the applications for permits/authorizations listed in Exhibit "B" once
they are submitted to the Department.
(e) In the event that Associates or Marin fail to perform their obligations under this
paragraph, the City shall perform such obligations.
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12. Associates, Marin, the City, and RCI shall not conduct dredging or filling
activities on or within the submerged land which is the subject of the Lease without first
obtaining a valid Department permit or written authorization or written notification from the
Department that the activities appear to be exempt from Department permitting requirements.
Except as authorized by the Lease, no activities shall be conducted on state-owned lands below
the mean high water lines and outside the area subject to the Lease without first obtaining a
lease, easement, or other consent of use from the Department. The Respondents, Board, and
Department agree to cooperate in the review and processing of the permits/authorizations for the
activities listed in Attachment "B."
13. Respondents shall allow all authorized representatives of the Department access
to the property at reasonable times for the purpose of determining compliance with the terms of
this Consent Order and the rules and statutes of the Department.
14. Entry of this Consent Order does not relieve Respondents of the need to comply
with applicable federal, state or local laws, regulations or ordinances.
15. The terms and conditions set forth in this Consent Order may be enforced in a
court of competent jurisdiction pursuant to Sections 120.69, 253.04, 258.397 and 373.129,
Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a
violation of Section 253.04 and 373.430, Florida Statutes.
16. Respondents are fully aware that a violation of the terms of this Consent Order
may subject Respondents to judicial imposition of damages, civil penalties of up to $1 0,000 per
day per violation and administrative fines of up to $10,000 per day per violation and criminal
penalties.
17. Persons who are not parties to this Consent Order, but whose substantial interests
are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida
Statutes, to petition for an administrative hearing on it. The Petition must contain the
information set forth below and must be filed (received) at the Department's Office of General
Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21
days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to
the District Office named above at the address indicated. Failure to file a petition within the 21
days constitutes a waiver of any right such person has to an administrative hearing pursuant to
Section 120.57, Florida Statutes.
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The petition shall contain the following information:
(a) The name, address, and telephone number of each petitioner; the Department's
Consent Order identification number and the county in which the subject matter or activity is
located; (b) A statement of how and when each petitioner received notice of the Consent Order;
(c) A statement of how each petitioner's substantial interests are affected by the Consent Order;
(d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which
petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of
which rules or statutes petitioner contends require reversal or modification of the Consent Order;
(g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the
Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it
in this Notice. Persons whose substantial interests will be affected by any decision of the
Department with'regard to the subject Consent Order have the right to petition to become a party
to the proceeding. The petition must conform to the requirements specified above and be filed
(received) within 21 days of receipt of this notice in the Office of General Counsel at the above
address ofthe Department. Failure to petition within the allowed time frame constitutes a waiver
of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida
Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only
be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205,
Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a timely
petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or
may choose to pursue mediation as an alternative remedy under Section 120.573, Florida
Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect
the right to a hearing if mediation does not result in a settlement. The procedures for pursuing
mediation are set forth below.
Mediation may only take place if the Department and all the parties to the proceeding
agree that mediation is appropriate. A person may pursue mediation by reaching a mediation
agreement with all parties to the proceeding (which include the Respondents, the Department,
and any person who has filed a timely and sufficient petition for a hearing) and by showing how
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5
the substantial interests of each mediating party are affected by the Consent Order. The
agreement must be filed in (received by) the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10
days after the deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may attend the
mediation;
(b) The name, address, and telephone number of the mediator selected by the parties,
or a provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents
introduced during mediation;
(e) The date, time, and place of the first mediation session, or a deadline for holding
the first session, if no mediator has yet been chosen;
(f) The name of each party's representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating party will
be affected by the action or proposed action addressed in this notice of intent or a statement
clearly identifying the petition for hearing that each party has already filed, and incorporating it
by reference.
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to
mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes,
for requesting and holding an administrative hearing. Unless otherwise agreed by the parties,
the mediation must be concluded within sixty days of the execution of the agreement. If
mediation results in settlement of the administrative dispute, the Department must enter a final
order incorporating the agreement of the parties. Persons whose substantial interests will be
affected by such a modified final decision of the Department have a right to petition for a hearing
only in accordance with the requirements for such petitions set forth above, and must therefore
file their petitions within 21 days of receipt of this notice. If mediation terminates without
settlement of the dispute, the Department shall notify all parties in writing that the administrative
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6
hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for
disposition of the dispute, and the notice will specify the deadlines that then will apply for
challenging the agency action and electing remedies under those two statutes.
18. The Department hereby expressly reserves the right to initiate appropriate legal
action to prevent or prohibit any violations of applicable statues, or the rules promulgated
thereunder that are not specifically addressed by the terms of this Consent Order.
19. The Department, for and in consideration of the complete and timely performance
by Respondents of the obligations agreed to in this Consent Order, hereby waives its right to
seek judicial imposition of damages or civil penalties for alleged violations addressed in this
Consent Order.
20. Respondents acknowledge and waive their right to an administrative hearing
pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order.
Respondents acknowledges their right to appeal the terms of this Consent Order pursuant to
Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order.
21. No modifications of the terms of this Consent Order shall be effective until
reduced to writing and executed by both the Respondents and the Department. This Consent
Order may be executed in counterparts and shall be deemed fully enforceable as if all parties
signed a single document.
22. All submittals and payments required by this Consent Order to be submitted to the
Department shall be sent to the Florida Department of Environmental Protection, Southeast
District, 400 N. Congress Avenue, Post Office Box 15425, West Palm Beach, Florida, 33416,
Attention: Compliance and Enforcement Section, Environmental Resources Permitting.
23. In the event of a sale, conveyance or transfer of the upland leases of the property,
if all of the requirements of this Consent Order have not been fully satisfied, Respondents shall,
at least 30 days prior to the sale or conveyance of the property, (1) notify the Department of such
sale or conveyance and (2) provide a copy of this Consent Order with all attachments to the new
owner. The sale or conveyance of the property shall not relieve the Respondents of the
obligations imposed in this Consent Order.
24. This Consent Order is a settlement of the Department's civil and administrative
authority arising under Florida law to resolve the matters addressed herein. This Consent Order
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is not a settlement of any criminal liabilities that may arise under Florida law, nor is it a
settlement of any violation that may be prosecuted criminally or civilly under federal law.
25. This Consent Order is a final order of the Department pursuant to Section
120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the
Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120,
Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective
until further order of the Department.
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"
/
Witnesses:
aJ"1f;"'" 6. J';<
~~~.
Attest:
BY:~ '-S >vt~
Deputy Clerk
Dec.'''''. 1 v.2"
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MIAMI BEACH MARINA
ASSOCIATES, LTD.
By: SoBe Marine, Inc.,
i Ie General Partner
MARIN AND MARIN
CONSTRUCTION, INC.
By~j{, .
N e: Y /J
Title: ffc ~~ tI..u ./
OF MIAMI BEACH
9
"
"
..
Attest:
BY:~~S.~
Secretary
Approved as to form and
legal sufficiency:
./Uf ~~
City Attorney
Date:
g~ ')-oV
4r~ .kJoRDERED this ~Of
yII~da.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
~t<M/A~~
M lssa Meeker 8/8 () 2-
Director of District Management
cc: Larry Morgan
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10
ATTACHMENT A
South Beach Artificial ReefProiect
Marin & Marin Construction, Inc. shall place 1200 tons of rip rap boulders within the limits of
DERM's South Beach Artificial Reef Project consistent with the ACOE and DEP permits and
approvals attached hereto.
In addition, the Respondents shall provide the following information at least 30 days before
placement of the rip rap:
1. A detailed map with the proposed area of work identified within the permitted site.
The permit number should be written on the drawing.
2. A description of the project giving details to ensure that the project conforms with
the permit.
3. A description of construction methodology, including an explanation of the manner in
which the rip rap will be placed, its location, and its elevation.
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ATTACHMENT B
1. The installation of boat lifts in the marina.
2. The installation offender piles off the northern breakwater.
3. The installation of concrete slabs or other mutually acceptable protection over the 54"
inch forcemain.
4. Amendments to the Sovereignty Submerged Lands Lease.
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-12-
OFFICE OF THE CITY ATTORNEY
MURRAY H. DUBBIN
City Attorney
~ tlV/Umni 11M
f LOR I D A
-
Telephone:
Telecopy:
(305) 673-7470
(305) '73-7001
COMMISSION MEMORANDUM NO. ~
SUBJECf:
Mayor Neisen Kasdin DATE: June 27, 2001
Members ottbe City Commission
Jorge M. Gonzalez, City Manager " 0 ..f V
Murray H. Dubbin, City Attorney #\ ~-
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH APPROVING THE SETTLEMENT
AGREEMENT WITH MIAMI-DADE COUNTY FOR THE MIAMI
BEACH MARINA SEWAGE SPILL AND AUTHORIZING THE
MAYOR, CITY CLERK AND ANY OTHER NECESSARY CITY
PERSONNEL TO EXECUTE THE SETTLEMENT AGREEMENT
AND ALL OTHER DOCUMENTS AS MAY BE NECESSARY TO
CARRY OUT THE INTENT OF TmS RESOLUTION.
TO:
FROM:
RECOMMENDATION
The City Attorney recommends that the Mayor and City Commission adopt the
accompanying resolution approving execution of the subject Settlement Agreement with
Miami-Dade County.
ANALYSIS
Following the sewage spill at the Miami Beach Marina on or about June 20, 2000, the
City of Miami Beach and other governmental regulatory agencies, including Miami-Dade
County Department of Environmental Resources Management (DERM) and Florida
Department of Environmental Protection (DEP), have undertaken investigations to
AGENDA ITEM }27 F
DATE ~.w}.Q'
1700 Convention Center Drive - Fourth Moor - Miami Beach, Florida 33139
Commiaion Memorandum
June 27, 2001
Page 2 of3
determine the causes of the spill, to recover costs these agencies and/or their governments
incurred in connection with the spill. and to direct corrective action to prevent the
incident from recurring.
The attached settlement agreement reflects Miami-Dade County DERM's review and
assessment of the spill and the settlement of all possible issues with respect to the claims
of Miami-Dade County and DERM. While the City is a party to this agreement as lessee
of the submerged bay bottom of the Miami Beach Marina, obligations of the City under
this agreement are solely in connection with the payments to be made by insurance
companies on behalf of third parties under whose policies the City is named as an
additional insured. No liability for payment, or for any action related to the spill, is
admitted or imposed, express or implied, on behalf of the City, in this agreement.
In sum, the Agreement provides as follows:
1. The Parties to the Agreement are Miami-Dade County, Miami Beach Marina
Associates. Ltd. ("MBMA"), RCl Marine. Inc., City of Miami Beach, Marin and Marin
Construction, Inc., Henry Joseph Deluca, Commercial Union Insurance Company,
Reliance Insurance Company, New York Marine and General Insurance Company, and
American Equity Insurance Company (all parties are collectively identified in the
Agreement as "Parties" except the County).
2. In the recitals on page one, the Agreement sets out the history of the sewage
spill.
3. Paragraph 1, beginning at page 2. provides for payment to the County of $2.5
million dollars, by the insurance companies on behalf of the Parties, and Paragraph 2
provides for such payment within 30 days of the effective date of the Agreement.
4. Paragraph 3 prevents Marin from performing any County work for two years,
commencing December 1, 2000.
5. Paragraph 4 directs MBMA to pursue an easement for the County for its 54~
inch sewage force main inside the Miami Beach Marina, and provides for consent by the
County for future use, modification or construction of the marina facilities within the
easement area. Paragraph 4 also includes a waiver by MBMA for compensation for the
easement. and provides for "locating" the main, and placing of concrete slabs over the
main to protect it.
OFFICE OF THE CITY ATTORNEY .1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 331311
Commission Memorandum
June27,2001
Page 3 of3
6. Paragraphs 5 and 6 provide for releases by the County to the Parties, and by the
Parties to the County.
7. Paragraph 7 reserves the rights of the Parties to execute releases among them,
but confinns that this Agreement shall not be construed as such a release.
8. Paragraphs 8, 9, 11 and 12 are standard contract clauses.
9. Paragraph 10 provides that nothing in the Agreement constitutes an admission
of liability or wrongdoing or coverage of any kind by or between the Parties or by the
County.
We expect to bring future resolutions to the Commission for its consideration of (1) a
settlement agreement reflecting DEP's resolution of its investigation into this matter, and
(2) a settlement agreement to collect the City's costs from this matter.
Based on the foregoing, the City Attorney recommends that the Mayor and City
Commission adopt the accompanying resolution approving the Agreement and
authorizing its execution.
cc: Douglas M. Halsey, Esq., White & Case
MHD:RD:LAL:cI;-
F:\A TIO\SALL\SHEILA\RBSO-oRD.CM\MBMaringSew-Spill.CM.rev .doc
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH. FLORIDA 33138
r-j'
'.
"
rJ()DI-t IfY'f; (L7F o/?'?)
'c. .: ," .. "',' SETTLEMENT AGREEMENT
BETWEEN
, 0 I AUG - 3 M: II: -~ 2 MIAMI-DADE COUNTY
AND
CIll' All Ul\NMLUlfiFftACH MARINA ASSOCIATESt LTD.
AND
. RCI MARINE, INC.
. AND
CITY OF MIAMI BEACH
. ~
MARIN AND MARlN CONSTRUCTION,INC.
AND
HENRY JOSEPH DELUCA
AND
COMMERCIAL UNION INSURANCE COMPANY
AND
RELIANCE INSURANCE COMPANY
. AND
NEW YORK MARINE AND GENERAL INSURANCE COMPANY
AND
AMERICAN EQUITY INSURANCE COMPANY
Thi~ Settlement Agreement is entered into on this 02 q+J. day of::.r tJ ,,~.
:u.t:S '-:1~ \ /:)
~-I,,-ol
~- 712--01
and between Miami-Dade County ("the County"), the Miami Beach Marina Associates, Ltd. ("MBMA"),
,2001,by
RCI Marine, Inc., the City of Miami Beach ("Miami Beach"), Marin and Marin Construction, Inc. ("Marin"),
Henry Joseph DeLuca ("De Luca"), Commercial Union Insurance Company ("Commercial Union"), Reliance
Insurance Company ,'Reliance"), New York Marine and General Insurance Company (''New York Marine"),
and American Equity Insurance Company (" ~erican Equity"). When used herein thr- term "the Parties"
refers to all of the above entities but excludes the County.
WHEREAS, the County owns and operates a 54-inch sewage force main ("!he main") thatJUl\S ftOm
the far southern portion of Miami Beach, across Government Cut, to Miami-Dade Water and Sewer
Department's ("W ASD's") Central District Wastewater Treatment Plant; and
Cp
'.
WHEREAS, an average of twenty-five million gallons of sewage passes through the main each day
and there is no active alternative means of disposing of the sewage generated by Miami Beach other than
sending such se.....age through the main to the Central District Wastewater Treatment Plant; and
WHEREAS, the main rons under a portion of the Miami Beach Marina owned by the City of Miami
Beach and used by MBMA to moor boats and over which MBMA h~ constnJcted fmger piers and has
installed boatlifts; and
WHEREAS, Marin was retained to install further boat lifts at the Miami Beach Marina, such
installation involving the driving of concrete pilings il)to the bay bottom; and
WHEREAS, during the course of such pile driving, Marin drove a pile into the main, rupturing itmd
causing the release of raw sewage into Government Cut and surrounding waters; and
WHEREAS, the County incurred substantial costs due to the ruptured main; and
WHEREAS, all Parties hereto desire to completely resolve and settle all issues which were orcould
have been raised on all damages or costs of aily nature incurred, including both direct and indirect costs
incurred by the County, its contractors, agents, or consultants, any claim the County may have to enforce
penalties against the Parties pursuant to any provision of the Miami-Dade County Code or other applicable
law arising out of the ruptured main, and any claim the Parties may have against the County arising out of the
ruptured main.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth below, and
other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the
Parties agree as follows:
1. MBMA, RCI, City of Miami Beach, Marin, and DeLuca, by and through their
respective insurers, shall pay to the CountY the sum of$2.5 million dollars to be paid as follows:
Commercial Union (on behalf of
MBMA, RCI and City of Miami Beach)
SI,Ooo,ooO.OO
20f9
1
"
Reliance (on behalf of MBMA, RCI,
and City of Miami Beach)
$ 500,000.00
New York Marine (on beh8.1f of
Marin)
$ 800,000.00
American Equity (on behalf of
De Luca)
$ 200,000.00
2. The payment contemplated in Paragraph I herein shall be made no later than 30 days
of the effective date of this agreement. It is understanding of the County and the Parties that
$350,000.00 of the above sum shall be deposited into the County's Biscayne Bay Environmental
Enhancement Trust Fund}'
3. Marin shall not perform work on any County contract, either as a prime or a sub-
contractor at any tier, for a period of two years, saidperiod to retroactively commence onDeeember
1,2000.
4: (a) To the extent permissible under the modified Submerged Land Lease No.
130765469 and the Marina Lease (as amended) between the MBMA and Miami Beach, MBMA
shall consent to or convey a 25 foot wide easement to the County, as necessary and at no cost to the
County, in a fonn acceptable to the County over those areas under which the main runs. To the
extent that the consent or conveyance of the easement requires the involvement of Miami Beach
and/or the State ofFlorlda, MBMAwill assist the County in seeking sa; . conveyance or consent
from Miami Beach and/or the State of Florida. MBMA shall be allowed to make use of, modify, or
construct boat slips, boatlifts, pilings, fuiger piers, or other facilities which lie inside any existing or
future easement held by the County to the extent that the County expressly consents to such use,
modification, or construction. No consent shall be given except in writing from the Director of the
30f9
<?
".
"
Miami-Dade Water and Sewer Department or his designee; said consent shall not be unreasonably
withheld and shall be either approved, denied or modified within 14 days of receipt of a written
request for such consent. Any denial of consent shall set forth the reasons for denial in writing and
shall to the extent possible set forth the modifications under which consent wOUld be granted.
MBMA shall remain responsible for procuring appropriate permits for any such modification, use or
co~truction and consent given under this clause shall not waive or modify any applicable County or
other permitting requirements. MBMA shall permit the County to observe such modification or
construction at the County's discretion and shall provide the County not less than fony-eight (48) hours
notice prior to the commencement of construction.
(b) MBMA waives any legal right to compensation or other relief for the grant of such
easement to the County and also waives any legal right to compensation or other relief as may lrise out of the
County's reasonable withholding of or grant of consent to use of the marina structures as detailed in
Paragraph 4(a) herein.
(c) The County, at its sole expense, shall use reasonable efforts to locate the position of the
main as it p~sses under the Miami Beach Marina. MBMA shall provide assistance to the County insofar as
such assistance is limited to pennitling the County to make use of areas inside the Marina, moving boats or
othe'l' vessels as needed, and curtlliling activities inside the Marina which may disNptthe process of location,
such assistance to be made at MBMA's sole expense.
(d) MBMA shall place concrete slabs or other mutually acceptecI protection in the areas
where mooring slips exist or are to be created, on the bay bottom over the top of the main, as located by the
County, of sufficient width as to cover the diameter of the main plus five feet on either side of the main and
. of sufficient thickness to prevent a pile being driven thTougb the main. Such slabs or otherprotectbn shall be
. .
placed within 120 days of the' County providing the MBMA with a reasonably accurate location of the pipe
40f9
~
!
"
and the issuance of any required permits for said installation. MBMA agrees to diligently pursue required
permiu as soon as the locational information is provided by the County.
5. The County completely releases and forever discharges the Paities, together with their
past, present and future officers, directors, stockholders, attomeys, agents, servants, representatives,
employees, subsidiaries, affiliates, partners, predecessors and successors in interest and any and all
other persons, .firms or corporations with whom any of the former have been, are now, or may
hereafter be affiliated, of and from any and all past, pr~ent or future liability, in law or equity,
claims, 'demands, obligations, actions, and/or causes of action whether based on a tort, contract,
equitable subrogation, indemnification and/or fraud or other theory of recovery. and whether for'
compensatory or punitive damages which the County and/or their beneficiaries may now have, or
which may hereafter accrue or otherwise be acquired, on account of or in any way growing out of a
claim arising out of the rupture of the County's 54-inch sewer force main which took place on or
about JUne 20, 2000, as a result of work being performed in and around the Miami Beach Marina.
This Settlement Agreement and Release, on part of the County, shall be fully binding and a complete
settlement between the County and the Parties herein.
The County and the ?arties hereby acknowledge and agree that the Release set forth herein is
a General Release and further expressly waive and assume the risk of any and all claims for damages
that exist as of this date but that the County or Parties do not l(now or suspect to exist, whether
through ignorance, oversight, error, negligence or otherwise and which, ifknown, would materially
affect their decision to enter into this Settlement Agreement and Release. The County further agrees
that it has accepted payment of the sum specified in Paragraph 1 herem as a complete compromise
SoU
(0
/'
'.
and satisfaction of any disputed issues oflaw and fact, and fully assumes the risk that facts or laws
may be otherwise than it believes.
6. The Parties completely release and forever discharge the County, together with its
past. present and future officers, directors, stockholders, attorney's agents, servants, representatives,
employees, subsidiaries, affiliates, partners, predecessors and successors in interest, or and from any
and all past. present or future liability, in law or equity, claims, demands, obligations, actions, and/or
causes of action whether based on a tort, contract, equitable subrogation, indemnification and/or
fraud or other theory ofrecovery, and whether for compensatory or punitive damages which the
Parties and/or their beneficiaries may now have, or which may hereafter accrue or otherwise be
acquired, on account of or in any way growing out of a claim arising of the rupture of the. County's
54-inch sewer force main on or about June 20, 2()()(j, as a result of work being performed in and .
around the Miami Beach Marina. This Settlement Agreement and Release, on the part of the Parties,
shall be fully binding and a complete settlement between the County and the Parties herein.
The COunty and the Parties hereby acknowledge and agree that the Release set forth herein is
a General Release and further expressly waive and assume the risk of any and all claims for damages
which exist as of this date but that the County or Parties do not know of or suspect to exist, whether
through ignorance, oversight, error, negligence or otherwise and which if known would materially
affect their decision to enter in this Settlement Agreement and Release. The Parties further agree
that they have accepted the County's release as recited herein, their obligation to pay the amounts
specified in Paragraph I, and the other obligations described herein as a Complete compromise and .
satisfaction of any disputed issues oflaw and fact, and fully assume the risk that facts or laws may be
otherwise than they believe.
6of!l
((
7. The Parties may elect to execute special releases between or among
themselves; however, nothing herein shall be construed as a release between or among
the Parties.
8. This agreement is complete and contains the full understanding of the
Parties and the County. This agreement may not be modified without the express written
consent of the Parties and the County. This agreement supersedes all other terms,
provisions, or specifications of any prior documentation or agreement as may. exist
between the Parties or the County.
9. This agreement is subject to approval of the Miami-Dade County Board of
County Commissioners. .
10. Nothing contained herein constitutes an admission of liability or
wrongdoing or coverage of any kind by or between the Parties or by the County.
11. This agreement shall be interpreted according to Florida law.
12. .' This Agreement may be executed in multiple counterparts, each of which shall
be deemed to be an original.
t'2.
"
Witnesses:
Attest:
By:
City Clerk
Approved as to fonn and
Legal sufficiency:
City Attorney
Witnesses:
Witnesses:
By:
Print
Title:
RCI
CITY OF MI'AMI BEACH
By Its Mayor
By:
Print Name:
Title:
MARIN AND MARIN CONSTRUCTION, INC.
By:
Print Name:
Title:
COMMERCIAL UNION INSURANCE COMPANY
(on behalf of Miami Beach Marina Assoc., Ltd. RCI Marine, Inc.,
and The City of Miami Beach)
By:
Print Name:
Title:
SoU
'.
Witno:sses:
Witnesses:
A nest:
By: ~t i(M~
City Clerk
APPROVED M TO
FORM & I..ANOUM)E
& FOR EXECUTION
~
"...~o ,
Witnesses:
Witnesses;
,.
MLUU BEACH i\URC'iA ASSOCIATES. L TO.
By: Sobe M:1rine, Inc., its SQle General Partner
By:
Print Name:
Title:
Robert W. Christoph
President
RCI l\ol.\RIl"iE, INC.
By:
Print Name:
Title:
Robert W. Christoph
President
CITY OF ML\;."U BEACH
::'U Ma~ rl!/If
Print Name:..Nc;i~E1..L o. K AS ';(1.(
Title: MA'IOll.
MARIN AND MARIN CONSTRUcnON, JNC.
By:
Print Name:
Title:
COMMERCIAL UNION JNSURANCE COMPANY
(on behalf oCMiami Beach Marina Assoc., Ltd. RCI Mirine, tnc.,
and The City of Miami Beach)
By:
Print Name:
Title:
. of9
Witnesses:
Witncsse$:
A nest:
By'
Ci~ Clerk
Ajltlfoved as \J fOflT. and
Leaal S\I!tlc::enc~:
City A t\orne~'
MlAMl BEACH :\'1ARJ}/A ASSOCIATES; LTD.
By' Sobe Marine, Inc., its Sote OClI1era.1 Panner
By:
Print Nume:
Title:
Rob~rt W. Christoph
P:'CSident
Rei MARJ]\l"I, ~C.
By:
Print Name:
riUe:
Robert W. Christoph
PresiCent
CITY OF MIAMI BEACH
By Its Mayor
'By:
Print ~.:r.e:
Ti~le:
...
J\oL\RlN M"D MARIS COl"STRUcnON, INC.
e. ~:/il~~jir"
COMMERCIAL lINION ~SlJ1tl..l'\cr CO~ANY
(on bdla!f crMiami Beach Marina AS$Oe" Ltd. Rei Marille,be.,
and The City of Miami Beach)
By.
Prim Name:
Title:
8 ef9
..I.
I
,
W'itD..ses:
i
;
,.
;
Wi1DeaseI:
AtleIt:
By:
City Clerk.
A~ uta torm and
L9I suf6cieIlcy:
City AttiorDey
Witnesses;
Witnesses:
f!! 7';i:. ,..,IL
~ .,-.4
",... .
MIAMI BEACH MARINA. A.BSOCL\TE8, L'J'D,
By: Sob6 Marirle, l11e., its Solo General Partner
By:
Prlntlilame: B.obert VI. Chrlatoph
Title: PresideDt
R.CI MABINE..INC.
By:
Prill.tNlIlllo: . Robmt W. Christoph
Title: 1>rosidont
CITY OF MIAMlBUCH
By 1m Mayot
By:
Print NlIJlIe:
Title:
MAllIN.AM) MARIN CONSTRUCTION, INC.
By:
PriD.tNeme:
TdIe:
COMMERCIAL tlNIONINS~ COMPANY .
(on bebalfofMlamiBeach MwInaAsloc., Ud.ItCIMmnD, Ine;..
~~?F-
By: ?1
........... ~1t. --)r~/'7
TiUc: A"""~
8 Df9
JUN; -0.5' OIIT~E) 17: 5l BILZIN, ~lIMBERG. EUL
j..
r
~LlANCE INSURANCE COMPANY
on behalf of Miami' Beach Marina Assoc.., Ltd.. ReI MlLt'ine, Ine.
\ . and TheC~llY of' each)
O!l~ By: ~
,. .\ -
Ptint Name: Jt.,. c;. . bI-.a --~
Title: ~\AI ~ ~'fll"'&.I
Witnesses:
Wilnesses:
Attest:
Harvey Ruvin, Clerk
By:
Deputy Cieri:.
AJlproved as to form allcl
Legal sufficiency:
Assistant COl1nty Atlorney
Jl.N-0S-:2001 17:54
P. 01 I
NEW YORl< MARINE AND GENERAl. lJIlStIRANCE
COMPANY
(on bebalt of Marin and Marin CoI\$1.tUJ:l.i04l"rWc.).",.". H"" '''A'''' ,",v'",,,, '.'
By:
Print l'\ame:
Tille:
AMERICAN EQUITY INSURANCE COMPANY
(on behalf ot'Hellry Joseph DeLuca)
By:
Print Name:
Title:
MIAMI-DADE CO'{;NTY
By Its Board of County Commissioners
By:
County Manager
9of9
94Y.
P.ll
. 06/19/2001
09:46
-
06'08/01 0&;47 PAX
Wltnessos;
-,
Wif.!1esSi!ls:
.
~/~
~
Witnesses:
Attest:
Harvey ltuvin, Clerk
By:
Deputy Cleric
AJlPloved 11$ to fozm and
:t.epllllffioionc;y:
Assistant ~ AU()m&y
-
NO.3S2 [;l10
IaI 011/011 .
DLUNCE JNSt1JlANCE COMPANY
(on behalf' ofMiaml'8etehMariu Assoc., Ltd.. R.CI Marille, !':Dc.
and The City otMiami Beach)
By:
PrintN.mCl:
Title:
NEW YORK MArattt AJ'lIJ) GENERAL IN5tIB.ANCE
COMPANY
(on beh'U'ClfMarin and M8rin CoI1l1n1~an. IDc.)
Y>J.. ~
By.
Print NlIIIIll: PAUL SMITH
Title: Loss .secretary, MI11'UAL MARINE OPFICE, MANAGERS
AMERICAN EQtJ1TY:J:NS1JlUNCE COMPANY
(on behalf ()fHcmy JllSDph Pet,.IlU)
By:
Print Name::
Title:
MlAMl-DADE CODNTY
By Its Board ofCouzrty CotnnIiJIionen
By:
CO\Qll:y Manager
90ft
:,....,.. ..:.....
W:80 to, rR/LO 3..JI.L >QI
'-
'-
: I\OIlW01
Wltn"'C$:
WiUlC'ses:
WiUle"..:
~~:
Attll\;
~ty &\1\111'\, Clerk
'By:
Doputy !=lerk
APl'l'lW.d u tel fonn A1111
t.elal.ufflCliClDey:
Anlsant Co\l.1'lty AUOl'llD)'
G'd
BUJ.NCE JNStJMNC2 CQMlIANY
<on bebal!ofMif,mtBolch Marini Assoc.., L~"llCI Marine, Inc.
and The Clt)' otM'1IIU1 Boa;b)
'By:
Print NlIQ\l;
'!'It'le:
NEW YORK MAJWIE AND GENJCRA.lo JNStJ:ltA,llrct
COMPANY
COlI ~.\f of Marin lad MIIrin CoI\ItN~on. Jw:,)
By:
Prim Nama:
r&1e:
AlG'RtCAN IQ'ClTY DlSDUNCE COMPAm(
(emllellllf llf'FIatll)l Jo.-ph Del..ua)
By: ("~~ ~$-
__. ~AL -=~
Title: <<~o/?'
r.t:r4MJ.'P~ COVNTY
B~ Iu130ard of Caun~y Cornml.ssloll'l'5
By:
COllnl.'y MInaslit'
Wl:U2=n 10, 02 -nr
Witnesses:
RELIANCE INSURANCE COMPANY
(on behalf of Miami Beach Marina Assoc., Ltd., RCI Marine, Inc.
and The City of Miami Beach)
By:
Print Name:
Title:
Witnesses:
NEW YORK MARINE AND GENERAL INSURANCE
COMPANY
(on behalf of Marin and Marin Construction, Inc.)
By:
Print Name:
Title:
Witnesses:
AMERICAN EQUITY INSURANCE COMPANY
(on behalf of Henry Joseph DeLuca)
By:
Print Name:
Title:
Attest:
Harvey Ruvin, Clerk
MIAMI-DADE CO
By Its Board unty
B' ~
~rk
By:
9of9
I~
RESOLUTION NO. 2001-24497
RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH APPROVING THE
SE'ITLEMENT AGREEMENT WITH MIAMI-DADE
COUNTY FOR THE MIAMI BEACH MARINA SEWAGE
SPILL AND AUTHORIZING THE MAYOR, CITY CLERK
AND ANY OTHER NECESSARY CITY PERSONNEL TO
EXECUTE THE SETTLEMENT AGREEMENT AND ALL
OTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY
OUT THE INTENT OF THIS RESOLUTION.
WHEREAS, following the sewage spill at the Miami Beach Marina on or about
June 20, 2000, the City of Miami Beach and other governmental regulatory agencies,
including Miami-Dade County Department of Environmental Resources Management
(DERM) and Florida Department of Environmental Protection (DEP), have undertaken
investigations to determine the causes of the spill, to recover costs these agencies and/or
their governments incurred in connection with the spill, and to direct corrective action to
prevent the incident from recurring; and
WHEREAS, the attached settlement agreement reflects Miami-Dade County
DERM's review and assessment of the spill and the settlement of all possible issues with
respect to the claims of Miami-Dade County and DERM; and
WHEREAS, while the City is a party to this agreement as lessee of the
submerged bay bottom of the Miami Beach Marina, obligations of the City under this
agreement are solely in connection with the payments to be made by insurance companies
on behalf of third parties under whose policies the City is named as an additional insured;
and
WHEREAS, no liability for payment, or for any action related to the spill, is
admitted or imposed, express or implied, on behalf of the City, in this agreement; and
WHEREAS, the City Attorney expects to bring future resolutions to the
Commission for its consideration of (1) a settlement agreement reflecting DEP's resolution
of its investigation into the sewage spill, and (2) a settlement agreement to collect the
City's costs from the sewage spill; and
WHEREAS, based on the foregoing, the City Attorney recommends that the
Mayor and City Commission adopt this resolution approving the Agreement and
authorizing its execution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Settlement
Agreement with Miami-Dade County, for the Miami Beach Marina sewage spill, attached
to this Resolution is hereby approved and the Mayor, City Clerk and any other necessary
City personnel are hereby authorized to execute the Settlement Agreement and all other
documents as may be necessary to carry out the intent of this Resolution.
PASSED and ADOPTED this 27th day of June
~A
,2001.
MAYOR
ATTEST:
~tP~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
.
~
City Attorney
'~/5'...(jJ
Date
F:\AllO\SaIl\Sheila\Rcso-ord.cm\MBMarlnaScwaaeSplll.Ites
2
~Cl)d- 7-'19 d.J
-
,
Request for Form Approval
TO: Murray Dubbin, City Attorney
THROUGH: Gary M. Held, First Asst. City Attorney
Date of Request g-... "}.. J. ,.01-
Person making request for form approvai:
Name 6. ~
Department L~
Phone Number C" ~ "1 "2--
Date of Hearing for which form approval is needed
tI1~rY- fYv~~
frtv~/j
~ 7:/ .,- ;z,"b;4-
Board to which form being approved will be sent
Date person submitting document needs it back
-tfs frIO
Explanation:
7}tAj
rd.e,.A.~
/J ~
~~
dA-c- M ~
#
~
~~
cs~
~~
)
~~.",r;;; ~~
(S-eJz. ~'>hW-
I hereby approve the attached document for approval as
to "form, language and execution" by the City Attorney:
Ass!. City Atty Approval: ~
Date: 5- ,.. ,... ].. - D "2-
GENERAL RELEASE
K NOW All MEN BY THE S E PRE S E N T S:
THAT, THE CITY OF MIAMI BEACH, and THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY, their commissioners, mayor, directors, officers, employees, agents,
attomeys, successors and assigns, collectively referred to herein as "first party," for and in consideration
of the sum of TWO HUNDRED THOUSAND AND NO/100 (200,000.00) DOLLARS and other valuable
consideration paid to the City of Miami Beach from or on behalf of MARIN & MARIN CONSTRUCTION,
INC., MUTUAL MARINE OFFICE and NEW YORK MARINE AND GENERAL INSURANCE COMPANY,
their respective directors, officers, employees, agents, attomeys, insurers, re-insurers, successors and
assigns, collectively referred to herein as "second party," the payment of which thereof is hereby
acknowledged,
HEREBY remises, releases, acquits, satisfies, and forever discharges the said second
party, of and from any and all manner of action and actions, cause and causes of action, suits,
debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, attorneys' fees, costs, controversies, agreements, promises, variances, trespasses,
damages, judgments, court costs, executions, claims and demands whatsoever, in law,
admiralty, or in equity, which said first party ever had, now has, or which any attorney, agent,
successor, assignee or devisee of said first party, now or hereafter can, shall or may have,
against said second party, in anyway arising from or related to the sewer main break at Miami
Beach Marina on June 20, 2000 (hereinafter the Accident).
IN ADDITION to the foregoing, and without limiting the scope thereof, it is specifically
understood that this Release includes and discharges all claims of any type whatsoever
which were or might have been asserted concerning any and all policies of insurance issued
or written by second party and/or litigation arising from or related to claims asserted as a
GENERAL RELEASE
Page 1 of 4
result of or concerning the Accident, including but not limited to claims on or about policy
number MMO-20061 ML500 (hereinafter the policy), or any aspect of how those claims have
been or may be handled by second party.
FURTHER, first party agrees and acknowledges that this is the settlement of a disputed
claim and that it does not constitute an admission of liability by second party.
FURTHER, first party represents and warrants that it has discussed the terms and
conditions of this Release with its attorney and that first party understands the full terms and
conditions of this Release.
FURTHER, first party represents, warrants, and acknowledges that this Release is
executed by a duly authorized representative of first party, and it is the binding act and deed of
the first party.
FURTHER, that first party hereby agrees and acknowledges that the first party releases
and is not entitled to any legal fees, costs, or other charges or expenses from second party.
FURTHER, the first party specifically represents, warrants and undertakes that it is the
party entitled to make the claim or claims it has asserted concerning the Accident, and that it
has not assigned and will not assign its claim against the second party to any third party.
FURTHER, this Release discharges and completes the second party's obligation to
defend the first party concerning any and all claims, losses arising from or related to the
Accident, including in the limitation proceeding filed in the United States District Court of the
Southern District of Florida bearing case number 00-4808-CIV-King and being styled as "In the
matter of Marin & Marin Construction, Inc., motor vessel GREG, and the barge RG-4 for
exoneration from or limitation of liability", if any.
GENERAL RELEASE
Page 2 of 4
stated below,
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the dates
>"t,
1. .;,~ ,-',1.,
r \;-, " ~.. .', " .
".-....1 ..... e,' .:."
: '-y/' J :~J
. ':"/.-'.: ,--
/' :
. (7 .
- 1>._1 .
. ~ .. ,,~"'.. ,~.
(seal)//
Date: A f). iJfA4 T' 2.2.., ').00)....
ATTEST:
~.p~
CITY CLERK
STATE OF FLORIDA
)
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING RELEASE was acknowledged before me this / ;p~e...day of
~ ,2002, by ~ ~ who i~rsonallY kn~.me..
Qr has praduGed as iOAntification afld '191.0 did/did not take-an
GattT, and who attests to be the duly authorized representative of THE CITY OF MIAMI BEACH.
,~OO&
My Commission Expires:
Commission number:
OFFICIAL NOTARY SEAL
ICERRY HERNANDEZ
Y PUBUC STATE OF FLORIDA
COMMISSION NO. CC832806
MY COMMISSION EXP. MAY 3,2OlX4
GENERAL RELEASE
Page 3 of 4
THE CITY F M MI BEACH REDEVELOPMENT AGENCY
By:
Print
Title:
(seal)
Date:
~ 'uP' 2 ')... 1.a:)d-..
SECRETARY TO THE RDA
.,,"'... \. 0 t;~~')":,.
,. \ \.." ,II. ~ . .~ ~
/ ~>..."'t ,1,..' /" "
r~:}.'" ~.~~.,~~~~
:: ~ ;,-:::>, .; n ?-
-~ e,;. ...(.....0. . .... ""''' f:
~.,,/...j. 'r/~~":-" <. (",/'
'r <. ' r" \. \ ,..., '.
r;I"5r Jf :_~.i~' ~. ~ ~.\ ".;,,,:," ,/".-,-
ATTEST:
JDAM6 p~
STATE OF FLORIDA
)
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING RELEASE was acknowledged before me this ;' J~ay of
~ ,2002, by j)~ ~~ who ~nallY k~
or ttas produood - as identifiootion and who did/did not tal(e an
oath, and who attests to be the duly authorized representative of, THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY.
ota ublic State 0
My ommission Expires:
Commission number:
OFFICIAL NOTARY SEAL
KERRY HERNANDFZ
NOI'ARY PUBUC sr ATE OF FLORIDA
COMMISSION NO. CC832806
MMISSION EXP. MAY 3,2003
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC N
[5/2 ~2-
Date
F:\A TTO\HELG\L1TIGA TI\SewageBreak\Release.DOC
GENERAL RELEASE
Page 4 of 4
GENERAL RELEASE
K NOW ALL MEN B Y THE S E PRE S E N T S:
THAT, THE CITY OF MIAMI BEACH, and THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY, their commissioners, mayor, directors, officers, employees, agents,
attorneys, successors and assigns, collectively referred to herein as "first party," for and in consideration
of the sum of rvvo HUNDRED THOUSAND AND NO/100 (200,000.00) DOLLARS and other valuable
consideration paid to the City of Miami Beach from or on behalf of MARIN & MARIN CONSTRUCTION,
INC., MUTUAL MARINE OFFICE and NEW YORK MARINE AND GENERAL INSURANCE COMPANY,
their respective directors, officers, employees, agents, attorneys, insurers, re-insurers, successors and
assigns, collectively referred to herein as "second party," the payment of which thereof is hereby
acknowledged,
HEREBY remise.s, releases, acquits, satisfies, and forever discharges the said second
party, of and from any and all manner of action and actions, cause and causes of action, suits,
debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, attomeys' fees, costs, controversies, agreements, promises, variances, trespasses,
damages, judgments, court costs, executions, claims and demands whatsoever, in law,
admiralty, or in equity, which said first party ever had, now has, or which any attorney, agent,
successor, assignee or devisee of said first party, now or hereafter can, shall or may have,
against said second party, in anyway arising from or related to the sewer main break at Miami
Beach Marina on June 20, 2000 (hereinafter the Accident).
IN ADDITION to the foregoing, and without limiting the scope thereof, it is specifically
understood that this Release includes and discharges all claims of any type whatsoever
which were or might have been asserted concerning any and all policies of insurance issued
or written by second party and/or litigation arising from or related to claims asserted as a
GENERAL RELEASE
Page 1 of 4
result of or concerning the Accident, including but not limited to claims on or about policy
number MMO-20061 ML500 (hereinafter the policy), or any aspect of how those claims have
been or may be handled by second party.
FURTHER, first party agrees and acknowledges that this is the settlement of a disputed
ctaim and that it does not constitute an admission of liability by second party.
FURTHER, first party represents and warrants that it has discussed the terms and
conditions of this Release with its attorney and that first party understands the full terms and
conditions of this Release.
FURTHER, first party represents, warrants, and acknowledges that this Release is
executed by a duly authorized representative of first party, and it is the binding act and deed of
the first party.
FURTHER, that first party hereby agrees and acknowledges that the first party releases
and is not entitled to any legal fees, costs, or other charges or expenses from second party.
FURTHER, the first party specifically represents, warrants and undertakes that it is the
party entitled to make the claim or claims it has asserted concerning the Accident, and that it
has not assigned and will not assign its claim against the second party to any third party.
FURTHER, this Release discharges and completes the second party's obligation to
defend the first party conceming any and all claims, losses arising from or related to the
Accident, including in the limitation proceeding filed in the United States District Court of the
Southern District of Florida bearing case number 00-4808-CIV-King and being styled as "In the
matter of Marin & Marin Construction, Inc., motor vessel GREG, and the barge RG-4 for
exoneration from or limitation of liability", if any.
GENERAL RELEASE
Page 2 of 4
IN WITNESS WHEREOF, we have hereunto set our hands and seals on the dates
stated below.
THE CITY OF MIAMI BEACH,
(seal)
Date:
By:
Print Name: ])A-V( 0 D E~1l1 elL..
Title: ~ 0 tl.....
ATTEST:
J21twd'~
CITY CLERK
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING RELEASE was acknowledged before me thiS day of
, 2002, by who is personally known to me
or has produced as identification and who did/did not take an
oath, and who attests to be the duly authorized representative of THE CITY OF MIAMI BEACH.
--,
Notary Public State of Florida
My Commission Expires:
Commission number:
GENERAL RELEASE
Page 3 of 4
MIAMI BEACH REDEVELOPMENT AGENCY
(seal)
Date:
elL .
ATTEST:
~;r f~
SECRETARY TO THE RDA
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING RELEASE was acknowledged before me this . day of
, 2002, by who is personally known to me
or has produced as identification and who did/did not take an
oath, and who attests to be the duly authorized representative of, THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY.
Notary Public State of Florida
My Commission Expires:
Commission number:
APPROVED AS TO
FORM & LANGUAGE
R EX iTlON
cjz Jov
Date
F:\A TTO\HELG\L1TIGA TI\SewageBreak\Release.DOC
GENERAL RELEASE
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GENERAL RELEASE
K NOW ALL MEN B Y THE S E PRE S E N T S:
THAT, THE CITY OF MIAMI BEACH, and THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY, their commissioners, mayor, directors, officers, employees, agents,
attorneys, successors and assigns, collectively referred to herein as "first party,".for and in consideration
of the sum of TWO HUNDRED THOUSAND AND NO/100 (200,000.00) DOLLARS and other valuable
consideration paid to the City of Miami Beach from or on behalf of MARIN & MARIN CONSTRUCTION,
INC., MUTUAL MARINE OFFICE and NEW YORK MARINE AND GENERAL INSURANCE COMPANY,
their respective directors, officers, employees, agents, attorneys, insurers, re-insurers, successors and
assigns, collectively referred to herein as "second party," the payment of which thereof is hereby
acknowledged,
HEREBY remise.s, releases, acquits, satisfies, and forever discharges the said second
party, of and from any and all manner of action and actions, cause and causes of action, suits,
debts, dues,. sums of money, accounts, reckonings, bonds, bills, specialties, covenants,
contracts, attorneys' fees, costs, controversies, agreements, promises, variances, trespasses,
damages, judgments, court costs, executions, claims and demands whatsoever, in law,
admiralty, or in equity, which said first party ever had, now has, or which any attorney, agent,
successor, assignee or devisee of said first party, now or hereafter can, shall or may have,
.,
against said second party, in anyway arising from or related to the sewer main break at Miami
Beach Marina on June 20, 2000 (hereinafter the Accident).
IN ADDITION to the foregoing, and without limiting the scope thereof, it is specifically
understood that this Release includes and discharges all claims of any type whatsoever
which were or might have been asserted concerning any and all policies of insurance issued
or written by second party and/or litigation arising from or related to claims asserted as a
GENERAL RELEASE
Page 1 of 4
,]
.-' result of or concerning the Accident, including but not limited to claims on or about policy
number MMO-20061 ML500 (hereinafter the policy), or any aspect of how those claims have
been or may be handled by second party.
FURTHER, first party agrees and acknowledges that this is the settlement of a disputed
claim and that it does not constitute an admission of liability by second party.
FURTHER, first party represents and warrants that it has discussed the terms and
conditions of this Release with its attorney and that first party understands the full terms 'and
conditions of this Release,
FURTHER, first party represents, warrants, and acknowledges that this Release is
executed by a duly authorized representative of first party, and it is the binding act and deed of
the first party.
FURTHER, that first party hereby agrees and acknowledges that the first party releases
and is not entitled to any legal fees, costs, or other charges or expenses from second party,
FURTHER, the first party specifically represents, warrants and undertakes that it is the
party entitled to make the claim or claims it has asserted conceming the Accident, and that it
has not assigned and will not assign its claim against the second party to any third party.
FURTHER, this Release discharges and completes the second party's obligation to
defend the first party conceming any and all Claims, losses arising from or related to the
Accident, including in the limitation proceeding filed in the United States District Court of the
Southern District of Florida bearing case number 00-4808-CIV-King and being styled as "In the
matter of Marin & Marin Construction, Inc., motor vessel GREG, and the barge RG-4 for
exoneration from or limitation of liability", if any.'
GENERAL RELEASE
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.:l
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IN WITNESS WHEREOF, we have hereunto set our hands and seals on the dates
stated below.
By:
Print
Title:
(seal)
elL
Date: cd~ lfjCMr
ATTEST:
'1-,.
CITY CLERK
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING RELEASE was acknowledged before me this 0ft- day of
0~--I,p(2002. by '7n~ !f.~ ~ who is p~ known to me
or has produced as identification and who did/did not take an
oath, and who attests to be the duly authorized representative of THE CITY OF MIAMI BEACH.
_.' ..~, ::m R Halflfl/d
/F;;:Siz/ 1~~'V _"""-_0
~t;r;~ii~ St;te 0 Flori Februaty 18, 2005
My Commission Expires: /),,;2/1 II tJ ~
Commission number: /)f)/)()>tJ;7f)
GENERAL RELEASE
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!.
ITV. F MIAMI BEACH REDEVELOPMENT AGENCY
(seal)
Date: ~/~ '/;~:r
ATTEST:
~op~
SECRETARY TO THE RDA
STATE OF FLORIDA )
)SS
COUNTY OF MIAMI-DADE )
THE FOREGOING RELEASE was acknowledged before me this c.)1lL day of
~, 2002, by 7>-;0/ .I.euk) ~ who is pers~wn to me
or has produced as identification and who did/did not take an
oath, and who attests to be the duly authorized representative of, THE CITY OF MIAMI BEACH
REDEVELOPMENT AGENCY.
.~, Uliam R HalrI8/d
~ \'1';) ~-.-."""""'"
, ~ Februaty 18.2005
Notary Public State of Flo a /
My.Commission Expires: O:J../;%/()~
Commission number: OJ) 00 jJ./);>o
APPROVED AS TO
FORM & LANGUAGE
&~
City Attorney
1/~fJ?/
Date
F:\A TTO\HELG\L1TIGA TI\SewageBreak\Release.DOC
GENERAL RELEASE
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