Resolution 2025-33546RESOLUTION NO.2025-33546
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE MAYOR TO PARTICIPATE IN
NON-BINDING SETTLEMENT DISCUSSIONS IN CLEVELANDER OCEAN,LP
V.CITY OF MIAMI BEACH,CASE NO.2021-011642-CA-01.
WHEREAS,on May 17,2021,Clevelander Ocean,LP filed a lawsuit in the Circuit Court
of the Eleventh Judicial Circuit in and for Miami-Dade County,Florida,Case No.2021-011642-
CA-01 (the "Lawsuit");and
WHEREAS,on August 27,2024,Clevelander Ocean,LP,together with Clevelander
Holdings,LP,and Essex House Collins,LP (collectively,"Plaintiffs"),filed their now-operative
Second Amended Complaint in the Lawsuit,asserting nineteen causes of action against the
City;and
WHEREAS,Plaintiffs and the City of Miami Beach desire to avoid incurring further costs
of litigation and seek to explore the possibility of resolving all matters in controversy,disputes,
and causes of action between the parties in an amicable fashion;and
WHEREAS,Section 2-11.1(2)of the Miami-Dade County Code of Ordinances ("County
Code")provides that "[n]either the Mayor,a County Commissioner nor any member of their staff
shall participate in settlement negotiations of claims or lawsuits ...without prior approval of the
Board of County Commissioners";and
WHEREAS,Section 2-11.1(a)of the County Code provides that Section 2-11.1(z),
among other provisions,"shall also constitute a minimum standard of ethical conduct and
behavior for all municipal officials and officers ...insofar as their individual relationships with
their own municipal governments are concerned.References in the section to County personnel
shall therefor be applicable to municipal personnel who serve in comparable capacities to the
County personnel referred to";and
WHEREAS,the City of Miami Beach wishes to authorize the Mayor to participate in non-
binding settlement discussions concerning the Lawsuit,in accordance with Section 2-11.1 (a)
and (z)of the County Code.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:that The Mayor is authorized to
participate,on behalf of the City of Miami Beach,in non-binding settlement discussions with
Plaintiffs in the Lawsuit,in accordance with Section 2-11.1 (a)and (z)of the County Code.
PASSED and ADOPTED this k day of February,2025.
ATTEST:
7 MAR 0 3 225
Rafael E.Granado,City Clerk
Sponsored by Mayor Steven Meiner
Steven Meiner,Mayor
APPROVED AS TO
FORM &LANGUAGE
FOR EXECUTION
City Attomey Date
Resolutions -C7 AM
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:February 26,2025
TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,AUTHORIZING THE MAYOR TO PARTICIPATE IN
NON-BINDING SETTLEMENT DISCUSSIONS IN CLEVELANDER OCEAN,LP V.
CITY OF MIAMI BEACH,CASE NO.2021-011642-CA-01.
RECOMMENDATION
BACKGROUND/HISTORY
ANALYSIS
The attached resolution was prepared at the request of the sponsor,Mayor Steven Meiner,with
consultation and advice from the City Attorney's Office.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate {BIE)was published on:
See BIE at:https://www .miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
Cityw ide
Is this a "Residents Right to Know"item,
pursuant to City Code Section 2-17?
Is this item related to a G.O.Bond
Project?
No No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s)
Mayor Steven Meiner
Co-sponsor(s)
Condensed Title
Authorize Mayor to Participate in Non-Binding Negotiations with Clevelander (Meiner)CA
Previous Action (For City Clerk Use Only)