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HomeMy WebLinkAbout2005-26022 Reso RESOLUTION NO. 2005-26022 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A SETTLEMENT AGREEMENT BY AND BETWEEN AMERICAN GOLF CORPORATION OF CALIFORNIA, INC., AND THE CITY OF MIAMI BEACH, CONCERNING LITIGATION FILED BY THE CITY TO RECOVER ENVIRONMENTAL REMEDIATION COSTS FOR THE CITY'S GOLF COURSES, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SUCH AGREEMENT, AND THE TAKING OF NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. WHEREAS, the City filed an action against American Golf Corporation ("AGC") in the United States District Court, Southern District of Florida, Miami Division, styled City of Miami Beach v. American Golf Corporation of California, Inc., Case Number: 04- 22607-CIV-MARTINEZ-BANDSTRA (referred to herein as the "Action"), seeking cost recovery for alleged environmental contamination at the Bayshore (Miami Beach Golf Course) and Normandy Shores golf courses owned by the City of Miami Beach; and WHEREAS, AGC denied the allegations contained in the City's Complaint and alleged certain defenses to the City's claims; and WHEREAS, following mediation between the parties, and pursuant to direction from the City Commission, the City Attorney's Office and the Administration considered a settlement offer by AGC, and the parties thereafter agreed to resolve all disputes which may exist between them rather than continue with the Action; and WHEREAS, the settlement has been reduced to writing and is submitted simultaneously herewith for Commission final approval. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby approves the Settlement Agreement submitted herewith, and the City Manager and City Clerk are hereby authorized to execute such Agreement on behalf of the City, and the City Manager and City Attorney are authorized to take such actions as are necessary or appropriate consistent with the intent of this resolution to implement the provisions of the Settlement Agreement. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED thisl9th day ~f 0~bfir ,2005. ATTEST: /~ ~ J/ MAYOR CITY CLERK Robert Parcher David Dermer APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION CI~/Y~ A~'O~R~EY ,.~.a . DATE F:~atto~-IELG~LITIGATI~nGolt~Settlement Agreement adoption reso.DOC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Date: October 19, 2005 Mayor David Dermer and Members of the City Commission Murray H. Dubbin/~r~J ~ ~ City Attorney l~V\ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING A SETTLEMENT AGREEMENT BY AND BETWEEN AMERICAN GOLF CORPORATION OF CALIFORNIA, INC., AND THE CITY OF MIAMI BEACH, CONCERNING LITIGATION FILED BY THE CITY TO RECOVER ENVIRONMENTAL REMEDIATION COSTS FOR THE CITY'S GOLF COURSES, AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SUCH AGREEMENT, AND THE TAKING OF NECESSARY AND APPROPRIATE STEPS FOR THE IMPLEMENTATION THEREOF. RECOMMENDATION The Mayor and Commission should adopt this resolution approving the settlement agreement between the City and American Golf Corporation of California, Inc. BACKGROUND From 1986 to 1996 American Golf Corporation ("AGC")operated and maintained the City's golf courses under a management agreement. Towards the latter end of that time period, the City became aware of enforcement actions by the Miami-Dade County Department of Environmental Resource Management ("DERM") concerning environmental conditions at the golf courses. DERM had issued certain Notices of Violation ("NOV") for contamination at the golf courses. Not satisfied with AGC's responses to the NOVs, the City terminated the agreement and undertook its own assessments. After extensive negotiations with DERM, the City agreed to limited remediation of the golf course maintenance areas, and undertook such remediation to precede the renovation of the golf courses. Thereafter, the City Attorney's Office and outside counsel undertook to recover monies expended in furtherance of the assessment and remediation activities. In 2004 the City filed an action against AGC in the United States District Court, Southern District of Florida, Miami Division, styled City of Miami Beach v. American Golf Corporation of California, Inc., Case Number: 04-22607-CIV-MARTINEZ, seeking cost recovery for alleged environmental contamination at the Bayshore (Miami Beach Golf Course) and Normandy Shores golf courses owned by the City under state and federal environmental statutes. After recent case law limited the recovery to state law claims, the City filed an amended complaint. AGC denied the allegations contained in the City's Complaint and alleged certain defenses to the City's claims. The parties engaged in mediation in early August 2005, but failed to reach agreement. Agenda Item Date [0--{~'~9~'" Commission Memorandum Resolution Approving Sett/ement Agreement with American Golf Corporation October 19, 2005 Page 2 Thereafter, AGC submitted a settlement offer, without admission of liability, which was considered by the City Commission in attorney-client session on September 8, 2005. Pursuant to direction from the City Commission, the City Attorney's Office and outside counsel engaged in further negotiations with AGC, which resulted in the Agreement submitted to the Commission simultaneously with this Memorandum. The parties have agreed to resolve all disputes which may exist between them rather than continue with the litigation. If the City Commission approves the attached resolution it will approve the Settlement Agreement, and the City Manager and City Clerk would be authorized to execute such Agreement on behalf of the City, and the City Manager and City Attorney would be authorized to take such actions as are necessary or appropriate consistent with the intent of this resolution to implement the provisions of the Settlement Agreement. This Resolution would take effect immediately upon its adoption. MHD/GMH F:\atto\HELG\LITIGATl~mGOlflCommissionMemo 031905.new.doc