Res No 069-14-14163RESOLUTION NO. __ 6_9 -_1_4_-_1_4_1_6_3_
A Resolution authorizing the City Manager to execute a settlement agreement
between The Young Men's Christian Association of Greater Miami, Inc. and
the City of South Miami.
WHEREAS, the City filed suit against the YMCA in Case No. 13-01689 CA OS, titled
City of South Miami, a Municipal Corporation, Plaintiff, v. The Young Men's Christian
Association of Greater Miami, Inc., a Florida Not For Profit Corporation; and
WHEREAS, the City's complaint sought to terminate the 50 year lease that the City had
entered into with the YMCA in 2005 and obtain possession of the property; to obtain
compensatory damages for breach of the lease, including attorney fees pursuant to the terms of
the Lease; to obtain damages for breach of a unilateral contract and breach of the sales
agreement; and to obtain damages for fraud; and
WHEREAS, the YMCA counter sued the City for breach of the lease, breach of an
implied covenant of good faith and fair dealing, unjust enrichment, a declarations of the party's
rights and liabilities and the YMCA sought damages in excess of $1 ,000,000 as well as attorney
fees and costs; and
WHEREAS, the City Attorney and the attorney for YMCA have negotiated a proposed
settlement agreement; and
WHEREAS, the terms of the proposed settlement are that (1) the lease between the City
and the YMCA, that is the subject of the litigation, shall immediately terminate and, thus, the
YMCA's leasehold interest in the subject property shall also immediately terminate; (2) the City
of South Miami's claim for rent, maintenance, or other expenses associated with the subject lease
shall be waived; (3) the claims of the City and the YMCA for damages (or other claim) against
each other, for any cause of action arising out of or related to the sale of the property, the subject
lease, or any other matter relating to the subject property, as well as any and all other matters
shall be waived; (4) the City and the YMCA shall execute mutual general releases as to any and
all claims that either may have against the other from the beginning of the world to the date of
the signing of the release; (5) the general releases shall be delivered within 10 days after
approval by the proposed settlement agreement by the City Commission; (6) both sides shall bear
their own attorney fees and costs incurred in the subject litigation; (7) the complaint and the
counterclaim shall immediately thereafter be dismissed with prejudice; and (8) an agreed order
dismissing the complaint and the counterclaim with prejudice shall be filed with the court.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami accepts and approves of the settlement terms set
forth in the recitals above and those terms are made a part hereof by reference.
Page 1 of2
Res. No. 69-14-14163
Section 2. The City Manager is hereby authorized to execute a settlement agreement
between The Young Men's Christian Association of Greater Miami, Inc. and the City of South
Miami containing the same, or substantially the same, terms and conditions set forth in Section 1
of this resolution.
Section 3. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 4. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this 15ttday of April ,2014.
ATTEST: APPROVED:
(};gQ~ effYcLERK
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Page 2 of2
IN THE CIRCUIT COURT OF THE 11'1'11 JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION
CASE NO. 13-01689 CA 05
CITY Of SOUTH MIAMI, a
municipal corporation,
Plamtiff,
v.
TIlE YOUNG
MEN'S CHRISTIAN
ASSOCIATION OF
GREATER MIAMI, INC.,
a Flonda not for profit
corporation,
Defendant.
THE YOUNG MEN'S
CHRISTIAN ASSOCIATION
OF GREATER MIAMI,
INC., a Florida not for protlt
corporation,
Counter-Plaintlft~
v.
CITY OF SOUTH MIAMI, a
municipal corporation,
Counter-Defendant.
/
________________________ 1
STIPULATION AND MOTION FOR
SETTLEMENT AND DISMISSAL WITH PREJUDICE
Page 1 of'5
PlaintlfllCounter·Defendant) City of South Miami ("CITY") and The
Young Men's Christian Association of Greater Miami, Inc. (tlYMCAH) heleby
agree to the settlement and to the dismissal of the case with Prejudice under the
follO\,.,ing terms'
1. The City med suit against the YMCA to terminate the 50 year lease
that the City had entered into with the YMCA in 2005 and obtain possession of
the property; to obtain compensatOlY damages for breach of the lease, including
altOllley fees pursuant to the terms of the Lease; to obtain damages for breach of
a unilateral contract and breach of the sales agreement; and to obtain damages for
thud.
2. The YMCA counterclaimed for breach of the lease, breach of an
Implied covenant of good faith and fair dealing) unjust enrichment, a declarations
of the party's lights and liabilities and the YMCA sought damages in excess of
$1,000,000 as well as attorney fees and costs
3. Notwithstanding the City's and the YMCA's positions,
in an effort to avoid the costs and uncertainties of litigation, the Pm tIes have
negotiated a compromise and reached a settlement in this matter which must be
first approved by resolution of the City of South Miami City CommIssion at a
duly noticed publIc meeting. The YMCA and the City agree that immediately
Page 2 ot'S
upon approval by the City CommiSSIon of this stipulation and motion for
settlement and dismissal with prejudice, (1) the City Manager, City Clerk and
City Attorney shall thcleatter sign this jomt motion; (2) the lease that is the
subject of the litigation shall immediately terminate and, thus, the YMCA's
leasehold interest in the subject propelty shall also immediately terminate, (3) the
City of South Miami's claim for rent, maintenance, or other expenses associated
with the subject lease shall thereupon be waived; (4) the YMCA and the City's
claims for damages (or olher claim) against each other, for any cause of action
arising out of or related to the sale of the property, the subject lease, OI any other
matter lelatmg to the subject property, as well us any and all other matters shall
thereupon be waived; (5) both sides shall thcrcaftel execute mutual general
releases as to any and all claims that either may have against the other from the
beginning of the world to the date of the signing of the release and deliver the
release to the opposing party within 10 days aftel approval by the City
Commission; (6) both sides shall bear their own attorney fees and costs incurred
111 the subject litigation; (7) the complaint and the counterclaim shall immediately
thereafter be dismissed with prejudice; and (8) either party may thereafter
transmit thIS joint motion to the trial judge assigned to the instant case along with
an agreed order dlsl11lssmg the complamt and the counterclaim with pi ejudice.
Page 3 ofS
4 The parties request that the Court retain jurisdiction to enforce the
terms of the Settlement Agreement, If necessary.
WHEREFORE, the Parties respectfully request that this Court
dismiss this case, with prejudice, and approve the terms of the settlement
referenced herein.
Michael C Foster, Esq.
Ttipp Scott, P.A.
110 S13 6th Street, 15th Floor
Fort Lauderdale, FL 33301
P: 954-525-7500
F: 954-761-8475
By.--->.,;!.}-_______ ~-
M ichafi't!+-F-~~rF
Florida Bar No.
The Young Men's Christian
Association of Greater Miarni, Inc,
By: 94t~
Ralph Yahe , as president & CEO
ATTESTED:
Signat
la Menendez
City Clerk
Read and Appro
Legality and """"' .... ..,"'LA
Thomas F, Pepe, Esq.
P13PE & NEMIRE(RET), LLC
1450 Madruga Avenue, Ste 202
Coral Gables, Floncla 33146
Tel: (305) 66 :)4
Fax: (305 584 '
E:'~7=~~~~===7=7~~
Page 4 of'S
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that 011 this __ Ih day of AplIl, 2014, I electronically
flled the fOlcgoing document wIth the CICIk of the COUlt using the FloIida Courts
eFiling POI taL I also cemfy that the forcgomg document is being served this day on all
counsel of record or pro se parties identified below III the mannel' specified, clther via
transmission of Notices of Electronic Filing generated by the Florida Courts eFiling
Portal or m some othel authonzed manner for those counselor parties who me not
authorized to Icceive electrol1lcally Notices of Electronic Filing.
Michael C. Foster, Esq.
TllPP Scott, P.A
110 SE 6th Street, 15 1h FloO!
Fort Laudel dale, FL 33301
P: 954-525-7500
F: 954-761-8475
E: PtirnalY: mcf\(l.llllPPSCOtl com
E: Seeondm y: 8xm@trippscott.c0111
THOMAS P. PEPE, ESQ.
City Attorney fOI
CITY OF SOUTH MIAMI
1450 Madruga Avenue, SUIte 202
Coral Gables, FL 33146
T: 305-667-2564
F: 305-341-0584
E: tpcpcqiJsQulhmiHlllill.goy
By: Is/ ThollJas F Pcpe.
Flodda Bar No. 183230
Puge 50f5