Loading...
05-09-08 SpecialSouth Miami All- America City 'I I 11.1 2001 MAYOR: Horace G. Feliu CITY MANAGER: Ajibola Balogun VICE MAYOR: Brian D. Beasley CITY ATTORNEY: Luis Figueredo COMMISSIONER: Randy G. Wiscombe CITY CLERK: Maria M. Menendez COMMISSIONER: Velma Palmer COMMISSIONER: Jay Beckman CITY COMMISSION AGENDA Special City Commission Meeting Meeting date: May 9, 2008 Next Regular Meeting date: May 20, 2008 6130 Sunset Drive, South Miami, FL; Phone: (305) 663 -6340; Time: 5:30 PM City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not). to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi - judicial and administrative action. CALL TO ORDER: A. Roll Call: B. Invocation: C. Pledge of Allegiance: ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: The purpose of the meeting is to discuss settlement of Dabby Properties v. City of South Miami and Mark Richman Properties Case No. 06- 11289 CA -10. f� gat 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH NIIAMI, FLORIDA, RELATING TO 6 LITIGATION; APPROVING A SETTLEMENT AGREEMENT 7 BETWEEN THE CITY, MARK RICHMAN PROPERTIES, INC. 8 AND DABBY PROPERTIES; PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Dabby Properties, a Florida General Partnership, sued Mark Richman 12 Properties, Inc. ( "MRP ") and the City of South Miami (the "City ") in a three count 13 complaint, under case number 06 -11289 CA -10 (2006 Fla. 11 Cir. Ct.) seeking 14 to enjoin the City from constructing a parking facility in South Miami alleging that 15 (1) the City has violated two 1954 Easement Agreements which grant the City the 16 use of five feet in count I, (2) that the City engaged in illegal contract zoning when 17 it entered into a lease agreement with Mark Richman Properties, Inc., (despite the 18 fact that the lease expressly states to the contrary), and (3) that the City illegally 19 contracted away its taxing power by agreeing to abate its share of ad valorem 20 taxes on the project; and, 21 22 WHEREAS, trial is scheduled for Monday, May 12, 2008 on the action 23 styled: Dabby Properties v. City of South Miami and Mark Richman Properties, 24 Inc. v., Case No. 06 -11289 CA -10 (2006 Fla. 11 ch Cir. Ct.); and 25 26 WHEREAS, the parties desire to enter into this comprehensive settlement 27 agreement to dispose of the litigation; and 28 29 WHEREAS, the city denies the material allegations of the complaint but, 30 nevertheless, desires to avoid protracted and expensive litigation; and, 31 32 WHEREAS, the parties desire to settle the claims in a manner consistent 33 with the terms and conditions set forth in the Settlement Agreement. 34 35 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 37 38 Section 1. The settlement agreement dated May _, 2008, which is 39 annexed and made a part of this resolution as App.l is approved. The city 40 manager is authorized to execute the settlement agreement on behalf of the city. 41 42 Section 2. This resolution shall take effect immediately upon approval. 43 Additions shown by underlining and deletions shown by ever-stAking. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 PASSED AND ADOPTED this _ day of May, 2008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Beckman Commissioner Palmer: Page 2 of 2 04 gOUrb v DICOIIOM�IQD A 1927 �GRI 0W.. 5so - &ZaW HORACE G. FELIU MAYOR May 8, 2008 City Commission c/o Maria M. Menendez, City Clerk 6130 Sunset Drive City of South Miami 33143 Re: Calling a Special Meeting. Friday 9, 2008 Honorable Members of the City Commission: 6130 Sunset Drive South Miami, Florida 33143 -5093 Tel: (305) 668 -2484• Fax: (305) 663 -6348 e -mail: h6racefeliu @bellsouth.net This is to notify all of you that I am hereby calling a Special Meeting of the City Commission for Friday, May 9, 2008 starting at 5:30 p.m., in the City Commission Chamber, following the attorney - client session. The purpose of this meeting is that the City Attorney desires advice from the City Commission regarding settlement and litigation strategy on the Dabby Properties v. City of South Miami and Mark Richman Properties, case number 06 -11289 CA -10. Sincerely, Horace G. Feliu Mayor Cc: W. Ajibola Balogun, City Manager Luis Figueredo, City Attorney South Miami All-America City II 111 2001 CITY OF SOUTH MIAMI NOTICE OF SPECIAL CITY COMMISSION MEETING ALL INTERESTED PARTIES PLEASE TAKE NOTICE THAT the City Commission will hold a Special Meeting, Friday, May 9, 2008, at 5:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, South Miami, Florida. The purpose of the meeting is to discuss settlement of Dabby Properties v. City of South Miami and Mark Richman Properties Case No. 06- 11289 CA -10. All interested persons are invited to attend. There will be no public hearing or public remarks. Maria M. Menendez, CMC City Clerk City of South Miami © CITY OF SOUTH MIAMI NOTICE OF ATTORNEY,CLIENT SESSION REQUEST AND NOTICE FOR PRIVATE ATTORNEY - CLIENT SESSION OF MAYOR AND CITY COMMISSION AND THE CITY ATTORNEY REGARDING PENDING LITIGATION, SETTING THE TIME AND PLACE OF THE SESSION AND PROVIDING THE MANNER IN WHICH SUCH SESSION SHALL BE CONDUCTED. The City Attorney advises the Mayor and City Commission that counsel representing the city in defense of certain legal actions styled: Dabby Properties v. City of South Miami and Mark Richman Properties, case number 06 -11289 CA -10, desires advice from the City Commission regarding settlement and litigation strategy. The meeting is to be held at approximately 5:00 p.m., on Friday, May 9, 2008. The Mayor, City Commission, and City Manager shall meet in private with the City Attorneys, Luis R. Figueredo, in the city manager's office at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida. A certified court reporter shall record the time and termination of the session, all discussions and proceedings that occur, the names of all persons present at any time during the session and the names of all persons speaking. The transcript shall be made part of the public records upon conclusion of the litigation. Maria M. Menendez, CMC City Clerk City of South Miami