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Home My Public Portal About20-9727 Settlement Agreement Joseph Barton & Jaiden ContrerasSponsored by: City Manager RESOLUTION NO.20-9727 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF JOSEPH BARTON AND JAIDEN CONTRERAS VS. CITY OF OPA-LOCKA, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on November 13, 2019 the parties in the case of Joseph Barton and Jaiden Contreras vs. City of Opa-Locka attended a Court ordered mediation; and WHEREAS, neither party admits liability in this matter, however, in an effort to resolve the pending controversy, all parties desire to amicably and expeditiously resolve all claims and avoid continued litigation; and WHEREAS, Section 166.02(1), Florida Statutes and Resolution 08-7317 grants the City Commission the authority to declare property that has become inadequate for public purposes as surplus, and WHEREAS, The City Commission hereby accepts the City Manager's recommendation to declare certain properties as surplus, as set forth in Exhibit "A"; and WHEREAS, the parties desire to enter into a Settlement Agreement with the intended purpose of resolving all claims as set forth in Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, THAT: Section 1. Adoption of Representations. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and the same are hereby made a specific part of this Resolution. Section 2. Approval of Settlement Agreement. The City Commission of the City of Opa-Locka hereby approves the settlement agreement between the Plaintiffs Joseph Barton, Jaiden Contreras and the City of Opa- Locka, consistent with the Agreement attached hereto as Exhibit "A"; and further authorizes the City Manager to take all necessary action consistent with this Resolution. Resolution No. 20-9727 Section 3. Waiver of Resolution 08-7317 Provision. The City Commission hereby waives Resolution 08-7317 (3)(6) requiring advertisement of surplus properties. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption hereof and approval by the Governor of the State of Florida or his designee. PASSED and ADOPTED this 15th day of January, 2020. Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL S FICIENCY: adette No is -Weeks, P.A. Moved by: Vice Mayor Davis Seconded by: Commissioner Kelley VOTE: 4-1 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt NO "Exhibit A" MUTUAL SETTLEMENT AGREEMENT AND RELEASE JOSEPH BARTON, an individual (`BARTON"), JAIDEN CONTRERAS an individual, ("CONTRERAS"), and the CITY OF OPA-LOCKA, FLORIDA agree to enter into this Mutual Settlement Agreement and Release ("Agreement") this day of January, 2020 as follows: WHEREAS, BARTON and CONTRERAS brought suit against CITY OF OPA-LOCKA in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County, Florida, Case No. 16-11180-CA-01(24) ("the Lawsuit"); and WHEREAS, on or about November 13, 2019 the parties attended a mediation and agreed to settle certain issues involved with this case for city -owned land rather than for payment of money; and WHEREAS, the parties further agree that the property located at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 shall be re -opened as a package store as a part of matters to be settled; and WHEREAS, the City of Opa-Locka denies liability regarding the allegations raised in the Lawsuit; and WHEREAS, the parties now desire to amicably resolve and settle all matters at issue in the Lawsuit and, accordingly, desire to enter into this Agreement in order to avoid the expense of additional litigation. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, intending to be legally bound, hereby agree and covenant as follows: 1. Incorporation of Recitals: The above recitals are true and accurate and are incorporated herein by reference. 2. Settlement: a) The CITY OF OPA-LOCKA shall allow a permitted package store at the property located at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 to operate as a non- conforming use, so long as Plaintiffs BARTON and CONTRERAS, or any corporate entity created, controlled or sold by them agrees to secure, on a yearly basis, a valid business tax receipt and otherwise comply with all necessary provisions of the Opa-Locka Code of Ordinances, Opa- Locka Land Use Regulations and state and federal laws. If the said property site is abandoned for more than six (6) months from the time of this settlement agreement, or if the property site located at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 is destroyed by more than 50%, as determined by the City of Opa-Locka, it shall cease as a non -conforming use and shall be subject to all requirements of the City of Opa-Locka Code of Ordinances and Land Use Regulations existing at said time for the zoning district. The Plaintiffs agree to make the conditions of this Agreement known to any persons desiring to purchase the property site located at 14465-75 NW 22nd Avenue, Opa-Locka, FL 33054 by incorporating said requirements as deed restrictions. b) The CITY OF OPA-LOCKA agrees to transfer the following properties in the areas of the City known as "Magnolia North" as set forth in Attachment "A" which is entitled "Surplus Property For Settlement Transfer [as of 1/13/2020r to Plaintiffs. c) The CITY OF OPA-LOCKA agrees to transfer the first three properties on Exhibit "A" (specifically, address 1800 Ali Baba Avenue; address to be assigned, 2000 Ali Baba Avenue and address 1801 Ali Baba Avenue, all within the City of Opa-Locka) to CONTRERAS. d) The CITY OF OPA-LOCKA agrees to transfer the remaining eight properties (beginning with the property stating address to be assigned as 1800 Washington Avenue) on Exhibit "A" to BARTON. e) All properties shall be transferred in "as is" condition with BARTON and CONTRERAS being fully responsible for the properties subsequent to transfer. 3. Dismissal of Lawsuit: Upon execution of this Agreement, Plaintiffs shall voluntarily dismiss the Lawsuit, with prejudice, within (30) days, with Plaintiffs and Defendant to bear their own costs and attorney's fees. 4. Mutual Release: As part and parcel of this Agreement, the parties on behalf of partners, corporations, members, shareholders, principals, directors, board members, managing members, chairmen, executive committee members, employees, agents, representatives, family members, attorneys, heirs, executors and administrators, assignors, successors and survivors, hereby release, acquit, satisfy, and forever discharge each other, and their affiliates, corporations partners, directors, shareholders, principals, directors, board members, managing members, chairmen, executive committee members, subsidiaries, officers, directors, family members, representatives, attorneys, heirs, executors and administrators, assignors, successors and survivors, from any and all actions and causes of actions, damages, judgments, claims, counterclaims and demands whatsoever, liquidated or un-liquidated, contingent or fixed, known or unknown, determined or undetermined at law or in equity which they now have or may have from the beginning of time to the date of these presents and/or that otherwise could have been brought against each other in the Lawsuit. 5. Enforcement of Agreement: the parties agree that any dispute regarding the terms and conditions herein shall be resolved through mediation followed by arbitration if mediation is unsuccessful. 6. Representation by Counsel: the parties acknowledge that they have had a full opportunity to read this Agreement and have had the benefit of counsel in reviewing the Agreement. 7. Miscellaneous: a. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. b. This Agreement contains the entire agreement between the parties hereto and all prior or contemporaneous agreements, understandings, representations and settlements, oral or written, are merged herein. c. This Agreement shall be strictly construed in accordance with the laws of the State of Florida. d. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns. e. The representations, warranties, covenants, agreements and indemnities of the parties hereto made in this Agreement, or any certificate or document delivered pursuant hereto, shall remain operative and survive execution and delivery. f. The parties hereto, at any time and from time to time, following the execution hereof, shall execute and deliver all such further instruments or documents and take all such further action as may be reasonably required to carry out the terms, conditions and provisions of this Agreement. g. This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and shall be binding upon all parties, their successors and assigns, and all of which taken together shall constitute one and the same agreement. h. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons or entity may require. i. All sections, titles or captions contained in this Agreement are for convenience only and shall not be deemed to be a part of this Agreement, and shall not affect the meaning or interpretation of this Agreement. The parties to this Agreement intend that time shall be of the essence and that the performance of all duties, obligations and activities contemplated hereunder be done in strict compliance with the terms, provisions and procedures contained in this Agreement so long as approved by the State's Oversight process. Whenever any date or time is specified in this Agreement, strict adherence shall be required. However, unforeseen events, such as force majeure, weather, acts of war, and strikes shall excuse a party who makes a good faith effort to comply with the time specified within this Agreement, but cannot timely comply due to one of the aforementioned events, or a similar event. Under such circumstances, the performing parry will be required to perform within a reasonable period of time. IN WITNESS WHEREOF, this Settlement Agreement has been duly executed by the undersigned Parties. Executed this _ day of , 2020. John Pate City Manager STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me by , this day of , 2020. he is personally known to me, OR has produced as identification. NOTARY PUBLIC CITY CLERK STAMP (NOTARY STAMP) Print Name Executed this _ day of , 2020. By JOSEPH BARTON STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me by , on behalf of , this day of , 2020. he/she is personally known to me, OR has produced as identification. NOTARY PUBLIC (NOTARY STAMP) Print Name Executed this _ day of , 2020. By JAIDEN CONTRERAS STATE OF FLORIDA COUNTY OF MIAMI-DADE Sworn to and subscribed before me by , on behalf of , this day of , 2020. he/she is personally known to me, OR has produced as identification. NOTARY PUBLIC (NOTARY STAMP) Print Name "Exhibit A" Surplus Property For Settlement Transfer las of I/13120201 Property Address Folio Number Property Use Status 2015TAV 20161IN 2019 T:11 1311'esti Zoning Transfer 1800 Ali Baba Avenue 08 ? 122-003•? 101 James Street ROW -Vacated by City of OL Ord. 73-21, Conditional Sale per Infrastructure on Site (Potential Billboard Site) Surplus -For Sale NSA NSA NSA $25,000 B•2�MXU0 Transfer for Settlement Address to be assigned as 2000 Ali Baba Avenue NIA Street ROW -Needs to be Vacated by City Conditional Sale (Potential Billboard Site) Surplus For Sale NSA NSA N.A $25,000 B 2/MXU0 Transfer for Settlement 1801 Ali Raba Avenue 08 2122.0031690 Vacant Lot N side of Ali Baba Ave. & E of James St 'County Deed reverter restriction to be amended from tot lot to residential commercial development' To be considered by Opa-locka City Commission at 112212020. Follow up by Board of County Commission in February -March 2020 Surplus For Sale $1,212 $9,545 $S9,OW $59,000 R-2�MN0 Transfer for Settlement Address to be assigned as IRO Washington Avenue OS 2122-003.1610 Vacant Lots on S side of Washington Ave. & W of James St Washington Park (Future Consideration as Surplus Property) Surplus For Sale $1,213 $21,600 $21,600 R 2/MN0 Transfer for Settlement Address to be assigned as 1804 Washington Avenue 08 ? 172-0031680 Vacant Lots on S side of Washington Ave. & W of James St Washington Park (Future Consideration as Surplus Property) Surplus For Sale $1,213 $33,000 $33,000 R 2/MN0 Transfer for Settlement 2035 Ali Baba Avenue 08•2122-003-1420 Vacant Lot N side of Ali Baba Ave. & W of Johnson St Surplus -For Sale $3,068 $4,044 $2,996 $7,040 $28,500 $28,500 R-2MN0 MXUO Transfer for Settlement Address to be assigned as 2037 Ali Baba Avenue 08-1122-003-1430 Vacant Lot N side of Ali Baba Ave. & W of Johnson St Surplus -For Sale $2,273 R-2 MNO MXUO Transfer for Settlement Address to be corrected as 1850 Ali Baba Ave 08-2122-003.2330 Vacant Lot S side of Ali Baba Ave. & E of Johnson St Surplus -For Sale $61,815 $28,125 $9,375 $9,375 $65,625 $37,500 $12,500 $12,500 $25,000 B-0 MNO MXUO Transfer for Settlement Address to be assigned as 1844 Ali Baba Avenue 084122-003.2340 Vacant Lot S side of Ali Baba Ave. & E of Johnson St Surplus•For Sale $21,815 B-0 MNO MXUO Transfer for Settlement Address to be assigned as 1840 Ali Baba Avenue 08-2122-003-2350 Vacant Lot S side of Ali Baba Ave. & E of Johnson St Surplus -For Sale $21,315 B-0 MNO MXUO Transfer for Settlement Address to be corrected as 1830 Ali Baba Avenue 082122-003-2360 Vacant Lot S side of Ali Baba Ave. & E of Johnson St. Surplus -For Sale $43,750 $18,750 B•0 MNO MXUO Transfer for Settlement $116,534 $82,210 $192,265 $314,100 Settlement amount • $314,100.00 Attachment "A" 'fi"tb 4, a — h� .‹7;.1 .. .Lra '') trii t$ . 7 ` .ittFt 1 =+ t 1 -a r" wh -I fl tI S}41 tit 'I 'VA i N r j i'y • A City Attorney From: Burnadette Norris -Weeks <bnorris@apnwplaw.com> Sent: Monday, January 13, 2020 1:57 PM To: jhgreason@icloud.com Cc: John E. Pate; City Attorney Subject: Vacant and Surplus Properties Status Update Attachments: Surplus Property For Settlement Transfer - as of January 13 2020.xlsx; Magnolia North Vacant Properties or Parcels.pdf This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected emails. If if this is a suspicious message please contact itsupport@opalockafl.gov Dear Mr. Greason, Following the shade meeting last week, staff was given certain direction. The City Commission would like for me to put forth the attached properties for your consideration. Attached is a spreadsheet for 11 surplus properties. Kindly work with your clients to consider these properties. As you know, any prior recommendations made by City staff are subject to commission consideration. All of these properties are located in the Magnolia North Area. One of the properties is a City owned parcel donated by Miami -Dade County to be used as a tot -lot. PCD staff is currently working with Commissioner Jordan office to change the reverter clause to allow residential/commercial development to take place on this parcel and it is expected to be successful. As our concession for this revised proposal, the City Is willing to remove any and all restrictions on the use of the lots. In other words, there willno longer be a requirement that the lots be used for affordable housing. Your clients would be able to seek the highest and best use of the properties without any restrictions. Please get back with me as soon as possible today. We are under a deadline and have set a special meeting for re- consideration of this matter on this Wednesday. 1 look forward to hearing back from you. I am available now if you desire to discuss. Burnadette Norris -Weeks, Esq. BURNADETTE NORRIS-WEEKS, P.A. 401 North Avenue of the Arts (NW 76 Avenue) Fort Lauderdale, FL 33311 954-768-9770 (Main) 954-615-8879 (Direct) 954.768.9790 (Fax) BnorrisPapnwplaw.com 1 City Attorney From: Burnadette Norris -Weeks <bnorris@apnwplaw.com> Sent: Tuesday, January 14, 2020 5:26 PM To: James H Greason Esq. Cc: John E. Pate; City Attorney; Michelle Austin Pamies; Gerald J. Lee; Gregory Gay Subject: RE: FOR SETTLEMENT PURPOSES ONLY -- Vacant and Surplus Properties Status Update This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected emails. If if this is a suspicious message please contact itsupport@opaiockall.aov Dear Mr. Greason, I just want to make sure that we are all on the same page with this. The properties on NW 22 Avenue WILL NOT be made available for the settlement purposes by the City Commission. They are: Address to be assigned as 14340 NW 22 Avenue 08-2122-009-0210 Vacant Lot on W side of NW 22 Ave. & N of 143 St. 14310 NW 22 Avenue 08-2122-009-0220 Vacant Lot on W side of NW 22 Ave. & N of 143 St. Address to be assigned as 14330 NW 22 Avenue 08-2122-009-0222 Vacant Lot on W side of NW 22 Ave. & N of 143 St. On a different note, there is a parcel on the south side of Ali Baba Avenue which appears to be the dead-end ROW at approximately 2000 Ali Baba Avenue. The City is investigating the transfer issues connected with this property. It has an "NA" next to it. This disclaimer is being made for purposes of full transparency. The property is in the box below. Address to be assigned as 2000 Ali Baba Avenue No Folio Street ROW -Needs to be Vacated by City Conditional Sale We believe that ALL of these properties would value far in excess of the agreed settlement amounts if they were appraised. Please provide your final confirmation as to acceptability. I will forward to the City Clerk as soon as I hear from you. This will go on the agenda tomorrow as an urgent item. Thank you. Burnadette Norris -Weeks, Esq. BURNADE7TE NORRIS-WEEKS, P.A. 401 North Avenue of the Arts (NW 7th Avenue) Fort Lauderdale, FL 33311 954-768-9770 (Main) 954-615-8879 (Direct) 954.768.9790 (Fax) 8norrisPapnwplaw. cam 1