HomeMy Public PortalAbout2018-19 Approving a settlement agreement between the Village of Key Biscayne and the National Marine Manufacturers AssociationRESOLUTION NO. 2018-19
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA APPROVING A
SETTLEMENT AGREEMENT BETWEEN THE VILLAGE
OF KEY BISCAYNE AND THE NATIONAL MARINE
MANUFACTURERS ASSOCIATION IN THE PENDING
ACTION STYLED VILLAGE OF KEY BISCAYNE V. CITY
OF MIAMI, ET AL, MIAMI-DADE COUNTY CASE NO. 15-
2997 -CA -01 (21); PROVIDING FOR AUTHORIZATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 8, 2015, the City Commission for the City of Miami ("City")
adopted Resolution No. 14-01271 and voted to enter into a revocable license agreement with the
National Marine Manufacturers Association ("NMMA"), allowing NMMA to use City -owned
property surrounding the Miami Marine Stadium, located at approximately 3501 Rickenbacker
Causeway (the "Property"), for the purpose of hosting the Miami International Boat Show (the
"Boat Show"); and
WHEREAS, on January 27, 2015, the Village of Key Biscayne (the "Village") Council
adopted Resolution No. 2015-4 authorizing the commencement of legal action against all
necessary and/or appropriate parties from developing and using the Property in any manner
which is in violation of law, or restrictions limiting the use of the Property; and
WHEREAS, the Village initiated certain litigation against the City in Miami -Dade
County Circuit Court under Case No. 15 -2997 -CA -01 (21), seeking, among other relief,
declaratory and injunctive relief pertaining to allegations that the manner of operation of the
Property for the Boat Show constitutes a public nuisance (the "Lawsuit"); and
WHEREAS, the NMMA filed a motion to intervene and, on August 26, 2016, was
granted the right to intervene in the Lawsuit; and
WHEREAS, the NMMA proposed a settlement agreement between the Village and the
NMMA that establishes methods of transportation and maintenance of traffic plans for future
Boat Shows with the intent to minimize disruptions to traffic flow on the Rickenbacker
Causeway that may unreasonably impede traffic to and from the Village and the mainland; and
WHEREAS, the Village Council deems it to be in the best interest of the public to
authorize a settlement between the Village and the NMMA related to the pending public
nuisance claims in the Lawsuit, on the terms specified in the Settlement Agreement attached
hereto as Exhibit "A" (the "Settlement Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Approval of Settlement Agreement. That the Settlement Agreement
between the Village and the NMMA in the form attached hereto as Exhibit "A" is approved.
Section 3. Authorization of Village Officials. That the Village Manager is
authorized to execute the Settlement Agreement and all documents deemed necessary to
implement the intent of this Resolution, subject to approval by the Village Attorney as to form,
content, and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this 8th day of May, 2018.
M)WOR MAYRA PENAL DSAY
2
ATTE
JE ► IFER DIVA, ' MC
ILLAGE CLERK
VILLAGE ATTORNEY
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
3
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT ("Agreement") is made, entered into, and effective
as of this $ day of May, 2018 (the "Effective Date"), by and between the Village of Key
Biscayne, Florida ("Village") and National Marine Manufacturers Association, Inc. ("NMMA")
(each a "Party," and together, the "Parties").
RECITALS
WHEREAS, on January 8, 2015, the City Commission for the City of Miami ("C ")
adopted Resolution No. 14-01271 and voted to enter into a revocable license agreement with
NMMA, allowing NMMA to use City -owned property surrounding the Miami Marine Stadium,
located at approximately 3501 Rickenbacker Causeway (the "City Property"), for the purpose of
hosting the Miami International Boat Show (the "Boat Show") commencing in early 2016;
WHEREAS, the Village initiated certain litigation in Miami -Dade County Circuit Court
against the City under Case No. 15-2997 CA 09 (the "City Lawsuit"), seeking inter alia
declaratory and injunctive relief pertaining to allegations that the manner of operation of the City
Property for the Boat Show constitutes a public nuisance (the "Public Nuisance Claim");
WHEREAS, NMMA filed a motion to intervene, and on August 26, 2016, was granted the
right to intervene, in the City Lawsuit;
WHEREAS, during the pendency of the City Lawsuit, the Parties convened both formal
and informal settlement discussions, along with the City, leading to their mutual decision to stay
proceedings, tolling time -periods and reserving all rights, while negotiating in detail a
comprehensive settlement agreement on which to settle the City Lawsuit (the "Draft
Agreement");
WHEREAS, despite the Parties substantial efforts, the City Commission of the City did
not approve the Draft Agreement;
WHEREAS, the City Lawsuit is set for a trial for the trial period beginning on June 4,
2018, with a deadline to conclude all discovery of fifteen (15) days prior to the first day of the trial
period (the "Discovery Cutoff');
WHEREAS, if the Public Nuisance Claim remains an issue to be resolved at the scheduled
trial in the City Lawsuit, the Parties will need to explore through discovery many factual issues
relating to the Public Nuisance Claim in advance of the Discovery Cutoff;
WHEREAS, the Parties now wish to amicably resolve the pending Public Nuisance Claim
through the execution of this Agreement, and have agreed to settle their differences as they relate
to the Public Nuisance Claim solely to avoid further costs associated with continued litigation of
the Public Nuisance Claim in the City Lawsuit, and without admitting liability or waiver.
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows:
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AGREEMENT
1. Recitals. The foregoing recitals set forth above are true and correct and constitute
part of this Agreement.
2. Dismissal of Public Nuisance Claim and Other Litigation. Within two (2)
business days from the Effective Date, Village shall cause to be filed a Notice of Voluntary
Dismissal, without prejudice, of the Public Nuisance Claim in the City Lawsuit. The dismissal of
the Public Nuisance Claim will have no impact on any of the Village's remaining claims in the
City Lawsuit, or claims generally.
3. Maintenance of Traffic for Future Boat Shows. NMMA covenants and agrees
that it will adhere to a comprehensive transportation and maintenance of traffic ("MOT") plan for
all future Boat Shows on the City Property. The Parties agree that each MOT should be developed
so as to: (i) minimize disruptions to traffic flow on the Rickenbacker Causeway that may
unreasonably impede traffic to and from the island of Key Biscayne and the mainland, and (ii)
achieve a traffic flow result largely consistent with the MOT plans developed by the City and
Miami -Dade County, in collaboration with the Village and the NMMA, and implemented for the
2016 and 2017 Boat Shows.
The NMMA's agreement to adhere to MOT plans consistent with the objectives identified
in this paragraph will include the following:
a. Alternative Modes of Transportation: NMMA agrees to promote and provide
water -taxis and shuttle buses as alternative modes of transportation to reduce traffic
impact on the Rickenbacker Causeway. The NMMA agrees to promote park and
ride off -site parking on the mainland, in addition to promoting limited pre -paid
parking on Virginia Key, and alternate modes of transportation with all online ticket
sales.
b. Cooperation: NMMA agrees to consult with the Village Chief of Police, or the
Chief of Police's designee, in connection with the development of the MOT for the
Boat Show. The NMMA also agrees to provide the Village Chief of Police with a
final MOT plan in advance of all future Boat Shows on the Property, and shall do
so as soon as reasonably possible following NMMA's receipt of the final MOT
plan.
c. Signage: The MOT provides for variable message signs to guide attendees to
appropriate routes to the Boat Show from I-95, satellite parking sites, and turn
around areas. Signage will include, but not necessarily be limited to, the following:
i. Signage at the Rickenbacker Causeway toll booth entrance, as approved in
the MOT;
ii. Signage along 1-95 and the Rickenbacker Causeway directing Boat Show
traffic to available off -site public parking and park and ride locations; and
iii. Temporary signage along Rickenbacker Causeway directing traffic to Boat
Show traffic lanes, parking lots, turning lanes and Boat Show Entrance.
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d. Traffic Control: The MOT provides designated lanes for Boat Show traffic and
thru traffic to Key Biscayne, so as to avoid any unreasonable impediments to the
flow of traffic. The NMMA will use its best efforts to work with the County to
ensure that travel times and average speeds recorded on Boat Show days are
reasonably consistent with those recorded during the 2016 and 2017 Boat Shows.
To the extent reasonably possible, the MOT will be developed to manage and limit
left turns in either direction so as to minimize interruptions on the Causeway.
e. Water -Taxis: The NMMA will only use licensed water -taxi operators in the
number and class permitted in the County -approved Marine Facilities Operating
Permits (MOPs).
f. Bus Transportation: The NMMA will use bus dispatchers to aid in preventing
buses from stacking up within the Rickenbacker Causeway, loading and unloading
passengers, and maintaining a fluid shuttle bus circulation.
g.
Car Service Drop-Off/VIP Prepaid Parking: Drop off for Taxi, Uber, and other
for -hire car services and prepaid VIP parking will manage and minimize stacking
as approved in the MOT to reduce traffic impact on the Rickenbacker Causeway.
The NMMA will work with the City of Miami taxi regulators, and other for -hire
car operators such as Uber and Lyft, to establish designated drop-off points on the
north side of Rickenbacker Causeway to guard against stacking within the
Rickenbacker Causeway.
h. Parking on Virginia Key: The NMMA will use best efforts not to exceed 4,000
pre -paid parking spaces per day on Virginia Key and agrees that the total number
of pre -paid parking spaces on Virginia Key will not exceed 4,500 parking spaces
per day.
i. Public Safety and Traffic Control Personnel: The NMMA will pay for all
appropriate law enforcement personnel to direct traffic on Rickenbacker Causeway
as required in the MOT.
J•
Pedestrian Fencing: The MOT shall provide for the use of pedestrian fencing
along the south side and other areas as appropriate along the Rickenbacker
causeway to promote safe crossings, discourage unauthorized pedestrian crossing
and passenger drop-off, and to discourage Boat Show parking in the Hobie Beach
parking lot.
The Parties understand that some of the obligations contained herein are subject to approval
and cooperation from the appropriate governmental authorities. The NMMA will use their best
efforts to obtain approval and cooperation from the appropriate governmental authorities to meet
the objectives and obtain the appropriate approvals identified in this Agreement.
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4. Environmental Protection and Compliance. NMMA covenants and agrees to
abide by all conditions related to environmental protection contained within the Permit and the
Miami -Dade County Class I Permit # CLI-2017-0185, as may be modified for future Boat Shows
(the "DERM Permit"). NMMA further agrees to use its best efforts to: (i) monitor sea -trial traffic
related to the Boat Show to aid compliance with the authorized designated travel routes outlined
in the DERM Permit and other legal waterway routes; and (ii) work with the appropriate
governmental agencies to aid in preventing entry or disruption to the Bill Sadowski Critical
Wildlife Area, including additional signage and/or monitoring, if necessary.
5. Future Challenges. The Village agrees that, following the Effective Date, it shall
not file any lawsuit or bring any claim against the NMMA based on allegations that the 2016,
2017, or 2018 Boat Shows constituted a public nuisance. Notwithstanding the foregoing, the
Parties agree that no provision in this Agreement, including the Village's voluntary dismissal of
the Public Nuisance Claim in the City Lawsuit and the Village's voluntary dismissal of the Other
Litigation, pursuant to Paragraph 2, shall act as a bar to the Village's ability to assert a future
challenge against the City or NMMA or otherwise relating to the Boat Show to be conducted in
2019 or subsequent years, or relating to other uses of Virginia Key.
6. Merger and Integration. This Agreement incorporates, embodies, expresses, and
supersedes all agreements and understandings between the Parties. All Parties agree and represent
that there are no representations upon which they relied in entering into this Agreement that are
not set forth in writing in this Agreement.
7. Governing Law. This Agreement shall be deemed to constitute a contract made
and entered into under the laws of the State of Florida. For all purposes, this Agreement shall be
construed and governed in accordance with the laws of the State of Florida without regard to its
principles on conflict of laws. The Circuit Court in Miami -Dade County, Florida shall be the sole
and exclusive jurisdiction to enforce the terms of this Agreement.
8. Severability. If any provision or term of this Agreement is deemed to be illegal or
unenforceable in any respect, such provision or term, to the extent illegal or unenforceable shall
not affect any other provision or term hereof, and this Agreement shall be construed as if such
provision or term had never been contained herein.
9. Amendment. This Agreement may be amended only by a subsequent agreement,
in writing, signed by the Party to be charged.
10. Comprehension of Terms. The Parties hereby acknowledge that they have
entered into this Agreement freely and voluntarily and without coercion or undue influence. The
Parties have each retained their own counsel who has reviewed and participated in the drafting of
this Agreement. Accordingly, this Agreement is deemed to have been jointly drafted by the
Parties, and any uncertainty or ambiguity shall not be construed for or against any Party as an
attribution of drafting by any Party.
11. Third Party Beneficiaries. There are no express or implied third -party
beneficiaries under this Agreement.
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12. Headings. The titles and headings of the various sections of this Agreement are
intended solely for convenience of reference and shall not be construed as an explanation,
modification, or intended construction of any terms or provisions of this Agreement.
13. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original and all of which collectively shall be deemed one and the
same instrument. Executed counterparts of this Agreement delivered by facsimile or electronic
mail shall be deemed original documents for all purposes.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
Effective Date.
ATTEST:
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Print Name: Tnni(Cr Medv"t\
Date: S/ g//
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PriritegN e
576
Date
VILLAGE OF KEY BISCAYNE, FLORIDA
Pri Name:
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NATIONAL MARINE MANUFACTURERS
ASSOCIATION, INC.
By:
Print Name:
Title:
Date:
Witness Signature
Printed Name
Date
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