HomeMy Public PortalAboutResolution No. 23-060 - Peleg Settlement AgreementSponsored by: City Attorney
RESOLUTION NO. 23-060
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT
AGREEMENT IN THE CASE OF PELEG GROUP (USA) LLC. V.
MIAMI-DADE COUNTY AND CITY OF OPA-LOCKA;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 31, 2022, Plaintiffs, Peleg Group (USA) LLC and Opa
Locka Warehouse Condominium Association, Inc., initiated a lawsuit in the Circuit
Court for Eleventh Judicial Circuit in and for Miami -Dade County, Florida, through
which Plaintiffs sought recovery of damages for Breach of Contract and Injunctive Relief
that allegedly arose out of the City's provision of and billing for water service, as well as
the City's termination of Plaintiffs' water service (hereinafter, the "Lawsuit"); and
WHEREAS, the parties have agreed to settle all issues involved with the Lawsuit;
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, the City Commission hereby accepts the recommendation of the City
Attorney's Office to settle this matter consistent with the Agreement, set forth as 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" with City receiving
funds from Plaintiff.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby approves the settlement
agreement between the Plaintiffs, Peleg Group (USA) LLC and Opa Locka Warehouse
Resolution No. 23-060
Condominium Association, Inc, 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.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager and with subsequent approval by the City Attorney, without need of public
hearing, by filing a corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by the
Governor of the State of Florida or Governor's designee.
PASSED and ADOPTED this 10th day of May, 2023.
TEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SU ICIENCY:
,,l r'
3is-W
B rn edette No eeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
John H/' aylr, Jr., Mayor
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Resolution No. 23-060
VOTE: 5-0
Commissioner Williams YES
Commissioner Kelley YES
Commissioner Bass YES
Vice Mayor Ervin YES
Mayor Taylor YES
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release is entered into this _ day of , 2023, by
and between PELEG GROUP (USA) LLC and OPA LOCKA WAREHOUSE
CONDOMINIUM ASSOCIATION, INC. ("PLAINTIFFS" ) AND the CITY OF OPA-
LOCKA, a Florida Municipal Corporation (the "City") (collectively the "Parties").
WHEREAS, PLAINTIFFS initiated a lawsuit in the Circuit Court for Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, CASE NO. 2022 -020831 -CA -01, against
Miami -Dade Water and Sewer Department ("Miami -Dade") seeking damages for Breach of
Contract and Injunctive Relief that allegedly arose out of the City's provision of, and billing for,
water service to PLAIN'llr'FS as well as the City's termination of PLAINTIFFS' water service
(hereinafter, the "Lawsuit"); and
WHEREAS Miami -Dade has a contract with the City to provide billing and other
services related to the provision of water to customers within the City in which the City has
agreed to indemnify Miami -Dade;
WHEREAS, the City and PLAINTIFFS (the "Parties") want to avoid the associated
expense and uncertainty of litigation, and, therefore, desire to amicably resolve their dispute and
settle all of their respective claims,
NOW, THEREFORE, in consideration of the foregoing recitals and following premises,
terms and conditions and for other good and valuable consideration, the receipt and sufficiency
of which the Parties acknowledge, the Parties agree as follows:
TERMS AND CONDITIONS
1. Incorporation of Recitals. The Parties agree that the above recitals are true and
correct and that those recitals are incorporated by reference and form a part of this Agreement
2. Effective Date. The Effective Date of this Agreement shall be the date when
both of the Parties shall have approved this Agreement, following its approval, by resolution, of
the City Commission for the City of Opa-locka, Florida.
3. Consequence Upon Failure to Obtain City Commission Approval. If the City
Commission of the City of Opa-locka (the "City Commission") does not approve this
Agreement, the Parties shall return to the status quo existing before the Parties' preparation of
this Agreement, and the fact that the City and PLAINTIFFS sought to negotiate a resolution to
their dispute, including any supporting documents necessary to present this Agreement to the
City Commission, shall be inadmissible for all reasons and shall not prejudice any of their pre-
existing rights and remedies with respect to each other or any other person or entity.
4. Agreement to Settle: No Admission of Liability. Subject to the terms and
conditions of this Agreement, the Parties hereby agree that the terms of this Agreement, the
payment of any monies, or any other action of forbearance taken pursuant to this Agreement
shall in no way constitute, nor be construed as, an admission of liability or acknowledgment of
the validity of any allegation, finding or conclusion, by the Parties, or their respective agents, but
rather are made as a contractual settlement by way of compromise for the purpose of settling the
claims, controversies, and differences addressed herein and to avoid the expense and uncertainty
of litigation. Moreover, this Agreement shall not be admissible in any proceeding for any
purpose, except for the purpose of establishing a claim of default or violation of the provisions
contained herein.
a. Payment Terms and Other Obligations. Following receipt of this signed
Settlement Agreement and Release, PLAINTIFFS shall pay unto DEFENDANT CITY OF
OPA-LOCKA the total sum of $94,760.74 USD (Ninety Four Thousand Seven Hundred and Six
Dollars and 74/100 Cents) hereinafter referred to as the "Settlement Sum") for payment of all
past due water charges relating to Opa-Locka water account number 0551627877 and 02739-03,
service address 14615 NW 135th 27th Avenue, in the name of PLAINTIFFS, through March 10,
2023. The Settlement Sum represents all past due water charges owed by the PLAINTIFFS'
through March 10, 2023 to the City and Miami -Dade. The $94,760.74 shall be paid by
PLAINTIFFS in 12 monthly installments of $7896.73 each, on the first of each month, beginning
with the first month following the Effective Date.
PLAINTIFFS shall also remain current on its payments on account number 0551627877
managed by Miami Dade for the benefit of the City of Opa-locka, failing which water service
will be terminated. As long as PLAINTIFFS' remain current on their payments of the Settlement
Sum and all future charges on account number 0551627877 the City, or Miami -Dade, on behalf
of the City, will not terminate PLAINTIFFS' water service. PLAINTFFS' compliance with
the foregoing payment terms and other obligations shall fully and completely settle all matters in
dispute in the Lawsuit.
b. Payment Method. PLAINTIFFS shall pay the Settlement Sum due above to the City by
cashier's check to the order of City of Opa-Locka, sent by overnight courier to Burnadette
Norris -Weeks P.A., 401 NW 7th avenue, Fort Lauderdale, FL 33311.
c. Bond. The parties agree that the injunction bond posted by PLAINTIFFS' should be
dissolved and all funds under the bond shall be released back to the PLAINTIFFS'.
5. PLAINTIFFS' Release. Upon execution of this Settlement Agreement and in
consideration of the terms herein contained, PLAINTIFFS, and their subsidiaries, affiliates,
successors and assigns hereby release, acquit, satisfy, and forever discharge the CITY and
MIAMI-DADE, and their officials, employees, attomeys and representatives, 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 pertain to any cause of action raised in, that
could have been raised in, or arising out of the Lawsuit.
6. Dismissal of the Lawsuit. Within ten (10) days of the Effective Date of this
Agreement, PLAINTIFFS' counsel shall file a Notice of Voluntary Dismissal with prejudice in
the Lawsuit and shall also vacate the preliminary injunction granted in the Lawsuit Each Party
agrees to bear its own attorneys' fees and costs.
7. Florida Law Applies; Exclusive Venue. This Agreement shall be construed
under the laws of the State of Florida without regard to its choice of law provisions. Venue for
any dispute arising out of this Agreement shall lie exclusively with Judges in Section 44 of the
Complex Business Litigation Division in the Eleventh Judicial Circuit in and for Miami -Dade
County.
8. Entire Agreement: Modification. This Agreement together with all documents
required to be executed hereunder constitutes the entire agreement and understanding between
the Parties to this Agreement with respect to the subject matter of this Agreement. No
supplement, modification, or amendment to this Agreement shall be binding unless it is duly
executed in writing by all Parties.
9. Rule of Construction: Opportunity to Review. The Parties represent and agree
that they have participated equally in the negotiation of the terms and provisions set forth in this
Agreement and that no presumptions or inference shall apply against any Party hereto as to its
construction. The Parties declare that (a) they have completely read the terms of this
Agreement, (b) they have discussed the terms of the Agreement with legal counsel of their
choice, and (c) they fully understand and voluntarily accept the terms for the purpose of making
a full and final compromise, adjustment and settlement of claims.
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10. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Parties hereto and their respective heirs, executors, administrators, representatives,
agents, attorneys, officers, directors, predecessors, affiliates, parents, subsidiaries, successors or
assigns in connection with any legal action arising out of the Agreement.
12. Authority to Execute and Bind. By executing this Agreement, the undersigned
warrant and represent that they are authorized to enter into this Agreement and empowered to
bind their respective Parties to these terms and, where applicable, their parents, affiliates,
subsidiaries, successors, assignees and related entities. Further, the Parties represent that they
have not assigned any of their respective rights or claims that are the subject of this Agreement
to any third party.
13. Captions. The captions or headings in this Agreement are for convenience only
and in no way define, limit, or describe the scope or intent of any provisions of this Agreement.
14. Severability. The Parties have attempted to create an Agreement that is lawful
and enforceable in all respects. The validity of this Agreement shall not be affected by any
subsequent changes in federal, state or County law, whether through legislation or judicial
interpretation, which create, eliminate, or change the rights and obligations of the Parties.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to
be effective and valid under applicable law. However, if any provision of this Agreement is held
to be invalid, void, or unenforceable, the balance of the provisions shall, nevertheless, remain in
full force and effect and shall in no way be affected, impaired, or invalidated.
15. Counterparts; Electronic Signatures. The Parties agree that this Agreement,
and any and all other documents in connection with this Agreement, may be executed in one or
more counterparts, each of which shall be deemed an original but all of which shall together
constitute one and the same Agreement This Agreement may be executed as facsimile, email, or
electronic originals, and each copy of this Agreement bearing the facsimile, email, or electronic
transmitted signature of any Party's authorized representative shall be deemed to be an original.
(Remainder of Page Left Blank Intentionally)
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement and
Release by their duly authorized representatives as of the date of year appearing by their
respective signatures.
(SIGNATURES CONTINUE ON NEXT PAGES)
IN THE -PRESENCE 0
WITNESS Name: /of P6E1
Title: pRE-10,5 r
PELEG GROUP (USA), LLC
STATE OF FLORIDA
COUNTY OF I'`\ Cl W1 - c) act e
Before me, the undersigned authority, this 2Sday of 1)9'(t , 2023 personally
appeared f ve t e 5_ , on behalf of PELEG GROUP (USA), LLC
who, after being duly sworn, deposed and stated that he has read the above and foregoing
Settlement Agreement and Release, and that he knows and appreciates the contents thereof, and
has executed same of his own free act and deed.
Personally Known
Produced as identification
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Name M I (V-C.E.
Title ('RE sr°OT
OPA LOCKA WAREHOUSE CONDOMINIUM
ASSOCIATION, INC.
Before me l;elhndez L.
signed authority, this day of 2023 personally
appeared , f'Pi E on behalf of OPA LOCKA W HOUSE CONDOMINIUM
ASSOCIATION, INC. o, after being duly sworn, deposed and stated that he has read the
above and foregoing Se ement Agreement and Release, and that he knows and appreciates the
contents thereof, and bas executed same of his own free act and deed.
Personally Known
Produced as identification
JOSE H. RIVERA
MY COMMISSION #HH257b09
EXPIRES: APR 25, 2026
Bonded through 1st State Insurance