HomeMy Public PortalAboutResolution No. 23-145 Approving a settlement agreement in the case of 1940 Washington AvenueSponsored by: City Attorney
RESOLUTION NO. 23-145
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT
AGREEMENT IN THE CASE OF 1940 WASHINGTON AVENUE,
LLC V. MIAMI-DADE COUNTY AND CITY OF OPA-LOCKA;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Plaintiff, 1940 Washington Avenue, LLC initiated a lawsuit in the
Circuit Court for Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
through which Plaintiffs sought quiet title, declaratory and injunctive relief, as well as
damages for alleged slander of title allegedly arising out of the City's provision of, and
billing for, water service to Plaintiff (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 Plaintiff, 1940 Washington Avenue, LLC, and the City of Opa-
Locka, consistent with the Agreement, attached hereto as Exhibit "A"; and further
authorizes the Interim City Manager to take all necessary action consistent with this
Resolution.
Resolution No. 23-145
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 27th day of Septem , 2023.
John H. ylor Jr., Mayor
ATTEST:
o nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
("6(ke; t IF41W
Burnadette Norris -Weeks, P.A.
City Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Williams
2
Resolution No. 23-145
VOTE: 5-0
Commissioner Williams YES
Commissioner Kelley YES
Commissioner Bass YES
Vice Mayor Ervin YES
Mayor Taylor YES
3
EXECUTION COPY
SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release is entered into this day of May, 2023, by
and between 1940 WASHINGTON AVENUE LLC ("PLAINTIFF" ) and the CITY OF OPA-
LOCKA, a Florida Municipal Corporation (the "City") (collectively the "Parties").
WHEREAS, PLAINTIFF initiated a lawsuit in the Circuit Court for Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, CASE NO. Case No. 2022 -010565 -CA -01,
against the City of Opa-locka seeking to quiet title, obtain declaratory and injunctive relief, as
well as damages for alleged slander of title allegedly arising out of the City's provision of, and
billing for, water service to PLAINTIFF (hereinafter, the "Lawsuit"); and
WHEREAS, the City and PLAINTIFF (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 PLAINTIFF 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, PLAINTIFF shall pay unto DEFENDANT, CITY OF OPA-LOCKA the
total sum of $36,861.75 (Thirty Six Thousand Eight Hundred Sixty One & 75/100 dollars)
(hereinafter referred to as the "Settlement Sum") for the alleged past water usage by
PLAINTIFF. Payments will be made in monthly installments of $1,000.00, commencing
immediately upon the execution of this Agreement, and every 1St of the month thereafter, with a
final payment of $1,861.75 as the 36th and final installment. The Settlement Sum represents all
past due water charges owed by the PLAINTIFF through May 1, 2023 to the City.
After the first payment of $1,000, Plaintiff will be allowed to open a water account in the City of
Opa-locka. As long as PLAINTIFF remains current on its payments of the Settlement Sum and
all future charges on any account with the City, or Miami -Dade, on behalf of the City, the City
will not terminate PLAINTIFF's water service. PLAINTIFF's compliance with the foregoing
payment terms and other obligations shall fully and completely settle all matters in dispute in the
Lawsuit, including any counterclaim.
b. Payment Method. PLAINTIFF 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.
5. PLAINTIFF's Limited Release. Upon execution of this Settlement Agreement
and in consideration of the terms herein contained, PLAINTIFF, and its subsidiaries, affiliates,
successors and assigns hereby release, acquit, satisfy, and forever discharge the City and their
officials, employees, attorneys and representatives, from any and all actions and causes of
actions, damages, judgments, claims, counterclaims and demands that pertain to the matters
which were the subject of this action.
6. CITY'S Limited Release. Following execution of this Settlement Agreement
and PLAINTIFF's payment of the Settlement Sum, City, and its subsidiaries, affiliates,
successors and assigns hereby release, acquit, satisfy, and forever discharge the PLAINTIFF and
it's officers, employees, attorneys and representatives, from any and all actions and causes of
actions, damages, judgments, claims, counterclaims and demands that pertain to the matters
which were the subject of this action.
7. Dismissal of the Lawsuit. Within ten (10) days of the Effective Date of this
Agreement, PLAINTIFF's counsel shall file a Notice of Voluntary Dismissal with prejudice in
the Lawsuit. Each Party agrees to bear its own attorneys' fees and costs.
8. 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. The Court shall retain jurisdiction to enforce the terms of this Agreement.
9. 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.
10. 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.
11. 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.
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement and
Release by their duly authorized representatives as of the date and year appearing by their
respective signatures.
ATTEST:
By:
City Clerk
STATE OF FLORIDA
COUNTY OF
CITY OF OPA LOCKA, FLORIDA
BY ITS BOARD OF CITY
COMMISSIONERS
By:
City Mayor
Date:
Before me, the undersigned authority, this day of , 2023 personally
appeared , on behalf of 1940 WASHINGTON
AVENUE 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
IN THE PRESENCE OF
/67
WITNESS ; �� c: ti\A
T e: • . .
1940 %VASHI` I N AVENUE, LLC
Date: /"D -6—D-3