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HomeMy Public PortalAbout2002-28 Approving the Settlement of the Litigation of Gardens of Key Biscayne v. Key Biscayne Ocean Club, Ltd and VKBRESOLUTION NO. 2002-28 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE SETTLEMENT OF THE LITIGATION STYLED THE GARDENS OF KEY BISCAYNE/ALHAMBRA ASSOCIATION, INC. V. KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP AND THE VILLAGE OF KEY BISCAYNE, CIRCUIT COURT CASE NO: 99-28280 CA 06; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND TO TAKE ALL STEPS NECESSARY TO IMPLEMENT THE SETTLEMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") is a defendant in the litigation styled The Gardens of Key Biscayne/Alhambra Association, Inc. v. Key Biscayne Ocean Club Limited Partnership and The Village of Key Biscayne, Circuit Court Case No: 99-28280 CA 06; and WHEREAS, the plaintiffs have offered to settle the litigation on the terms set forth in the July 1, 2002 memorandum from the Village Attorney attached to this Resolution as Exhibit "A"; and WHEREAS, the Village Council has considered the terms of the settlement as described in the attached Memorandum. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Approval of Settlement Terms. The Village Council hereby agrees to the terms of the settlement as reflected in the attached memorandum. Section 2. Execution of Settlement Agreement. The Village Council hereby authorizes the Village Manager to enter into a written settlement agreement which incorporates each of the terms set forth in the attached memorandum, including the recommendations of the Village Attorney described in the memorandum. The Village Council further authorizes the Village Manager to take all steps necessary to implement the terms of a settlement agreement. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this.2nd day of July, 2002. A/4d," MAYOR JOE I. RASCO CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC e-- RICHARD Y WE : Si ILL GE ATTORNEY 2 JUL-25-2002 THU 09:50 AM FAX NO. P. 02 EXHIBIT "A" 'Weiss Serota Hc,1fman Pastoriza 8z. Guedes, P . Memo To: The Honorable Mayo, and Members of the Village Council From: Stephen J. I Iclftna Date: July 1, 2002 Re: Gardens of Kcy Biscayne v. Key Biscayne Ocean Club, I.td and thc Village of Key Biscayne As some of you may know, a formal mediation was held on June 26, 2002, in an attempt to settle thc above -referenced litigation. The mediator was Gerald Wetherington, a former Miami -Dade County Circuit Court judge, The parties in attendance were John Hinson on behalf of the Ocean Club, Jeffrey Jacobs and Linda Marks on behalf of the Gardens of Kcy Biscayne Condominium, Mayor Rasco, Jacqueline Menendez and Armando Nunez attended on behalf of the Village of Key Biscayne. The mediation was quite successful, At the end of several hours of mediation, the Gardens of Key Biscayne agreed to dismiss the lawsuit with prejudice. In consideration for the dismissal, they requested the following from the Ocean Club and the Village: 1. A $5,000,00 payment by the Ocean Club to ,the Gardens of Key Biscayne Condominium, which Mr. Hinson agreed to; and 2. An agreement by the Village to set the operating hours of the park from 6 a.m. to 11 p.m. daily, which was acceptable to the Mayor, Village Manager, and Mr. Nunez, but JUL-25-2002 THU 09:50 AM FAX N0, P. 03 requires the Council's approval. Under the terms which we negotiated, the Village Council would initially sct the hours as requested, but would have the right at any time to change these hours of operation in order to protect the "health, safety, and welfare" of the Village residents. Any change in operating hours would have to be approved by the Village Council at a public meeting with prior notice to the Gardens of Ivey Biscayne Condominium Associal ion. In addition to the payment and operating hours, (he parties agreed that each would be responsible for their own attorney fees and the Ocean Club agreed to dismiss counterclaims it had asserted against the Gardens_ While we believe the suit against the Village lacked any merit and the Village would likely prevail in the event of further court proceedings, I would recommend that the Council approve the terms set forth above (including the right to modify the hours of operation) and authorize the Manager to execute a settlement agreement which includes the terms described in this memorandum and to further authorize the Manager to take all steps necessary to implement the settlement. SJH/mas 103.039 Attachment 2