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
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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
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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
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