HomeMy Public PortalAbout1992-13 Acceptance of assignment of Case No. 91-49040 from Key Biscayne CouncilRESOLUTION NO. Q a -1 3
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING
FOR THE ACCEPTANCE OF AN ASSIGNMENT FROM THE
KEY BISCAYNE COUNCIL, INC. TRANSFERRING ITS
CAUSES OF ACTION IN CASE NO. 91-49040 (CA -8),
IN THE CIRCUIT COURT IN AND FOR DADE COUNTY,
FLORIDA AND PROVIDE FOR AN EFFECTIVE DATE
WHEREAS, it has been determined that it is in the best
interest of the Village to accept an assignment from the Key
Biscayne Council, Inc., of the causes of action in the case styled
Key Biscayne Council, Inc. v. Dade County and Marine Exhibition
Corporation, bearing Case No. 91-49040 (CA -8) now pending in the
Circuit Court in and for Dade County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Acceptance of Assignment That the Village
accepts the Assignment, a copy of which is attached as Exhibit "A"
to this Resolution.
Section 2. Effective Date This Resolution will become
effective upon adoption.
PASSED AND ADOPTED this day Qf February, 1992.
RAFAZ H. CONTE, MAYOR
ATTEST:
Beatris Arguelles, Irktlerim Village Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
Rich d Jay Weiss, Village Attorney
ASSIGNMENT
This is an Assignment ("Assignment") made by the Key Biscayne
Council, Inc., a Florida corporation (the "Council") in favor of
the Village of Key Biscayne, a Florida municipal corporation (the
"Village").
RECITALS
On July 25, 1991, the Metropolitan Dade County Commission
passed and adopted Resolution Nos. Z -131A-91 and Z-131-91 (the
"Resolutions"). On or about October 25, 1991 the Council filed a
Complaint (subsequently amended) in the Circuit Court of the
Eleventh Judicial Circuit styled Key Biscayne Council, Inc. v.
Metropolitan Dade County and Marine Exhibition Corp., Case No. 91-
49040 (CA 19) (the "Case") in which the Council challenged the
propriety of the Resolutions. The Council wishes to transfer its
interest in the Case and each cause of action therein to the
Village and the Village wishes to accept the Council's rights and
interests and assume its obligation with rights to prosecute the
Case.
ROW, THEREFORE, in consideration of the mutual promises
contained in this Assignment and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged (including but not limited to the payment of all costs
and fees incident to the prosecution of the Case), the Council
hereby conveys, assigns and transfers to the Village all of its
right, title and interest in the Case and each cause of action
therein, upon the following terms and conditions.
1. Reversion. The Council acknowledges that the Village
intends to file a motion with the circuit court requesting that the
Village be substituted for the Council or otherwise be permitted to
pursue the Case pursuant to the Assignment. In the event that the
Village for any reason is unable or prohibited from prosecuting the
Case in accordance with the Assignment, the rights and interests
transferred by the Assignment shall revert to the Council without
further action by the Council or the Village.
2. Limitation of Assignment. The Assignment and the
assumption by the Village is limited to the rights and obligations
arising out of the Case and each cause of actin therein. The
Council, by this Assignment, does not assign any rights nor does
the Village assume any obligations or liabilities which are not
directly related to the pursuit of the Case.
3. Assumption. By its execution of this Assignment, the
Village hereby accepts Council's rights, interests and ability to
prosecute the Case, which may include resolving the disputes at
issue in any manner the Village, in it sole discretion, deems
appropriate.
4. Governing Law. The Assignment shall be governed by the
laws of the State of Florida.
5. Authority. The Council in making the Assignment
represents and warrants that it has full authority to make the
Assignment and through its Board of Directors has taken all action
necessary to cause the Assignment to be a valid and binding action
by the Council.
IMO
2
6. Recitals. The Recitals set forth in the Assignment are
true, correct and are fully incorporated into the Assignment.
7. Severability. In the event any term or provision of this
Assignment is determined by appropriate judicial authority to be
illegal or otherwise invalid, such provision shall be given its
nearest legal meaning or be construed as deleted as such authority
determines, and the remainder of this Assignment shall be construed
to be in full force and effect.
IN WITNESS WHEREOF, the Council has caused this Assignment to
be executed this 0, day of February, 1992.
Attest: KEY BISCAYNE COUNCIL, INC.
By V- p
Betty:Sime, Chairperson
IA WITNESS WHEREOF, the Village has accepted this Assignment
this Ca- day of February, 1992.
THE VILLAGE OF KEY BISCAYNE, a
municipal corporation
Attest:
Beatris Aue 1 rg s, C
3
OMB
By
1 Conte, Mayor