HomeMy Public PortalAbout1992-21 Acceptance of asigment of Case No. 90-61564 (CA 32) from Key Biscayne Council92-21
RESOLUTION NO.
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. 90-61564 (CA 32),
IN THE CIRCUIT COURT IN AND FOR DADE COUNTY,
FLORIDA; AUTHORIZING THE VILLAGE ATTORNEY TO
MOVE FOR SUBSTITUTION OF PARTIES AND A STAY OF
PROCEEDINGS PENDING COMPLETE RESOLUTION OF THE
MATHESON LAWSUIT; AND PROVIDING 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. Metropolitan Dade County, bearing
Case No. 90-61564 (CA 32) now pending in the Circuit Court in and
for Dade County, Florida;
WHEREAS, it has been determined that it is in the best
interest of the Village to ascertain how that certain litigation
styled Matheson v. Metropolitan Dade County, Case No. 91-3207 (CA
5), currently on appeal from the Dade County Circuit Court to the
Third District Court of Appeal, Metropolitan Dade County v.
Matheson, Appellate Case No. 92-1069 (the "Matheson Lawsuit"),
shall be resolved following all appeals of any issues raised
therein;
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
EXHIBIT "A"
ASSIGNMENT
This is an Assignment ("Assignment") made by the Key Biscayne
Council, Inc. (the "Council"), a Florida corporation, in favor of
the Village of Key Biscayne (the "Village"), a Florida municipal
corporation.
RECITALS
On or about December 21, 1990, the Council filed a lawsuit in
the Circuit Court of the Eleventh Judicial Circuit in and for Dade
County, Florida styled Key Biscayne Council, Inc. v. Metropolitan
Dade County, Case No. 90-61564 (CA 32) (the "Case"). 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 with regard to the Case.
NOW, 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
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
day of July, 1992.
KEY BISCAYNE COUNCIL, INC.
By:
Bett Sime
IN WITNESS WHEREOF the Village has accepted this Assignment
this „2 day of July, 1992.
Atte
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THE VILLAGE OF KEY BISCAYNE, a
municipal corporation
By:
Rakael Conte, Mayor