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HomeMy Public PortalAbout1994-35 Dade County lawsuit settlementRESOLUTION NO. 94-35 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AUTHORIZING THE EXECUTION OF APPROPRIATE DOCUMENTS FOR THE PURPOSE OF RESOLVING THE LAWSUIT ENTITLED VILLAGE OF KEY BISCAYNE VS. DADE COUNTY, CASE NO. 90- 61564CA32, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA INVOLVING THE INTERNATIONAL TENNIS CENTER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is currently pending a lawsuit entitled Village of Key Biscayne vs. Dade County, Case No. 90-61564CA32, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida wherein the Village challenged the erection of the International Tennis Center ("ITC") by Metropolitan Dade County as violative of the Metropolitan Dade County Development Master Plan; and WHEREAS, this Council wishes to resolve such litigation by filing of a restrictive covenant by the County which restricts the uses of the ITC; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Mayor and Village Attorney are hereby authorized to execute appropriate documents in order to dismiss with prejudice the lawsuit entitled Village of Key Biscayne vs. Dade County, Case No. 90-61564CA32, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida and to file such documents with the Court in exchange for a recorded restrictive covenant in the form attached hereto as Exhibit "A". Section 2. This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of September , 1994. ATTEST: GUIDO H. NGUANZO, JR., VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: • RICAARD J. WEISS, VILLAGE ATTORNEY • 2 R JOHN F. FESTA