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