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Home My Public Portal About16-9247 Approving Settlement with Grace Academy International Sponsored by: City Attorney RESOLUTION NO. 16-9247 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A SETTLEMENT BETWEEN GRACE ACADEMY INTERNATIONAL, INC. AND THE CITY OF OPA-LOCKA (EXHIBIT "A"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City has been sued in Grace Academy Int'1, Inc. vs. City of Opa-locka, Florida, case number: 2016-1013329-CA-01, for breach of its lease with the City, and the City counter-claimed; and WHEREAS, The City has an opportunity to settle (EXHIBIT "A") this matter and receive $67,500.00 from Grace Academy International and reduce its costs of litigation and damages; and WHEREAS, It is in the best interest of the City to settle this lawsuit; and NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference; Section 2. The City Manager and the City Attorney are hereby authorized to accept and execute the settlement (EXHIBIT "A") in Grace Academy Intl, Inc. vs. City of Opa-locka, Florida; case number: 2016-1013329-CA-01 Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the approval of the State of Florida Financial Oversight Board. PASSED AND ADOPTED this 28th day of September, 2016. Resolution No. 16-9247 yra . aylor Mayor Attest to: Approved as to form and legal sufficiency: t� 1 i I►a A„:„... J•Inna Flores Vincent T. Brown, Esq. City Clerk The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER RILEY Commissioner Vote: 4-0 Commissioner Kelley: NOT PRESENT Commissioner Riley: YES Commissioner Santiago: YES Vice Mayor Holmes: YES Mayor Taylor: YES SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is entered into by and between Defendant/Counter-Plaintiff, The City of Opa-Locka (hereinafter referred to as "The City"), and Plaintiff/Counter-Defendant, Grace Academy International, Inc. (hereinafter referred to as "Grace Academy"). Defendant/Counter-Plaintiff and Plaintiff/Counter-Defendant shall sometimes hereinafter be collectively referred to as the "Parties." RECITALS WHEREAS, The City and Grace Academy entered into a Lease Agreement on dated July 1St, 2015, whereby Tenant leased from Defendant/Counter-Plainitiff certain Premises located at 780 Fisherman Street, Suite 210, Opa-locka, FL 33054 (hereinafter the "Lease"); WHEREAS, The City for all the years subsequent to the contract allowed Counter-Defendant to enjoy the use of the premises as per the Lease until payments stopped on April 1, 2016 and thereafter; WHEREAS, the Lease is the subject of a lawsuit currently pending in Miami Dade Circuit Court, Case No. 16-1013329-CA-01(the "Lawsuit"); WHEREAS,the parties have agreed to compromise and settle the claims between the parties pending in the Lawsuit with Grace Academy agreeing to bear the cost of the City's attorney fees and costs; WHEREAS, the Parties have negotiated this Agreement and agree that it is a fair and equitable resolution of their disputes. The Parties agree that this Agreement represents an arm's length negotiation involving due deliberation and that this Agreement is neither the product of coercion nor have the Parties been unduly influenced by any other person or entity to enter into said Agreement. The Parties are represented by counsel or have had a full and fair opportunity to consult with counsel. NOW, THEREFORE, on the basis of the foregoing recitals and in consideration of the mutual covenants under this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties contract and agree as follows: 1. The Parties agree that the above recitals are true and correct and are incorporated as a material part of this Agreement. 2. Grace Academy shall pay The City the total settlement amount of $67,500.00 (Sixty Seven Thousand, Five Hundred Dollars and Zero Cent) on or before September , 2016. 3. Grace Academy agree to vacate the premises within Fourteen(14)days of the last day of the 2016-17 regular school year. 4. Grace Academy shall waive any and all rights to post judgment or an appeal. 5. Grace Academy agrees that going forward all rents of$1 3,750 per month must be paid on the l't day of the month with no grace period. 6. Grace Academy authorize and permit the issuance of a writ of possession if the rent is not paid by the first of the month. 7. Grace Academy agrees that the Court will enter an order in favor of the City to permit the issuance of a writ of possession should Grace Academy fail to abide by this agreement. 8. Grace Academy shall post a performance bond, adequate and sufficient enough to cover the entire period of this agreement. 9. Grace Academy shall be responsible for its share of CAM. 10. Grace Academy will agree to pay an additional $5000.00 deposit by January 1 s`2017. 11. Grace Academy shall be responsible for all repairs to the HAVC system, electrical system,plumbing,the space occupied including the hallways and extraordinary 'damage to the bathrooms. 12. For and in consideration of the before mentioned proceeds and the mutual undertakings contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged,the Parties hereby agree to stay the on going lawsuit in Miami Dade Circuit Court; Case No. 16-1013329-CA-01. 13. This Agreement is intended to be and is a commercial accommodation between the Parties hereto and shall not be construed as an admission by any party of any claim or affirmative defense asserted by any other party, nor shall this Agreement be construed as a waiver, modification, or retraction of the positions taken by any party in this action or with respect to any other non-party. 14. Upon receipt of payment and clearance of the agreed $67,500.00 (Sixty Seven Thousand, Five Hundred Dollars and Zero Cent) in settlement funds, the Parties agree to stay the ongoing lawsuit above-mentioned in paragraph 12. 15. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs, successors, assignees, affiliates, receivers, or trustees. 'Extraordinary damage shall include but not limited to reasonable wear and usage. 16. No amendments or variations of the terms of this Agreement shall be valid unless made in writing and signed by all Parties hereto. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. 17. This Agreement is fully integrated, and constitutes the entire agreement and understanding between and among the Parties with respect to the matters addressed herein and, except as set forth in this Agreement, no representations, warranties or promises have been made or relied upon by the Parties to this Agreement. 18. This Agreement is the product of informed negotiations, joint draftsmanship, and involves compromises of the Parties' previously stated legal positions. 19. The persons executing this Agreement on behalf of the Parties represent and warrant that they have the necessary authority to do so and to bind the respective Parties to the terms hereof. 20. Facsimile or scanned signatures hereto shall be acceptable, valid and binding. 21. Unless expressly noted elsewhere in this Agreement, the undersigned Parties warrant that they are not relying upon tax advice from the undersigned attorneys regarding the tax implications of the amount or form of this settlement. 22. In the event that Grace Academy fails to abide by this agreement,the City shall be entitled to a consent final judgment and the issuance of a writ of possession against Grace Academy without notice of hearing , and judgment for the full amount owed under the Agreement, plus interest, costs and attorney fees. Such judgment may be entered by the court without a hearing upon a verified pleading. 23. If any of the Parties files a lawsuit or pursues any judicial proceeding in any court to enforce the terms of this Agreement against any other Party, the prevailing one will be entitled to attorney's fees and costs for such effort. EXECUTED on behalf of the Parties, each of whom confirms by their signature below that they have read and understand this Agreement. The City of Opa-Locka BY: As Its: Date: Grace Academy International,Inc. BY: As Its: Date: