Resolution No. 2018-62 Acceptance of Satisfaction of City's Claims for Attorneys Fees (Williams Island Property Owners Association Inc. vs. City of Aventura Case 13-15004) - July 10, 2018 RESOLUTION NO. 2018-62
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING ACCEPTANCE OF
SATISFACTION OF THE CITY'S CLAIMS FOR ATTORNEYS FEES, AS
AUTHORIZED BY SECTION 57.105, FLORIDA STATUTES,
CONCERNING THE LITIGATION KNOWN AS WILLIAMS ISLAND
PROPERTY OWNERS ASSOCIATION, INC., VS. CITY OF AVENTURA,
ET AL, CIRCUIT COURT CASE NO. 13-15004, IN WHICH LITIGATION
THE CITY HAS PREVIOUSLY PREVAILED; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 23, 2013, the Williams Island Property Owners Association
(WIPOA) filed a lawsuit (to-wit: Williams Island Property Owners Association, Inc., vs. City of
Aventura, et al, Circuit Court Case No. 13- 15004) (the"Litigation") against the City of Aventura,
in an attempt to attack the City's recognition of the developer's vested rights for the development
of the Prive multifamily development on the North Island, as described in the Vested Rights
Agreement which was recorded in the Official Records of Miami-Dade County,Florida on January
23, 2006; and
WHEREAS, during the course of the Litigation, the City timely invoked the attorney fee
recovery provisions of Section 57.105, F.S.; and
WHEREAS, by Order issued in its favor on July 27, 2017, the City of Aventura's motion
for summary judgment was granted,upon the Court finding that the challenge to the Vested Rights
Agreement was barred by the five (5) year statute of limitations; and
WHEREAS, the City has timely filed its Motion for Attorney Fees in accordance with
Section 57.105, F.S.; and
WHEREAS,the responsible parties desire to amicably resolve and satisfy the City's claim
for attorney fees as provided in the attached Joint Settlement Agreement (the "Agreement"); and
WHEREAS,the City Commission, upon advice of the City Attorney, desires to accept the
respective payment of funds from WIPOA and from WIPOA's legal counsel that initiated and
maintained the litigation, in satisfaction of City's claim for attorney fees, as described in the
Agreement; and
WHEREAS, the City Commission finds that the adoption of this Resolution is in the best
interest of the City and of the residents of the City.
City of Aventura Resolution No. 2018-62
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA,FLORIDA:
Section 1. Recitals. That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are made a specific part of this Resolution.
Section 2. Settlement of City's Attorney Fee Claims.
That the City Commission hereby accepts the proposed settlement of the City's claims for
attorney fees, and approves the attached Agreement, in substantially the form attached hereto, and
authorizes the Interim City Manager to execute the Agreement on behalf of the City,once approved
by the City Attorney as to form and legal sufficiency.
Section 3. Implementation. That the Interim City Manager and City Attorney are hereby
authorized to take any and all actions which are necessary to implement this Resolution and the
Agreement.
Section 4. Effective Date. That this Resolution shall become effective immediately upon
its adoption.
The foregoing Resolution was offered by Commissioner Dr. Marks, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to a vote,the
vote was as follows:
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Absent, did not participate
Commissioner Howard Weinberg Yes
Vice Mayor Gladys Mezrahi Yes
Mayor Enid Weisman Yes
Page 2 of 3
City of Aventura Resolution No. 2018-62
PASSED AND ADOPTED THIS 10th day of July, 2018.
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ATTEST:
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ELLISA L. HORVATH4 C
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTOR Y
Page 3 of 3
JOINT SETTLEMENT AGREEMENT
This Joint Settlement Agreement is made and entered into this 10th day of July 2018
("Agreement") and sets forth the terms and conditions upon which the City of Aventura (the
"City"), Williams Island Property Owners' Association,Inc. ("WIPOA"),and Michael L. Hyman,
Esq., and Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A. (collectively,
"Siegfried Rivera"), agree to a full and complete resolution and settlement as to all monies being
sought by the City against WIPOA and Siegfried Rivera pursuant to the City's Motion for
Attorneys' Fees under Section 57.105,Florida Statutes(the"Motion"),in Case No.: 13-15004 CA
09,pending in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County,Florida
(the"Litigation"). Collectively,the City, WIPOA,and Siegfried Rivera may from time to time be
referred to as the"Parties."
The Parties agree as follows:
1. The Parties represent and warrant they are in good standing or otherwise sui juris,
have the authority and ability to enter into this Agreement, and that doing so is not ultra vires or
in conflict with their governing articles of organization, articles of incorporation, bylaws, charter,
statutes,rules or regulations.
2. This Agreement is entered into without the admission of guilt or liability by any
party.
3. WIPOA and Siegfried Rivera expressly deny any liability to the City for any
amounts claimed by the City in the Litigation.
4. WIPOA agrees to pay to the City the sum of One Hundred Twenty-Five Thousand
Dollars($125,000) (the "WIPOA Payment") upon the Agreement becoming effective as set forth
and pursuant to Paragraph 6.
5. Siegfried Rivera is desirous of making a contribution in the amount of Seventy-
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Five Thousand U.S. Dollars($75,000)to the City for the City's charter high school("the Siegfried
Payment")consistent with Siegfried Rivera's long-standing support for similar Charter Schools in
Miami-Dade County,Florida,upon the Agreement becoming effective as set forth and pursuant to
Paragraph 6.
6. Upon the execution of the Agreement by the Parties, including as to the City
pursuant to the requirements of Paragraph 14 of the Agreement, the Agreement shall become
effective,at which time, WIPOA will file a Notice of Voluntary Dismissal with Prejudice as to the
Litigation, and the City shall file a Notice of Withdrawal of the Motion with Prejudice and agrees
that it will not seek any further recourse whatsoever against WIPOA and Siegfried Rivera and
WIPOA and Siegfried Rivera agree to make the WIPOA Payment and the Siegfried Payment,
respectively, in full within 7 calendar days after the Agreement becomes effective.
7. No copy of this Agreement shall be filed in this Litigation except that this
Agreement may be filed with the Court in any action or motion to enforce the terms of this
Agreement.
8. This Agreement shall be governed by,enforced under,and construed in accordance
with the laws of the State of Florida, and the Parties specifically agree that the courts of the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida, shall be the sole venue for the
resolution of any and all disputes and actions arising out of or related to this Agreement,and further
agree that the Court shall retain jurisdiction for the enforcement of this Agreement and its terms.
9. This Agreement may be executed in counterparts,each of which shall constitute an
original, but all of which taken together shall constitute one and the same document. This
Agreement may also be executed by way of facsimile or e-mail transmitted documents in lieu of
original signatures and a signed copy produced by facsimile or e-mail transmission shall be binding
upon all Parties as an original and fully admissible in any legal proceeding regarding this
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Agreement, notwithstanding the best evidence rule or any similar rule. Each of the Parties
executing this Agreement further acknowledges that said Party's signature that is affixed to this
Agreement is a valid and effectual electronic signature, as defined by Sec. 668.003(4), Florida
Statutes;and that,as provided by Sec. 668.004,Florida Statutes,each of said signatures shall have
the same force and effect as a written signature.
10. This Agreement sets forth the complete and entire agreement by and between the
parties and shall only be modified by written instrument executed by the Parties and dated
subsequent to the date of this Agreement. None of the Parties have relied upon any oral
representations of any other party in entering into the Agreement, and all Parties have been
afforded the opportunity to consult with(and have consulted with)counsel of their choice prior to
executing this Agreement.
11. Upon the City's receipt of the payment and contribution set forth in Paragraphs 4
and 5, this Agreement shall operate as a General Release between and among the Parties with
respect to all claims that were made or could have been made in the Litigation.
12. Should it become necessary for counsel to be retained for the purposes of enforcing
or defending any rights afforded to any Party to this Agreement, including contesting, disputing,
seeking declaratory hearing or litigation, concerning any of the terms or provisions of this
Agreement,the prevailing party shall be entitled to recover all reasonable costs and attorneys' fees
incurred.
13. Any individual(s) executing this Agreement in a representative capacity hereby
represents and warrants that he/she has the necessary authority to execute this Agreement on behalf
of the entity for which he/she is signing, and has the authority to bind that entity to the terms
hereof.
14. This Agreement is contingent upon the approval by the City Commission during a
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properly noticed public meeting, and shall be in full force and effect once approved by the City
Commission and executed by the City Manager. Should the City Commission not approve the
Agreement set forth herein, the terms of this Agreement shall be deemed null and void, and the
Parties are restored to the same positions they were in as of June 6,2018.
IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and
year first written above.
WITNESS:
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