Item Coversheet
Town of Miami Lakes
Memorandum

To:Mayor and Town Council
From:Raul Gastesi, Esq., Town Attorney
Subject:F71-1, LLC and F69-1, LLC v. Town of Miami Lakes
Date:7/26/2016

Recommendation:

The Town Attorney will provide an update on the status of the litigation filed by F71-1, LLC and F69-1, LLC against the Town of Miami Lakes (case no.: 2016-15279-CA-01).

No action is being requested of the Town Council as of the date this agenda is published.

Background:

Status Update on Case

On June 23, 2016, the Plaintiffs, F71-1, LLC and F69-1, LLC, which are allegedly business entities controlled by Betty L. Dunn, filed a lawsuit against the Town of Miami Lakes.

The allegations brought by the Plaintiffs are primarily that the Town breached a Development Agreement which was adopted by Town Resolution No. 11-883. The Plaintiffs contend that the purported breach has impaired their property rights and contractual rights. The land that is the subject of the Development Agreement are those parcels of currently vacant land generally located at the northwestern part of NW 154th Street and NW 87th Avenue.

On July 1, 2016, the Plaintiffs, through their attorney, sent the Town a demand for settlement of this lawsuit in the amount of $1,315,614 payable immediately and a binding agreement that the Plaintiffs have “fully satisfied ALL conditions of the Development Agreement, as it relates to Parcels B and C effective immediately, and will not be required to any additional performance and/or any payments under the Town's Mobility Fee.”

On July 12, 2016, the Town's insurance company assigned the law firm of Weiss Serota Helfman Cole & Bierman to defend the Town in this case. It is the insurance company's position that the Town has limited coverage in this case up to $100,000 inclusive of expenses and after application of the general liability deductible.

Request for Executive Sessions

The Town Attorney may request executive sessions to discuss the F71-1, LLC and F69-1, LLC v. Town of Miami Lakes case.

Upcoming Hearings/Events in the Case:

At this time, there are no hearings or other events scheduled to take place.