HomeMy WebLinkAbout2024-175-2249_-_Authorizing_settlement_with_Vista_Lago_-_Adopted.docxRESOLUTION NO. 2024-175-2249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, AUTHORIZING THE CITY ATTORNEY AND
CITY MANAGER TO ENTER INTO A SETTLEMENT WITH VISTA
LAGO, LLC TO SETTLE THAT CERTAIN CASE STYLED VISTA
LAGO, LLC vs. CITY OF MIAMI GARDENS, CASE NO. 2023-
017218-CA-01; AND FURTHER AUTHORIZES THE CITY
MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL
STEPS NECESSARY TO EFFECTUATE THE SETTLEMENT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Vista Lago, LLC owns the property located at 502 NW 207th Street in
the City of Miami Gardens (“Property”), and
WHEREAS, as part of its rezoning application for development, Vista Lago, LLC
proffered a Declarations of Restrictions (“Covenant”) whereby it committed to undertake
certain off-site improvements such as installing speed humps or speed tables,
constructing vehicular access gates and upgrading of the existing speed lights within the
street lighting district as part of the development of the Property, and
WHEREAS, some of the off-site improvements were subject to the approval of the
Andover Taxing District and the Coconut Cay Homeowner’s Association, Inc., and
WHEREAS, pursuant to the Covenant, the City was authorized to withhold permits
and refuse to make any inspections or grant approvals until the terms of the Covenant
were complied with, and
WHEREAS, Vista Lago, LLC was not able to obtain the approvals from Andover
Taxing District and the Coconut Cay Homeowner’s Association, Inc., resulting in it being
non-compliant with the terms of the Covenant, and
WHEREAS, pursuant to the Covenant, the City withheld issuing Certificates of
Occupancy to Vista Lago, LLC for failure to comply with the Covenant and Vista Lago,
LLC commenced litigation, and
WHEREAS, currently the City Attorney and City Manager are recommending to
resolve the litigation to avoid the uncertainty and expense of future proceedings in the
action, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
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Resolution No. 2024-175-2249
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Attorney and City Manager to execute a Settlement Agreement
with Vista Lago, LLC to settle that certain case styled City of Vista Lago, LLC v. City of
Miami Gardens, Case No. 2023-017218-CA-01.The City Council further authorizes the
City Attorney and City Manager to take all steps necessary to effectuate the settlement.
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON OCTOBER 23, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY AND CAMERON
BENSON, CITY MANAGER
Moved by: Councilman Leon
Seconded by: Councilman Stephens
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Julien Not Present
Councilman Stephens, III Yes
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