Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R26, a Resolution Approving and Authorizing the Settlement of Litigation known as Matter of City of Port St. Lucie and Community Redevelopment Agency of the City of Port St. Lucie v. Suffolk Construction Company, Inc., Case No. 2018-CA-001895.
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Submitted By: Richard Shiller, Deputy City Attorney
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Approve and authorize the settlement of the above-referenced litigation by executing a Settlement Agreement in substantially the same form as the attached Exhibit “A”, which will fully and finally settle the Matter of City of Port St. Lucie and Community Redevelopment Agency of the City of Port St. Lucie v. Suffolk Construction Company, Inc., Case No.: 2018-CA-001895.
Presentation Information: Staff will be available for questions.
Staff Recommendation: Move that the Council approve the Resolution.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Resolution.
2. Move that the Council not approve the Resolution and provide staff direction.
Background: The City and the Community Redevelopment Agency of the City of Port St. Lucie (“CRA”) filed suit against Suffolk Construction, Inc. alleging, inter alia, breach of contract and breach of warranty following inspections and investigations into the design development, construction, maintenance, operation, and physical condition of the Event Center’s parking garage.
Issues/Analysis: After extensive negotiation and mediation, the parties to this lawsuit have reached terms of settlement contingent on the approval and execution of a settlement agreement.
Financial Information: N/A.
Special Consideration: The terms of the settlement are substantially set forth in the attached Settlement Agreement. The effectiveness of this settlement is contingent upon approval by all named parties, including the Community Redevelopment Agency, and their execution of the Settlement Agreement.
Location of Project: N/A.
Attachments:
1. Resolution
2. Exhibit A - Settlement Agreement
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 2510
Legal Sufficiency Review:
Reviewed by Richard Shiller, Deputy City Attorney. Approved as to Legal Form and sufficiency by Richard A. Berrios, Interim City Attorney.