Loading...
HomeMy WebLinkAbout2022-059 Pine Tree Estates Roadways Litigation Settlement RESOLUTION NO. 2022-059 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT WITH THE CLASS ACTION PLAINTIFFS TO SETTLE THE LITIGATION STYLED MARGERY AND STUART GOLANT, EL AL. VS. THE CITY OF PARKLAND;AUTHORIZING EXECUTION OF THE NECESSARY DOCUMENTS TO EFFECTUATE THE SETTLEMENT; PROVIDING FOR IMPLEMENTATION, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE WHEREAS, on April 30, 2020, a number of residents who live in the Pine Tree Estates subdivision filed a lawsuit against the City of Parkland, styled Margery&Stuart Golant, et. al. vs. City of Parkland, Broward County Circuit Court, Case Number 20-007660, asserting claims in equity, requesting declarations from the Court, and seeking specific performance related to the maintenance of the roads within the Pine Tree Estates subdivision (the "Litigation"); and WHEREAS,on February 8,2022,the Plaintiffs filed an Amended Class Action Complaint in the Litigation; and WHEREAS,on May 5,2022,the Court entered an Agreed Order on Plaintiffs Motion for Class Certification ("Class Certification Order"), allowing the Litigation to proceed as a class action; and WHEREAS, pursuant to the Class Certification Order, notice of the Class Certification was provided to the members of the Class (consisting of record title owners of real property within the Pine Tree Estates Subdivision) by the United States Postal Service and by publication within a newspaper of general circulation within the City of Parkland, and each member of the Class was advised of their rights to participate in the Class or to opt out of the proceedings; and WHEREAS, in response to the notice of Class Certification, which was mailed to 784 properties, only eight properties elected to opt out of the Class Action; and WHEREAS, on August 8, 2022, the Class representatives and City representatives negotiated a proposed mediated settlement agreement, attached as Exhibit "A" (the "Settlement Agreement"),which is intended to resolve all issues raised in the Litigation or related to the subject matter of the Litigation with respect to the Class Members; and WHEREAS,the Settlement Agreement is subject to approval by the City Commission. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. The above referenced "Whereas" clauses are true and correct and made a part of this Resolution. Section 2. The City Commission hereby approves the Settlement Agreement, attached as Exhibit "A", with the Plaintiffs, including all Class Members. Section 3. That the Mayor and City Manager are authorized to execute the Settlement Agreement, attached as Exhibit"A",together with such non-substantial changes as are acceptable to the City Manager and approved as to form and legal sufficiency by the City Attorney. Section 4. That the appropriate City officials are authorized to execute all documents deemed necessary by the City Attorney, and to do all things necessary, to implement the intent of this Resolution. Section 5. Should any section or provision of this Resolution or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Resolution, as a whole or in part other than the part declared to be invalid. Section 6. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 19th DAY OF OCTOBER, 2022. CITY OF PARKLAND, FLORIDA RI HARD W. WALKER MAYOR ATTEST: ALY N MORALES, MMC •'6. ° rani., CITY CLERK Q° to Record of the vote SEAL •,a Mayor Walker Vice Mayor Cutler , Countil. Commissioner Brier Commissioner Isrow �S Commissioner Mayersohn