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HomeMy WebLinkAboutCRA-R-21-0034Southeast Overtown/Park West Community Redevelopment Agency Legislation CRA Resolution: CRA-R-21-0034 File Number: 11071 Final Action Date:11/18/2021 A RESOLUTION THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), WITH ATTACHMENTS, AUTHORIZING A SETTLEMENT AGREEMENT AND IRREVOCABLE GENERAL RELEASE, IN THE AMOUNT OF $374,000.00 FOR THE RE-ACQUISTION OF THE LAWSON EDWAED THOMAS OVERTOWN LAW OFFICE ("THE LAWSON BUILDING"), LOCATED AT 1021 NW 2ND AVENUE, MIAMI, FL 33136-3412; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO DISBURSE FUNDS, AT HIS DISCRETION, UPON PRESENTATION OF SATISFACTORY DOCUMENTATION; FUNDS ALLOCATED FROM SEOPW, ACCOUNT CODE NO. 10050.920101.661000. WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency ("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2018 Southeast Overtown/Park West Redevelopment Updated Plan ("Updated Plan"); and WHEREAS, on April 15, 2021, the Board of Commissioners authorized service of the quiet title lawsuit in Case No. 2021-007749-CA-01 (31) by CRA Resolution No. CRA-R-21-10 by the SEOPW CRA to Alexandria Investment, LLC ("Alexandria"); and WHEREAS, Alexandria filed a Complaint against the SEOPW CRA in Case No. 2021- 008087-CA-01 (07); and WHEREAS, the SEOPW CRA and Alexandria, (collectively the "Parties") desire to execute a Settlement Agreement and Irrevocable General Release (the "Settlement and Release") hereby attached as "Exhibit A", to resolve, settle, and dismiss with prejudice all claims and all issues which were or might have been raised in the Complaints filed in The Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, Case No. 2021-007749-CA-01 (31) and Case No. 2021-008087-CA-01 (07), (the "Litigation"), and to resolve any and all claims including claims for damages, attorneys' fees or costs, etc., arising out of the Tax Deed issued on October 9, 2020 relating to the property located at 1021 NW 2 Avenue, Miami, FL 33136- 3412 ; and WHEREAS, per the terms of the Settlement and Release, the SEOPW shall make payment to Alexandria, in an amount not to exceed Three Hundred Seventy -Four Thousand Dollars and No Cents ($374,000.00) inclusive of attorney fees, (the `Settlement Payment"), within thirty (30) days of its execution; and WHEREAS, within ten (10) days of receipt of the Settlement Payment, the Parties shall submit an Agreed Order requesting the Clerk of the Courts to void and null the tax deed issued on the subject property and requesting the release of the surplus funds of approximately One Hundred Thousand and City of Miami Page 1 of 2 File ID: 11071 (Revision:) Printed On: 11312022 File ID: 11071 Enactment Number: CRA-R-21-0034 Ninety Dollars and No Cents, held by the Clerk, to the SEOPW CRA at 819 NW 2nd Avenue, 3d Floor, Miami, FL 33136; and WHEREAS, this will result in a net payment of approximately One Hundred Eighty -Four Thousand Dollars and No Cents ($184,000.00), by the SEOPW CRA to Alexandria; and WHEREAS, Section 2, Goal 1 on page 10 of the Updated Plan lists the "preserv[ation of] [h]istoric [b]uildings and [c]ultural [h]eritage" as a stated redevelopment goal; and WHEREAS, Section 2, Principle 8, on page 14 of the Updated Plan provides that "[o]lder buildings that embody the area's cultural past should be restored" as a stated redevelopment principle; and WHEREAS, the Board of Commissioners wishes to authorize the execution of said Settlement and Release; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The Board of Commissioners hereby authorizes the execution of the Settlement Agreement and Irrevocable General Release in an amount not to exceed $374,000.00. Section 3. Funds allocated from SEOPW Account Code 10050.920101.661000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: AnnaLoranuel, hief Legal Counsel 11/16/2021 City of Miami Page 2 of 2 File ID: 11071 (Revision:) Printed on: 11312022