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Home My WebLink AboutR-03-0823J-03-675 07/17/03 RESOLUTION NO. 03- 823 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE SETTLEMENT OF THE CASE OF MIAMI-DADE COUNTY VS. CITY OF MIAMI ("CITY") AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEO/PW CRA"), CASE NO. 01-13810 CA 08, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY; AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY, SEO/PW CRA AND MIAMI-DADE COUNTY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City"), Southeast Overtown/Park West Community Redevelopment Agency ("SEO/PW CRA") and Miami - Dade County agree to the terms and conditions set forth in the Settlement Agreement, attached and incorporated; and WHEREAS, the City will execute quit claim deeds to Miami - Dade County and will agree in full and complete settlement agreement; and WHEREAS, the quit claim deeds will be held by Miami -Dade County General Services Administration ("GSA") in escrow for a CITY COMMISSION MEETING OF A T T A C :� � JUL172003 Resolutiou No. CC AL 433- 823, four-year period, commencing August 1, 2003 until not later than August 1, 2007; and WHEREAS, unless the City and/or the SEO/PW CRA shall have or caused to have commenced construction of development on all of the property by August 1, 2007, then GSA shall file the escrowed Quit Claim Deeds in the public records of Miami -Dade County, and the fee simple title to the property shall be deemed legally quieted in Miami -Dade County; and WHEREAS, alternately, should the City and SEO/PW CRA commence construction of development the deeds shall be stricken through and returned to the office of the City Attorney together with copy of the Settlement Agreement; and WHEREAS, if any development of the Property requires payment for the Property, as a result of the sale of the fee simple interest in the described property from the developers, the City and SEO/PW CRA, prior to entering into any development agreements for the property shall submit proposed agreements for approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 4 03- 823 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporate as if fully set forth in this Section. Section 2. The settlement of the case of Miami -Dade County vs. City of Miami ("City") and Southeast Overtown/Park West Community Redevelopment Agency ("SEO/PW CRA"), Case No. 01-13810 CA 08, in the Circuit Court of the 11th Judicial Circuit of Florida in and for Miami -Dade County is authorized and the execution of a Settlement Agreement, in substantially the attached form, between the City, SEO/PW CRA and Miami -Dade County, is further authorized!/ for said purpose. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable provisions of the City Charter and Code. 2/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 4 03- 823 PASSED AND ADOPTED this 17th day of July , 2003. EL A. DIAZ, MAYOR ATTEST: PRISCILLA A. T OMPS CITY CLERK A W7� l8:tr:AS:BSS FORM,,?&D CORRECTNESS:V Page 4 of 4 ,j3- 823 MIAMI-DADE COUNTY, a political subdivision of the State of Florida, Plaintiff, VS. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT OF FLORIDA IN AND MIAMI-DADE COUNTY GENERAL JURISDICTION DIVISION CASE NO. 01-13810 (CA -08) CITY OF MIAMI, Florida, a Florida Municipal corporation, and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, Defendants. I PROPOSED SETTLEMENT AGREEMENT Florida Bar No. 180724 Plaintiff, MIAMI-DADE COUNTY, a political subdivision of the State of Florida, and the Defendants, CITY OF MIAMI, Florida, a Florida municipal corporation, and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, an agency of the State of Florida, Defendants, agree to the following terms in full and complete settlement of the above -designated quiet title suit: 1. The CITY OF MIAMI and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY will execute quit claim deeds to MIAMI- DADE COUNTY in the forms attached hereto as Exhibits 1 and 2 of this Settlement i33- 823 Miami -Dade County vs. FEC Case No. 99-00100 Page No. 2 Agreement and made a part hereof for those certain lots of Block 36 of P.W. White's Resubdivision, Plat Book `B' at Page 34 and for Lots 1 through 12 of Blocks 45N and 56N of A. L. Knowlton's Map of Miami, Plat Book `B' at Page 41 (the "Property"). Said property being the subject of this quiet title suit and more particularly described on Exhibits A to the quit claim deeds attached as Exhibits 1 and 2 to this Agreement. 2. The quit claim deeds will be held by Miami -Dade County General Services Administration (GSA) in escrow for a period of four (4) years, said period to begin August 1, 2003 and end not later than August 1, 2007. 3. Unless the CITY OF MIAMI and/or the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY shall have or caused to have commenced construction of development on all of the Property by August 1, 2007, then GSA shall file the escrowed quit claim deeds in the public records of Miami -Dade County, Florida and the fee simple title to the Property shall be deemed legally quieted in Miami -Dade County without further order of this Court. Alternatively, should the CITY OF MIAMI and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY have commenced or caused to have commenced construction of development on all of the Property, the quit claim deeds will be deemed null and void and of no further legal force or effect and the deeds shall be stricken through and returned to the office of the city attorney together with a copy of this proposed settlement agreement. In such event Miami -Dade County shall provide the city a document, in a recordable form, that provides that the terms of the " )3- 823 Miami -Dade County vs. FEC Case No. 99-00100 Page No. 3 reverter provisions have been satisfied and the reversionary interest of Miami -Dade County is extinguished without further order of this Court. 4. The phrase "commenced construction of development" shall mean that all required construction and development permits have been issued on a complete set or sets of plans for a specific project or projects of one or more constructed floors of residential, commercial, retail, office or mixed use on all of the Property, and that actual physical construction work is taking place on a continuing basis on all of the Property. 5. In the event that any development on the Property requires payment for the Property, solely as a result of the sale of the fee simple interest in the described Property, to the CITY OF MIAMI and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY from the chosen developer(s), then the CITY OF MIAMI and SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, shall, prior to entering into any development agreement(s) for the Property, submit said proposed agreement(s) to the Board of County Commissioners for its approval prior to entering into said agreement. Upon delivery of the proposed development agreement(s) to the County Manager, the time period identified in paragraph 3 herein shall be tolled only up to the time as the Board of County Commissioners shall approve the sale under the proposed development agreement(s). 7. Resolutions of the Board of County Commissioners of Miami -Dade County, the Commission of the City of Miami and the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY approving this settlement are attached hereto and incorporated herein by reference. 03- 823 Miami -Dade County vs. FEC Case No. 99-00100 Page No. 4 DATED this day of July, 2003. ROBERT A. GINSBURG Miami -Dade County Attorney Stephen P. Clark Center Suite 2810, 111 N.W. First Street Miami, Florida 33128-1993 M Thomas Goldstein Assistant County Attorney Attorney for Plaintiff CITY OF MIAMI ATTORNEY'S OFFICE 444 S.W. 2°d Avenue, Suite 945 Miami, Florida 33130 al Alejandro Vilarello City Attorney City of Miami, Florida THOMPSON COBURN LLP One Firstar Plaza Suite 3100 St. Louis, MO 63101 wa Attorney for Southeast Overtown/ Park West Community Redevelopment Agency 03— 823