HomeMy WebLinkAboutR-99-0896J-99-977
11/15/99
RESOLUTION NO. 0 0- 896
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
ATTORNEY TO NEGOTIATE AND EXECUTE A
SETTLEMENT AGREEMENT IN THE CASE OF WILLIAM
B. BRICKELL, JAMES B. BRICKELL, JR., BEATRICE
A. BRICKELL, MARY SNYDER, AND ARCHIE K. PURDY
V. CITY OF MIAMI, CASE NO. 88-0230, IN
SUBSTANTIALLY THE TERMS STATED IN EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN;
FURTHER AUTHORIZING THE CITY ATTORNEY AND
DIRECTING THE CITY MANAGER TO COMMENCE
DISCUSSIONS WITH MIAMI-DADE COUNTY REGARDING
THE MIAMI CIRCLE IN RELATION TO THE POTENTIAL
SALE OF THE BRICKELL PARK PROPERTY; FURTHER
PROVIDING FOR THE ALLOCATION OF THE SUM OF
$2,000,000 FROM THE CITY'S PROCEEDS FROM THE
SALE OF THE BRICKELL PARK TOWARD THE
PRESERVATION OF THE MIAMI CIRCLE BY FUTURE
RESOLUTION.
WHEREAS, in 1924, the Brickell family ("Brickells") donated
2.5 acres of land on Biscayne Bay (the "Property") to the City -of
Miami for use as a park pursuant to a deed containing a reverter
clause .requiring perpetual use of the property as a park; and
WHEREAS, in 1987, the City invited bids for the sale of the
Property resulting in the Brickells filing of a lawsuit against
the City to enforce the reversionary interest provided in the
deed; and
WHEREAS, in 1989, the lawsuit was settled pursuant to an
agreement that (i) vested title to the Property in the Brickells,
(ii) required a swap of the Property and the property now known
CC'IN lilu E9
CITY COMaloslo"
MEETING OF
resolution No.
as the Miami Circle, and (iii) required the Brickells to reconvey
the title to the Property to the City, with the same reversions
as in 1924, if the land swap did not go through; and
WHEREAS, the land swap did not go through and the Brickells
failed to reconvey, title to the Property to the City; and
WHEREAS, in 1994, the City requested the Court to enforce
the terms of the 1980 settlement agreement by requiring the
Brickells to reconvey the Property to the City; and
WHEREAS, the Court has not yet ruled on the City's Motion to
Enforce the 1989 Settlement Agreement; and
WHEREAS, the Brickells and the City have agreed to settle
the lawsuit by authorizing the Brickells to sell the Property and
distribute the proceeds of the sale between the City and the
Brickells, as more specifically described in Exhibit "A" attached
hereto; and
WHEREAS, the City Commission has considered the matter in
light of the high probability that the property that was
originally intended to be swapped with the Brickell Park, and now
known as the Miami Circle, may be turned into a park; and
WHEREAS, under the terms of the proposed settlement the City
will receive one-half (50%) of the proceeds from the sale of the
Property, from which the City can make a substantial contribution
toward the preservation of the Miami Circle, thereby.effectuating
the intention of the Brickell family that the donated property be
used as a park; and
WHEREAS, in connection with the proposed sale of the
Property, the City Commission deems it in the best interest of
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the City of Miami that the Property be offered for purchase to
the current owners of the Miami Circle, or otherwise joining
Miami -Dade County in the efforts to preserve the Miami Circle;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Attorney is hereby authorized to
negotiate and execute a settlement agreement in the case of
William B. Brickell, James B. Brickell, Jr., Beatrice A.
Brickell, Mary Snyder, And Archie K. Purdy v. City of Miami, Case
No. 88-0230, in substantially the terms stated in Exhibit "A"
attached hereto and incorporated herein.
Section 3. The City Attorney is hereby authorized and
the City Manager is hereby directed to commence discussions with
Miami -Dade County regarding the Miami Circle in relation to the
potential sale of the Brickell Park property.
Section 4. The allocation of the sum of $2,000,000 from
the City's proceeds from the sale of the Brickell Park toward the
preservation of the Miami Circle is to be provided by future
resolution.
Section 5. This Resolution shall become effective
. . � ♦ X Sig ^}✓C..:
immediately upon its adoption and signature of the Mayor!'.
PASSED AND ADOPTED this 16th day of. _ November , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate ?r?'" a c 7
this legislation by signing it in the designated p, -r!-
becomes effective with the elapr of ten (10) d� y , '. �, ; ,f �� - sr.,-�, 'c
regarding same, without the M yor Oorci
ATTEST:
WALTER J. FOEMAN
TNESS Zj
City Clerk
'-� 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.
EXHIBIT "A"
1. Purchase Price: The purchase price will be no less than the market price
as determined by Maddux & Co., which was hired by the Brickells to prepare a
market analysis of the property.
2. Distribution of Closing Proceeds: The net closing proceeds will be divided
equally between the City and the Brickells. "Net Closing Proceeds" means all closing
proceeds after deduction of all "reasonable and customary" expenses of a seller of similar
property. The "reasonable and customary" expenses include, specifically the following:
(i) real property taxes which may be assessed against the
property through the date of closing.
cost of appraisal, if required.
broker's fee, which is proposed at 3%.
(iv) Trustee's fees (see below).
3. Appointment of Trustee or Attorney -in -Fact: To facilitate the sale (and
avoid having to obtain the signature of all Brickells and Brickells heirs) the Settlement
Agreement contemplates the appointment of a Trustee by the court, who shall be vested
with title to the property for purposes of conveyance. The parties, however, will consider
whether the stated objective may be met by the appointment of an Attorney -in -Fact for
the Brickells. This alternative may reduce the cost of the sale significantly.
4. Term of Agreement: 18 months.
ORS:GxhARcsol.doc
55
D03 Gutierrez, Susy
From:
P03 Rita Lagace
Sent:
Tuesday, November 09, 1999 12:19 PM
'To:
'D03 Alonso, Elvi G.'
Cc:
'D03 Gutierrez, Susy'
Subject:
Brickell, et al Discussion Item for 11/16/99 Agenda
Discussion related to providing the City Attorney with authorization to settle pending
litigation Re: Brickell et. al. vs. City of Miami
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99- 896