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Home My WebLink AboutR-96-0139J-96-160 2/20/96 196_ 139 RESOLUTION NO. A RESOLUTION RESCINDING, IN THEIR ENTIRETY, RESOLUTION NOS. 87-1007 AND 87-1008, AND DECLARING THE INTENT OF THE CITY COMMISSION TO CONTINUE TO MAINTAIN IN PERPETUITY THE PROPERTY, DONATED BY THE BRICKELL FAMILY IN 1924, LOCATED AT 501 BRICKELL AVENUE, INCLUDING THE PRIVATE BURIAL GROUND, AS BRICKELL PARK. WHEREAS, on August 19, 1924, the then remaining members of the Brickell family, deeded a tract of land located at 501 Brickell Avenue to the City of Miami, containing approximately 2.5 acres and 172 linear feet of Bay frcatage, said property to be known as "Brickell Park;" and WHEREAS, on November 19, 1987, the City Commission, desirous to relocate Brickell Park to 401 Brickell Avenue, land known as Brickell Point, with 300 linear feet of Bay frontage and 500 linear feet of Miami River frontage, adopted Resolution Nos. 87-1007 and 87-1008, authorizing the City Manager to secure an option to buy the Brickell Point property and invite bids, subject to compliance with applicable law, for the sale of the original Brickell Park property, and authorizing the City Attorney to institute a quiet title action on Brickell Park; and WHEREAS on February 5, 1988, William B. Brickell, et al. (hereinafter the "Brickell heirs"), filed suit against the City CITY COM ESSION MEETING OF FEB 2 9 1996 9 9e6-0, T of Miami seeking a reversion of Brickell Park to the Brickell heirs based upon Resolution Nos. 87-1007 and 87-1008; and WHEREAS on February 21, 1989, the City of Miami and the Brickell heirs entered into a Settlement Agreement, adopted by the United States District Court and made a part of its Final Judgment, which essentially provided for: (a) the establishment of a new Brickell Park in perpetuity at the site of the Brickell Point property; (2) the sale of the original Brickell Park property at 501 Brickell Avenue to a developer; and (3) a cash donation of $1,815,000.00 to the City of Miami by the Brickell heirs to be used for park purposes and for the construction of the new Brickell Park; and WHEREAS, through no fault of either the City of Miami or the Brickell heirs, the provisions of the Settlement Agreement, providing for the swap of lands and relocation of Brickell Park, never came to fruition; and WHEREAS the City of Miami is keenly aware of the need for urban green space and the need for park lands; and WHEREAS Brickell Park is one of the most beautiful and historic parks within the City of Miami, whose scenic vistas of Biscayne Bay and exotic tropical canopy, is enjoyed by thousands of residents and tourists each year; and WHEREAS, although the claims of the Brickell heirs arising from the 1987 Resolutions have long ago been extinguished by operation of law by merger into the Final Judgment, thus barring any further claim thereunder, nevertheless, it is felt to be in the best interest of the citizens of the City of Miami for this - 2 - 96 - 139 Commission to formally rescind, in their entirety, Resolution Nos. 87-1007 and 87-1008, and declare the intent of the City Commission to maintain in perpetuity the property donated by the Brickell family in 1924, located at 501 Brickell Avenue, including the private burial ground, as Brickell Park; 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. Resolution Nos. 87-1007 and 87-1008 are hereby formally rescinded, in their entirety. Section 3. It is hereby declared to be the past, present and future intent of the City Commission to maintain in perpetuity the lands, acquired from the Brickell family in 1924, located at 501 Brickell Ave, including the private burial ground, as Brickell Park. Section 4. This Resolution shall become effective immediately upon its adoption. - 3 - 96- 139 PASSED AND ADOPTED this 29th ATTEST: LTER J CITY CL R PREPARED ff EN BITTNER STANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: e DONE III ORNEY W608:WRB:BSS - 4 - day of February , 1996. 1 Z�, q2z-., STE HEN P. CLARK, MAYOR 96 - 139 reo, [L 1y 4:.1)brbl, �t i t Pl lur„NV6 'inert Alule::, 1L vliY OF MIAM1.=l.ORIOA INTER -OFFICE MEMOF;ANDUM :till - Honorable Mayor and DATE February 16, 1996 F;LE Members of the City Commission "d, SUBJEcr, , Resolution Rescinding Resolutions 87-1007 and 87-1008 coneprning Quinn Jones, UI ^ Brickell Park FROM ' "�ty Attorney �� / REFERENCES 11 ENCLOSURES: (1) Attached is a proposed resolution rescinding Resolutions 87-1007 and 87-1008, concerning Brickell Park. As you will recall, on November 19, 1987, the City Commission passed the above referenced two (2) Resolutions to allow the City to explore the passibility of relocating Brickell Park from its present location to the Brickell Point property located at the mouth of the Miami River, The Resolutions sparked a lawsuit instituted by the Brickell heirs, which was settled between the parties on Febi uwy 21, 1989, which agreement was adopted as part of the Final Judgment of the United States District Court or. Mauch 10, I989. Despite the Final Judgment, and the City's continued maintenance of the subject property as M ickcll Park at all times, the City lus clever formally rescinded the Resolutions. 96- 139 1 J-07-1013 10/2o/s7 RRSOLUTION 100.97_ t(W A RESOLUTION AUTHORIZING TUC CITY MANAGER TO SECURE AN OPTION TO PURCHASE THE PROPERTY LOCATED AT 401 BRICKELL AVENUE AT A PURCHASE PRICE NOT TO EXCEED ITS APPRAISED VALUE; FURTHER AUTHORIZING THE CITY MANAGER TO ISSUE AN INVITATION TO BID FOR THE PURCHASE OP CITY OWNED BRICKELL PARK AT 501 BRICKELL AVENUE AT A PRICE NOT LESS THAN ITS APPRAISED VALUE OR FOR SIMILARLY SITUATED AND SIZED LAND OF EQUAL OR GREATER VALUE IN THE BRICKELL AREA SUITABLE FOR PARK DEVELOPMENT. SUBJECT TO COMPLIANCE WITH ALL APPLICABLE LAY INCLUDING ALL LEGAL REQUIREMENTS FOR THE SALE OF CITY OWNED PROPERTY AS SPECIFIED IN THE CODE AND CHARTER. WHEREAS, Brickell Park a City -owned park at 501 Brickell Avenue containing approximately 2.5 acres and 172 linear feet of Bay frontage in underutilized; and WHEREAS, Brickell Park. because of its Brickell Avenue and Biscayne Bay frontage is a desirable location for commercial development; and WHEREAS, the property located at 401 Brickell Avenue known as Brickell Point which contains approximately 2.2 acres and has 300 linear feet of Say frontage and 500 linear feet of Wool River frontage is stood for commercial development; but. because of access and visibility problems the property has not boom developed to its highest and best use; and WHEREAS. the Brickell Point property. became* of its river and bay frontage would be an excellent urban park sits; and WHEREAS. the owner of ■riekell Point has expressed e willingness to negotiate with the City for the purchase of his property as long as the purchase process coemssess prior to January, toes; and WNSRSAS. based on the respective appraised valses, the City could sell Brickoll Park and realise sufficient proeoods t• `'' purchase the Brickell Point property; NOW, TRSRSPORR, BR IT RSSOLM BT TRR CUNIZU140 W UK CITY Of MIANI. FLORIDA; +s T < . Section 1. The City Manager is bere►y amtbortsed to secure so option based on the consideration of $100 to purchase the property located at 401 irickell Avenue and known as Srickell Point for an amount not to exceed its appraised sale*. conditioned upon the City selling the grtekell Park property at 501 8rickell Avenue for an amount not less than its appraised value or for similarly situated and sited property of equal or greater value suitable for park development in the Srickell area. Section 2. The City Manager is hereby authorised to issue an invitation to bid in a fore acceptable to the City Attorney for the purchase of City owned 8rickell Park at 501 irickell Avenue at a purchase price not less than its appraised value or for similarly situated and sited property of equal or greater value suitable for park development in the 8rickell area. subject to compliance with all applicable law and all legal requirements for the male of City owned property as specified in the Code and Charter. PASSED AND ADOPTED this 19th day of May -ember 1987. AYIER L. SOAR MAYO R ATTEST t AL4�c' MCM MIRAI. CITY CURS PREPARED AND APPROV90 BY. OSERT LARK CM19Y DUUTT CITY ATTORNEY APPROVED PORN AND CORRECYNRSgt } 3 J-87-956 10/28/87 C RESOLUTION NO. W?-EOM A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY ATTORNEY'S OFFICE TO INSTITUTE A QUIET _ TITLE ACTION TO DECLARE PER SIMPLE TITLE IN THE CITY, FREE AND CLEAR FROM ALL RESTRICTIONS, REVERTERS AND ENCUMBRANCES, FOR THE PROPERTY LOCATED ON THE EAST SIDE OF BRICRELL AVENUE KNOWN AS BRICRELL PARK, AND CONTIGUOUS VACANT MAUSOLEUM AND PRIVATE BURIAL GROUND PROPERTY, WHEREAS, the City of Miami was deeded a tract of land on August 19, 1924 by the then remaining members of the Brickell family, said property to be known as "Brickell Park;" and WHEREAS, the "indenture" giving the City this property provides for the City to maintain a private burial ground in perpetuity on the northern portion of the property; and WHEREAS, said "indenture" contains a reverter clause stating that should the City cease to use the property as a park or as a private burial ground, the property shall revert to the heirs Of the Brickell family] and WHEREAS, Florida Statutes, Section 65.021 provides that a quiet title action for the removal of any and all clouds on titles of land may be brought by any person or eorporationj and WHEREAS, the City Commission, in order to provide clear title to any purchases of said property, finds it necessary to institute a quiet title action in the Circuit Court of Dade County, Florida to obtain a judicial determination of any and all claims of the Brickell heirs and to declare fee simple title in the City. WWI, THEREFORE, BE IT RESOLVED BY THE COVAISSIOM OF TU CI?[ OF MAXI, FLORIDAt Section 1. The City Attorney is hereby instructed to Institute a quiet title action in the Circuit Court of Deft County, Florida in order to declare fee simple title in the City, free and clear from all restrictions, revertere and eacamWaaoe8ls for the property located on the east side of sri known as Scickell Park, and the contiguous •acant mausoleum and private burial ground property. Section 2. All costs and expenses incurred in the quiet title action shall be paid by the Downtown Development Authority, including all costs of service of process, filings, depositions, publication. PASSED AND ADOPTED this 19th day of gyp , 987. A : XAVIER L. SDARE , MAYOR gkffY- HIRAI, City Clerk PREPARED AND APPROVED BY: MIRIAM MAER Assistant City Attorney TO FORM AND CORRECTNESS: City Attorne QWrcl/M5{8 6` 139 li AUM .41000%. ..�. M lf* MENENNOW "am The in formadon Management Company 1 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126 305-477-9149.800-287-4799 - FAX 305-477-7526 condition FC 017 3ID_ SCURITT LIST DID ITEMS FIELD MARKING -- PAINT N—pww_ww—w_—ww—N----lNlwww w.N—�.—www—w--l—lNw !w+----- N----- --_w_Nww-wwNww_Nww- DID No. 95-96-020 w!—1 Ywlwww—Nw.w--- M O--l--.r---ems DATE BIDS) OrENED: w DECEMBER 6_-1995 10:00 a.m. P If TOTAL DID DOND_Jor2 BIDDER DID AMOUNT OAS®EgR'S CHECK SOMAY PRODUCTS, INC. See attached bid PIONEER MFG. CO. " Nw---Nw- NO BID REX-TONE w-w�- DUNCAN EDWARD.CO. STEIN PAINT PAINT CO. wwNsrwNw QTTers from t e ven ors listed herein are the o ly offers -w other offers submitted In response 1 o tl:.g solicitatlart if arty, —.—.�--- r wONw— wwwNw—Nw—lNNww— wNwwwwww��-w—�NNww—N—N— / wNwNiwN--- wNw—�ww— N------- MNON—wNNw--as —wNNwwN NwN—w--w—�NN —w NwrwlwMw! wd—ww—ww wNYM/-999ww--w--3— � N i—N!w!w—w0—w !-- MNNlN-- lwNww� a -- N—w�w�Nlw� �� N N—w—wN'!—w www—wN—Mr—N wwN+! NNNw w wM—�wNMM,—w Mw —wwNww— wwwwwww��p.�!!!N MwNNwwNMl--MN Z received (y' ) OZVOIODoa on behalf of e aoa sse •iee bi ) GSA/SOLID WASTE -PROCUREMENT DIVISION —w—Nw—wNwN—N.—OS--�1— SIGNED ;/ t (D uty City lesk) --_Nw R IF, '9'-5 l'il-Ti -6 AID :DC', "'A L T E 1. F 0 E I'l A iq F R? K ,ITY LEGAL ADVERTISEMENT it BID NO, 95-96-020 Sealed bids will be received by the City Clerk at his office located at City Hall, 3500 Pan American Drive, Miami, Florida 33133 not later than 10:00 a•m.. December 6, 1995 for the furnishing of field marking paint for a period of one year, on an as needed when needed basis, for the Department of Public Facilities. Bids submitted past such deadline and/or submitted to any other location or office shall be deemed non -responsive and will be rejected. Ordinance No. 10062, as amended, established a goal of awarding 51 % of the City's total dollar volume of all expenditures for all good and services to Black, Hispanic and Women Minority Business Enterprises on an equal basis. Minority and women vendors who are interested In submitting bids and who are not registered with the City as minority or women vendors are advised to contact the City Procurement Office located at 300 Biscayne Blvd. Way, Suite 210, (305) 579-6845. Section 18-52.1(h) of the City Code, as amended, states that the City Commission may offer to a responsible and responsive local bidder, whose primary office is located in the City of Miami, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor does not exceed 110 percent of the lowest other responsible and responsive bidder. The City reserves the right to request copies of the occupational license, professional and/or trade licenses, corporate chart and tax return and any other documents to verify the location of the firm's primary office. All vendors whose primary office is located within the City of Miami must provide a copy of their City Occupational License with their bids. The City Manager may reject all bids and readvertise. (Ad No. 2094) Cesar H. Odlo City Manager Y v O - City of Miami 2 0 9 PeZ REQUISITI®N FOR ADVERTISEMENT This number must appear in the _ advertisement. N 6 INSTRUCTIONS: Please tne and attach a copy of the dv i m n. " 1. Department: 2. Division: i PROCUREMETN FUR PUBLIC FACILITIES 3. Account Code number: 4. Is this a confirmation: 5. Prepared by: i �350503-287 ❑ Yes ® No MARITZA FR.ESNO 6. Size of advertisement: 7. Starting date: 8. Telephone number: 1 LEGAL 11 22 95 1 579-6845 9. Number of times this advertisement is to be 10. Type of advertisement: published: ONE t 1 k� Le al ❑ Classified ❑ Digigay 11. Remarks: BID NO. 94-96-•020: FIELD MARKING HAINT 12. Pr' Publication Date(s) of Invoice No. Amount Advertisement MIAMI REVIL,td �jlm,!T TIMES I)JAP,,10 LA.LAS AMTRICAS -t > n - L A 13.. ❑ Approved ❑ Disapproved Department Director/Designee Date Approved for Payment Date { C IGS/PC 503 Rev. 12/89 i Routing Forward White and Canary to G.S.A. (Procurement Management) and retain P1nK copy. DISTRIBUTION: White - G.S.A.; Canary - Department