HomeMy WebLinkAboutItem #10 - Discussion ItemCITY OF MIAMI, FLORIDA
INTER-OFFICE MEMORANDUM ~ i
To The Honorable Mayor and DATE October 12, 1995 FILE
/MeI lbers o he City 'omnllsslon
SUBJECT
~~~,V ~ -~.._.,~,~~ Agenda Item for the
October 26, 1995 City
FROh REFERENCES COmmiSSI0I1 MCetlIlg
Victor I-I. De Yul-1•
ENCLOSURES
COI11n11SSlOller
I would appreciate an update on the "Commodore Bay"(Barnacle addition property in
Coconut Grove) at the Uctaber 26, 1995 Commission meeting.
Thank you for your cooperation.
cc: Cesar H. Odio, City Manager
Elvi Gallastegui, Agenda Office
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COMI!'[OI)Olt>C 13AY
On July 13, 1995, the city COn11111SSitln agreed to hear the "Commodore Ba}' ACgItlSltloll"
top1C Oll aSSUI'a[1CC5 that 111 a~rl:elnl'nt ~'oYCI'lllil~ Settle111e11L dlSClls51011 bet\vCen the Clty
and the property owners was in place. Shortly after that meeting otu• attorneys informed
this commission that the property owners attorney had canceled that agreement and
lllforlllcd lhelll that the}' were of the opinion that everything said at the July 13th Meeting
could be used in litigation.
I believe that this was a breach of "Good Faith" on the developer's part and justified the
city halting ally action pursuant to the commission's July 13tH discussions.
It must be clear that the acquisition of the park is the property owner's idea!! They must
voluntarily cooperate in its sale, if that is what then want.
Now, Mr. Goldstein must make clear his role; Are the property owners his clients or not?
Are you here on behalf of the property owners of the so called "Commodore Bay" site?
Are you prepared, or Have authority to enter into an agreelnellt assuring that any future
discussions by the city on this matter will not be used in any manner in litigation against
the city by the property's owner's???
If not, we must on our legal council's advice, not discuss this matter at all! I.f yes, we
will discuss it at the first meeting after such an agreement is in place.
We are talking about millions of dollars here!!! And a group of plaintiffs who have
shown absolutely no reluctance to sue the city to further their goals. We were forced to '
defend ourselves for nearly 10 years from charges that we acted improperly in denying
requested zoning changes because the city sunnosedly wanted to purchase that property
in 1986. That was false; but was based on comments made by commissioners prior to
that vote.
Now, the property owners are attempting to force a repeat situation which could lead to
additional years of litigation! ! ! That shall not be the case if we've learned from the past
litigation! ! !
No agreements in writing, No discussions!! It is as simple as that.
Mr. Vice-Mayor, if Mr. Joe Fleming or Gary Held, our out-side special legal council in
this care and present, I would like to hear from them on the status of that agreement and
the consequences of not having one.
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