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MIRMS Cep SPECIAL MRRTING bF THE
CITY COMMISSION OP MIAMI, FLORIDA
On the 27th day of December, 1988, the City Commission of Miami,
Florida, stet at its regular meeting place in the City Hall, 3500 Ban American
Drive$ Miami, Florida in Special Session.
The meeting was called to order at 4:05 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: Commissioner Rosario Kennedy
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman
An invocation was delivered by Mayor Suarez. Vice Mayor De Yurre then
led those present in a pledge of allegiance to the flag.
1. CONDITIONALLY AUTHORIZE SETTLEMENT OF LITIGATION IN U.S. DISTRICT COURT
OF SOUTH FLORIDA BETWEEN WILLIAM B. BRICKELL, ET AL AND, CITY.CONCERNING
-CITY'S, INTEREST IN BRICKELL PARK AND BURIAL, GROUND; -AUTHORIZE CITY fi
ATTORNEY AND CITY MANAGER TO EXECUTE ALL DOCUMENTS AND INSTRUMENTS
NECESSARY TO EFFECTUATE SAID SETTLEMENT.'
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Mayor Suarez:. This is a special session called for the purpose of discussing -
possible resolution to litigation involving the so called swap of properties,.; r
Brickell.Park and the oint: otherwise known as Brickell Point P , . , I guess , Mr �
City Attorney, do I need to add anything else to that?
Mr. -Jorge L. Fernandez: No, th
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at, in essence, is correct.',
Mr. Plummer:. Mr. Mayor, may I, from the onset, _please, put on"the "record ,-Mr, x
City Attorney justforthe record, I have asked youpriorand I'll.once again;
in reading the material which was handed to me approximately an hour ago, I4z#
find that there are three distinct - no,.not distinct - far removed relatives
of .mine that are parties to this contract, namely the three"brothers Edward, n
John and Paul Saunders. Does that, in any way, present a problem for me as;
f,ar as a conflict or reclusing myself from voting?,,
Mr. De Yurre: You have to resign as a Commissioner.
Mr.. Plummers-. I have no financial interest whatsoever -if they,win or=lose
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Mr, Fernanders Given your statement, no, under the law there is no:.conflict
for you given the degree of blood relationship. <
Mr. Plummer: OK, I would then like, Mr. Mayor, with your permission,, after
r that .has been clarified, to ask what is the emergency fo' r this; meeting' -which
is so stipulated and very clearly defined in the charter as to the reason'"fot�
a -special meeting?
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t Mayor Suarez: Well, as I understand, it, the emergency is that the deal mi r ;3
otherwise fall through if we don't reach a.conclusion b the end ofrthie
y yeer.
That, -to add to six or seven months of "complex' negotiations... ands 'the, CiLy�a Yz F
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IgAUDIDLg CBMMgXTg NOT jN'I`jnD INTO THE PitLIC CORD
Mrs Plumes: Eighty-nine,
Mr; r Ae Yurre. N well a thatF; s�
provide one }right now, w=� ,
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Mr.:. Plummer. OK, :+Haws outs
such''}ia�demaad?
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Mr. ;Fernandez; T ndo slot:
Mr:`.Plu=ers you ariswerl
Mayor Suarez: Couaselar;'dq
ut►derstand . it to be a , _requi
the emergency but "it ,'woull
there's-somethiag.� writing
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abi we can get into what those area
five days ago.
Mr, Plummer: Correct, sir.
A special session was called fore than
Mayor Suarez: You knew the purpose of the special session.
Mr, Plummer: Yes, sir, correct. And I have no backup documents Whatsoever,,
Which is required by charter five days prior to a meeting.
Mayor Suarez: The essential terms of the deal that was being proposed to the
City and the reason why it had to be done by December 31st were stated clearly
at the last Commission meeting and restated again today. Now, if you have
problems with it or with the modifications, you can...
Mr. Plummer: Mr. Mayor, I have a problem when I'm being asked to vote,,.
Mayor Suarez: I understand that, I understand that, but it's...
Mr. Plummer: ... and I'm given a document for a multimillion dollar deal that
I just received one minute before this meeting started. I can't tell you how
much conflict I have with this document, I haven't seen it. I got this one,
in the hour that I had it, I went through it as fastly as I could. And then
when the City Attorney walks in to discuss it with me, he's telling me that
the points which I made in this document, they've been resolved or they've
been changed or they've been modified or they've been deleted. How in God's
name can we do business like that?
Mr. Fernandez: For the record, it was late Friday afternoon when the
settlement agreement finally took the shape that it took, the copy of which
you got this afternoon, Mr. Plummer, since this morning I have had occasion to
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speak with four of the five Commissioners and, as a result of their input,
additional input since this morning at 8:30 that I started meeting and calling
each of the Commissioners, they gave me their input. On the basis of that
input, I contacted the Brickell's firm around 12:30-1:00 o'clock this
e;
afternoon after we had worked out the additional language and the Brickell
firm, Shutts & Bowen, they went ahead and they included some additional
changes to reflect what input individual Commissioners had given me on the
basis of the proposed settlement agreement...
Mr. Plummer: Excuse me, how could individual Commissioners give you any input
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without seeing the document until one hour ago except for Commissioner De
Yurre who said he's been working on it?
Mr. Fernandez: I've...
Mr.'.Plummero I can't give you input of any: kind when' I don't have a'copy in
front of me.'
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Mr. Fernandez: I represent to you that the remaining four members of this
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City. Commission, in conversations with myself individually this morning, after
I explained to them the salient points and the points that, in, my opinion,
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needed my legal attention and their input, that they gave it to me.
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Mayor Suarez: Let me clarify one thing, if I may.
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Mr. Plummer: Sure.
Mayor Suarez:` On the issue of modifications to what we have before us and :to
what youwere properly notified of by the rather short statement' that I made
in the calling of the special session, I think you have a valid concern and.,
you may or may not be able to invoke the rule on that. And before we get'to
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that point though, let me say on the calling of the special session, there is
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no requirement of an emergency and I just wanted to make sure I could quote.to
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you from the charter on that or the code and I have the provision here. It
says that I can call a session for any consideration of any business.of public.
import and without complying with the provisions of this section otherwise.
So this is obviously a matter of public import, now, again on the issue of
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modifications and our understanding of what we were going to act on today,
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You understand that this is something that was begun by this Commission to bek;
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considered at the last session and, as such, we went into many, many things
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and that it is extremely complicated, I understand that from a memorandum
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Mrs Matthe+,a Schwartz: Mo, I believe it vas dalivered to each of the
ftmmiseioners on the 21st.
Mayor tuaret: With the essential terms, if you have problemia from that point
to the present, we may or may not have a problem with the five day rule and
you may or may not want to invoke it, but,..
Mr. plummert Mr. Mayor, let me just give you the one thing. In a way I guess
it would be in our favor, in a way, it could not be in our favor, Pot
example, it is clearly stated in here what we were told at the last meeting
that any interest that was accrued off of the account at that time of 'a
million three, would go to the Williams Group. That's what we were told.
Then when l read this document, the first document that I received, that's not
the case. They would get the equivalent of two years of interest at 8 1/4
percent regardless. The equivalent to, not the interest, equivalent to.
Mayor Suarez. Not the actual interest, but a minimum of two years worth of
interest.
Mr. Plummer: Exactly. Now, in the document handed to me one minute prior to
`the meeting, I'm being told, because I haven't seen it, I haven't read
that that provision has been changed. Now, you know, this is no way to run.ani
airline. How is it changed? I don't know how it's 'changed. But here's::
the... you know, this is just one thing. I think it is an insult to ask .this.
Commission to vote on a document that they've not even :seen.I just don't,
understand how you do business that way. You proceed the .way you want:: w a
Da ,Yurres - Let ,me add; that ,the -,,. during ,since- the:;last :'meetina..was
i ve ;their .the cone,
at. whatover = the ,p
toally; I reque
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Hro Pltilfft6er. Thane mother subjeet of d1§dussi6n, lJflf Meau§e VVa got a
probl'etn in there because one of the stipulations in hers' by the trickell
fimily) and rightfully so, is that the new pareel has to be no�pieted.' And it,
that ponies are insufficient, where is the additional Mahe§ going to come
from to finish the thing?
Mr. be Yurre: Based on the estimates of what..
Mr. Plummer: No, no, no, Victor, 10 years of being on this City Commission do
hot bank on any estimates made by the administration, And that's not this
one, this is going back. You know, that was buying the`PEC property for=
$12,000,000 which we Danny Paul well knows we paid $21,060,000 for. Those
are the kind of estimates that you get.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mr. Plummer: It's worth double that? It's only because you represanted them:'
Mayor Suarez: Let the record reflect that was a statement made by Dan Paul,
who is not...
Mr. Plummer: Go ahead, go ahead, I mean, that's another, that's...
Mayor Suarez: who is not paid for being here and,; therefore) does not'
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have to register with the City ;and if he were paid for being here, we'd really
be in trouble because he's also my partner in a law firm.
Mr. De Yurre: One thing in...
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Mr. Plummer: I don't know who to offer my condolences to.
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Mr. De Yurre: You know, one thing that we can maybe consider is the fact of
saying that the interest will not be paid until the park is -completed and if
we need any of 'that money to complete the 'park, you.know, that's .: .<
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Mr. Plummer: Victor, that, tome, is a minute point, OK? . I mean, ` it's' just cfF*a
one of the questions ° I was going to raise to put on the,:record I've =`got a
series o£ questions here ' of roughly' thirty questions. that. are root answered by vary
these documents.
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Mr. De Yurre: Well; 'go ahead. �.
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Mayor Suarez: . Yes, let's. go ahead into the merits because I to:: it., this.
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point', "call your attention onceL again to section 2-13 of the Miami Code rwhicli-.
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says that, ".`. nothing in this section shall", at subsection nine,
nothing. in this''section shall prohibit the Mayor from calling special meetings
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at any time he may deem proper for the consideration of any business of ',public
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import and without complying with the provisions of this section, 'which:'
include the section on the five day rule". So, the five day rule can be.
deemed 'inapplicable if there's a matter of public import and I think .this-
Commission believes that it is as I do. Now, that doesn't mean that you; don't:
have a right to complain a great deal about modifications and, indeed, .to
review them at length if we're disposed' to do that today. And, frankly,
there'll be a moment at which, I don't know about Commissioner Plummer who's
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concerned about the specifics, or the rest of the Commission) you apparently'
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dare very familiar with them, Mr. Vice Mayor. But, for myself, the idea wasq'
that most, actually all Commissioners would be reasonably satisfied with the
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basic terms of the understanding of their deal. And, if not,,that I,would not
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'call a: special session and I was advised that all: of us had been ,pretty: much
'given a' briefing on what the terms would be: and, therefore, called : a special'
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session, If that's not the case, then I'd like to.know'.about it. Secondly -
if. . there are modif icat ions from the last deal' we;- understood :,to . be the:
-that had been worked out, I think we ought to just , go ahead. and go into w
in fact they're more favorable" wou
think"
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Mr, Plummer: Mr. Mayor,-excuse,me, once againr�.Eor the record, I donut„
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This document which is the ;final was handed each one of 'us orie minute before ui'
this meeting ,stortedr So .I .donut' �tnow what thei con
'llrt r,!y?
Mr, be Yurre. pure, sure
Ctrs. Mannadyt Right, but lights is a problem as is irrigation and tourt and
Meld improvements and so forth, so I think it's only fair that ve refer it
back to the committee that this Commission created.
Mayor Suarez: I hate to profess ignorance, but I don't even knav where
Friendship Park is. 'Where is Friendship Park?
Mr. De Yurre : That's where we built the other day at boughs Park;
Mr, Dawkins: You know, I was,..
Mayor Suarez: Oh, oh, OK, because you translated _.�•.
Mr. Dawkins: I was hoping, I was hoping:..
Mayor Suarez: OK, I'm sorry, Commissioner Dawkins:
Mr. Dawkins: I was hoping not to get into this but I have earmarked Hadley
Park, Range Park, Clemente Park and Comstock Park and I don't intend to go to
no advisory board to get it done because you didn't go to no 'advisory board
with Bayfront Park. So now, that's my statement.
Mrs. Kennedy: Range Park has a need of $340,000, Comstock has a need of
$86,500, I have a list here of the difference between the allocation and what
they need.
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Mayor Suarez:_ The ole wish list.
Mrs. Kennedy: Yes, I always have this.
Mayor Suarez: By the way, superficially, I'd have to agree on Coral Gate Park`
and having lights there.` That has got to be the City's most used park andI
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know they've been asking for support from the City in trying to provide
lighting there since I>came on here —But, of course, we do have other needs
and the Commission can act on:,,lit as quickly, as we'd like to with or without
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"the recommendations of the advisory committee.
Mrs. Kennedy: Coral Gate .needs $183,000.
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Mr..De Yurre:. Yes, but for lighting, it's...
Mr..Plummer:.,:Well,of.course thats...
Mra.-Kennedy:. The lightingis�$75,000.
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Mr.'Plummer: .'.. I`think-the `Mayor rightfully, said that 's,not:to_ be<decided
today....
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Mrs. Kennedy: Right:.
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Mr. Plummer: ... when you go to a wish list, that was what, in fact, the:
'people were allocated that they could have to use in their park and tell us
howthey wanted to use it. So it doesn't mean that more money couldn't , be
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added to each one of those situations.` I 'don't think that's really the
question of what we're trying to resolve today.
Mr. De Yurre: No, I just... you know, for the record, since, you know- I've
worked and I asked to work on this contract and I: -think that,if it weren't for
my input to get this $500,000, it would be sitting at Brickell Park '`becausa
they wanted it as part of the escrow money to go to that park that. -my wishes
that it be used for lighting for the kids baseball fields is.to.`get the kids
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involved in many of their programs after hours when the parents can get home
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from work and be with them and partake of these activities, that, you 'know,"
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that . it be heated and, hopefully, we can just earmark it `for . lighting.
think it'd be great for the community.'
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Mayor. Suarez; I think at least one additional lighted baseball diamond would'
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b$ extremely important to the City of Miami so you'll have my support obi that
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at ,the appropriate time. Where its done and how many we do, youiknow, it haQ.
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to::bedecided b the:Commission.. sf
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t i'd just like to say that,, you knew, let's sat
-$too,) 060 then
we 11 emfi back and discuss it it the beginning Of thb.ybms
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Mrs. Kennedy:
me too.
Mayor Suarer..
And, t guess to follow Commissioner Dawkins' concern that we n
don't spend too much time getting anybody's input it the advisory committee
wants to give
us input, maybe you aught to let them know real quick, Mr. Parks
Director so that it the Commission goes fit to act on this as quickly at the
next meeting that, you know, they won't say later that we didn't even bother
to consult them, and I can just hear the chairman of that committee pounding
on the podium
there if we don't at least let them know that we may very well
go ahead and allocate that money at quickly as the text meeting.
Mrs. Xennedyt.
Let me just say for the record, following Commissioner Dawkins
recommendation, it adds to a million, six thousand five hundred dollars
($1,006,500),
so we definitely need the input from that committee.
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Mr. Plummer.
4.
Mr. Mayort may I'm sorry.
Mayor Suarez:
Yes, commissioner, yes, let's get into the, actualterms of the'
d e' al.
Mr. Plummer:
May I f once again .request under our, section 8 that�:, 11
would like a
copy . of,i.the thir( party,: agreement. !,,n-eea that', t6l�
with the full-,
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understandin,g": on my part - that 'nothing shall be.'used
litigation.
INAUDIBLE COMMENTSNOT -ENTERED :INTO T'HE, PUBLIC.: RECORD.,,:
Plummery
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haven! t.:1 alreadyT�,�'.,
mean,on, , bet
the �, B'r icke 11:
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cause.. .apparen't.Ly-.':.I., m �-the
l'ationships., Ikiwe agreeto
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reement the
every;Ieast...
Fernandez:, Ohly.two,--' Oikti-
ayor Suarez OK, . all right, if we,agre6to11
ha`t,'111, the entire swap will, be 'worked out?,.: And
ave?,.the.various vartieshere who have authorit,
a -or SuareZ:OK,
;you!re satisfied''thaii
=er I Go' on,
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anything? t)
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,Fernandez The .`next ':step ;:will;=be" that both the""Brickells aridY the' Cit
L `go in' front of the federai` judge in, front of "whom this case . actuall
I he will enter 'an order adjudging the property; the",`title, to` th
Lal' ground and to' thepark,'7 existing=Brickell 'Park, to be in the BrickelT
the heirs, the Brickell heirs. Thereafter, the `Brickells'have negotiate
are 4nthe ` process of, ,negotiating with the Williams -Group,who have
tract to purchase the point property, and they will make or they will caus
-Williams Group;to cause the point property to vest title in the`City: A
t.'point', at the time of closing, it would be simultaneous closing, when
Brickells and the Williams Group are going to be closing on'the Brickel
k:and the City and the Canadian corporations that own presently. that ow
point' property, will be closing with the City.. So it:''will,;;be
inaction where two closings will take place....
Suarez Is it clear that it can anlya. take glace' if it {takes p1aG
iltaneously with '.all the part i"es k Otherwise f tonc'e sagain,� wergo back,�to } h
Lnd. rovision
p
iided-`or aomi
Fernandez."
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j;�tiVliif3 C7�lli 11.i iLL 1I1,4xG11�V41i"
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ieer, that hepreiig .It A66m,vt go th �rMigh a
yernendez: Then the City, and the tricitells voul be back in' the
tIon they were prior to the aettlbment egkbemon and` , notuellf the
16" lle would be giving the City a warranty ' deed" with `'the . ae�r►e �onditione
,-they gave when they Initially gave the property to the City beak in 1024+
,r Suarez: Oki and sae can bind them to that such that if :they'.didn't want `fix
,ofaplyj we 'could always force a court orders
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Fernandez: Yesj its part of the settlement agreement,*07
it Suarezi Oki now on the actual' - assuming then, that we for4itd3:with
deal j , what °does the City end up with? We end; u w th 'the ,;itfver f�bint � �� �"
ierty subject:" to certain i conditions and we end up ,wh ,some cash ;}'W } k r '`
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Fernandez: One million,, eI¢ht hundred.,.
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Mr. Walker3 Yes - has certain contingencies set forth in paragraphs four and
exhibit k: One of which is that unless certain contingencies which have not
occurred are satisfied before S,00 o'clock p.m. on December 21th, or unless
the performance of those contingencies has been waived by the Williams Oroups,
in this case, the purchaser, that the agreement, by its own terms, will
terminate. We began discussions late last week realizing what the schedule
was before the City Commission to attempt to obtain an extension of those
agreements and, in my view, we may have obtained it. It's not entirely clear
that we have, the other two of parties whose consent to that extension is
necessary, have consented orally but not yet in writing. We are...
Mayor Suarez: Why 5.00 p.m.? Because you assumed that whatever took place
today here would take place within an hour of four or just...
Mr. Walker: No, no, no, the 5,00 o'clock p.m. you'll note was written into
the original agreement back three or four months ago. It was Just an
arbitrary time of day at which we could determine whether or not something was
going forward.
Mayor Suarez: And it's by what date in December?
Mr. Walker: December 27th, but that agreement was signed September 12th. The
December 27th date was purely coincidental.
Mrs. Kennedy: Which is very normal in real estate , of course.'
Mr. Walker: Of yes, the agreement simply, Mr. Mayor, had a time and date in
it for a deadline. It was presupposing that a closing would occur on December
31.
Mayor Suarez: I mean, we don't usually act, you know, in the last fifteen
minutes of an agreement that might have all kinds of dire consequences.
Mr. Walker: The agreement was certainly not....
Mayor Suarez: And it's just pure coincidence that - I want to clarify for the
record, I didn't schedule this meeting at 4:00 o'clock today based on your
deadline of 5:00 p.m. In case any other Commissioner feels I may have done it'
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for that reason, but it is an incredible coincidence.
Mr. Walker: And the agreement certainly was not drafted with this meeting,in°
mind.I'would also add that obviously members of the Commission feel that it'
would have been helpful had we met with each of you individually prior to this
meeting.
Mrs. Kennedy:Let me just interrupt
j p you for a second. I was asking that Mr.
Mayor, usually I meet with everybody who has an item on the agenda. Nobody
has come to my office, no one has seen me, you obviously have been working for
the past ten months on this, but there have been some changes and I was not
aware of until the City Attorney talked to me a couple of hours ago.
Mr. Walker: It was certainly not the intention of the Williams Group top
deprive any individual member of the Commission or the Commission as a group,
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of the opportunity fully to consider this plan, discuss it, to express; your
concerns. I think it was the feeling of the Williams Group that it was-the.,,r
feeling of the City staff that it would be preferable if we not have such
-meetings, believe me.
Mayor Suarez: Although, although,..=_
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Mr. Dawkins: Sir, those differences work
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that you had to out Did you and:
the'City 'Attorney reach any agreement` on them or did 'you' either of you,
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compromise on any other... what is the status of it?
Mr. Walker: In terms of - there are two separate2 agreements, Mrs Dawkins..
There's one agreement between the Williams Group and the: Brickell family and a,
companion agreement between the Brickell family and the City of Miami. The'
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discussions between myself, representing the Brickell - the Williams :Group-'
and the City Attorney representing the City since we, are notsigning the'same
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agreement, we have participated, all three parties have; participated in the
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discussions, and I believe that it's fair to say that, except for one, change
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in the final agreements or the final drafts of the agreements, of which -we`
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lk December ` 'Moo'—, v ra e
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wara n6t aware until gust before this meeting, that there has bash give and
take on both aides as there always is in a cmolex transaction of this kinC."
Mr, Dawkins goi�ii
Myr, Walker- but that the agreements, as presently draftedi represent a
Mr. Dawkins- so, it Would be safe to say then that in the event that we`pass
on this, it's go. That everybody is ready to go, nobody is going to back out
that we're goings Is that a safe assumptionfi
Mr. Walkert That is corrects
Mr. Dawkins- OK, now, Mr. Manager, I heard all the legalese, what is the
financial gain to the City on this?
Mr, Odio- As i understand it, we get $500,000 immediately that would go into
our park funds and for whatever reasons you want to use it for. Just based on
that alone, and that we need to improve that River Point property. It's the
entrance to the river of Miami where we have our Xnight Center. Just on that
alone, I would recommend it that we've been trying for years to do that. Ands'
what is going to add to the tax base, once the property is developed, that...
Mr. Dawkins: Which property now? See, be sure you tell me which one you're
talking about putting tax on.
Mr. Odio: The church 'property 'and..
Mr. ,Dawkins: And the one...
Mr. Odio: and the next property next door will be: developed and the`.Cityr
.the
will get on 'tax. F
�
Mavor:`Suarez: Yes.::don'tmix -in the chur'ch,nronertv:..
..
L11�
r"''
would abide by and would be empelled to abide by, the provisions of the
charter, the 50 foot provisions, but also that they would have the Usual
obligations as to maintenance of it and all the other obligations that any
other property owner, if it didn't go through all of this, would have as to
development of that property. That was one of the concerns that he expressed.
Is that correct, Mr. City Attorney?
Mr. Fernandez: Yes, that would be any development that takes place on the
existing Brickell Park would have to...
Mayor Suarez: Right, even with this convoluted way of the property going back
to private use, those provisions would apply.
Mr. Fernandez: I imagine they would need to come to the City to ask for
building permits and...
Mayor Suarez: And we would have the same rights as we do on any other
property? -virgin property, property that has not gone through this convoluted
process.
Mr. Fernandez: This agreement does not vest in the new owners of who ever
turns out to be the owner of the park property, any greater rights.
Mayor Suarez: The reason I ask is the charter amendment came into effect at
some point in between the time at which the Brickells ceded the property to
the City with certain restrictions and I don't know what effect all of that
may have. If you're convinced that it would have the same effect, you know,
unless Dan wants to say something in contrary to that. That other concern, I
think was, Dan, about the removal of the trees and so on, that it would be
done properly, so we don't lose all of that vegetation that is now in the
existing park.
Mrs. Kennedy: Yes, I agree, Mr. Mayor, whatever this Commission decides, it
should add to the park ambiance and river walk atmosphere that we are
creating.
Mayor Suarez: Did I misstate anything, did I forget anything, Dan? Would you
come up to the mike real quick in case I forgot something.
Dan Paul, Esq.: I think you need more here than what the City Charter
provides. I think you need, and I've looked at this agreement, and it does
not cover the two points that I'm concerned about at all. I think that there
ought to be a commitment made now that the new property to be acquired, that
includes both the park property and the church property, there ought to be an
affirmative commitment on the part of the new owners to construct the bay walk
and to maintain the bay walk and an affirmative commitment to properly root
prune a sufficient length of time in advance, the big specimen trees that now
exist in the Brickell Park and put them over because we went through this down
in Bayfront Park and I came down here and the City undertook that
responsibility, but obviously we didn't have anybody in the City Park
Department that knew what they were doing when it came to root pruning the
trees and we lost most of the trees, they were just grabbed up by bulldozers
without being properly root pruned, stuck in or heeled in down in part of
-:
Bicentennial Park; and here just within the last month I saw Carmen Luneta's
people out bulldozing the remains of those old beautiful trees that had been
specimen trees that had been in Bayfront Park, all of which were dead because
they had not been properly moved. In order to root prune the tree of that
size, you have got to dig a trench around it, then f ill that trench with
sawdust and wait at least six months for those roots to then ball around
?'
before you can lift the tree out if you have any chance at all of saving that
tree. And there ought to be an affirmative commitment on these new property
owners part in this agreement that that process will be followed for the big
n
trees in the park. You've got plenty of provisions in here for a mausoleum
but nothing for saving the trees, et al, and, two, there ought to be
affirmative commitments, not relying on the charter provision because all the
charter provision does, it's a bargaining process and we ought to get beyond
that. The charter provision says there has to be a`50 foot waterfront setback
and the City Commission can waive that 50 foot setback in exchange for getting
certain amenities among them, a bay walk. But we passed that stage at this
point and we already letone developer slide out. The Commission insisted
r
«:
that the developer of the property that's now the Lincoln p p p y properties pay for
„
developing the bay walk on the church property.' They have never done it, they
`'
lb December 27l
hate river fulfilled their correitments to put in the restaurants which were
slat part of the commitment to the bay walk. And the bay walk in front of the
building that you and I practice law from is a sad Vacant place now, it locks
like the back end of a blown out garage. There's no landscaping in that area.
Thare are no public amenities, nobody's interested in using it and I want to
be sure we now have the opportunity to see that this bay walk is completed all
the way to the bridge and this commitment should be made to do it and then
you'll be able to go up across the bridge and you'll be able to go all the way
to the Miami Ubmans Club and, hopefully, when we get that one little piece,
you'll be able to walk all the way to Margaret pace park and this is an
essential link and I think it requires an affirmative commitment in this
agreement not relying on some charter provision.
Mayor Suarez- 1 made... I guess 1 misunderstood you on one point. 1 thought
that we just wanted to make sure that the charter provision applied, ban. All
I can guarantee you beyond that, if the City Attorney advises it, the charter
provision will apply is that when they come before us seeking any variation
from that, that we will impose conditions as harshly as this Commission has
'ever done, but seeking an affirmative commitment to that improvement, at this
point, I think would be premature because we're going to seek that anyhow,
believe me before they're allowed to develop anything.
r
Mr. Paul- No, but if they set back 50 feet, they won't have to make any
"commitment to you and we could have an outage in the bay walk.'-
"Plummer.
a
.rraut ,=:necause we�losc„it�;�aerore; .M;
yor ,Suarez:. Ares,;,,,-L.you 'about Jto',
firmatively..
Williams: ,Vm-,about.=to. answer all ,c
T1f
discussion was tied around the fact, going right along with your c6if%6ftts, Mr.
Paul, that that was going to be done by a flow of pedestrian traffic. It
currently doesn't exist in this entire downtown area and that is a place to
enjoy, for the City's benefit and for the population in this City to enJoy,
both in a work atmosphere, a lunch atmosphere, or relaxation atmosphere, I
think our plans which, as Mr. Walker reminded me, are not drawn yet, will more
than supply that amenity that you're asking for.
Mr. Paul: Well, but I think the place to put it though is in the reservation
of the deed so it's in the chain of title because these people with all their
good intentions may sell the property to somebody else, and that's exactly
what happened in the case of the Lincoln properties. The original owner of
that, who came here with Mr. Traurig and made all these commitments, and I was
here about the restaurants because there was a great deal of reluctance on the
part of the Commission to let them put garages facing Biscayne Bay, and they
were going to face those garages with restaurants, they were going to beautify
the area, they were going pay for putting in the bay walk over the church
property. The church had agreed, at that point, to give an easement over the
bay property which would connect with what was then the Holiday Inn property,
and if you look at the bay walk in that area, none of those commitments have
ever been complied with. The landscaping is not there, it's ugly. It's not a
bay walk, it's not a place that anybody would like to walk in. The time to
protect it is now. Not at some later process after somebody - after the
Williams people have decided they don't want to develop it and they sell it to
another developer and goes downstream as happened with the Lincoln properties.
When I talked to the Lincoln properties people about the commitments that were
made, they say, well, that wasn't in the chain of title, we don't have any
commitment to do that. But Ray Nasher was here and made those commitments.
I'm sure you remember them, Commissioner Plummer and I'm sure you do,
Commissioner Dawkins, and all those commitments were made and none of them
have been complied with. And I want to be sure this time the public doesn't
get the fuzzy end of the lollipop. I want to be sure that these things are "
written in black and white...
Mrs. Kennedy: How descriptive.
Mr. Paul and that we actually have them, no matter who finally owns the
property. And we'renot going to get it unless you put it in the chain of
title and make it a covenant running with the land.
Mayor Suarez: I thought we had sufficient protection with the charter:
amendment which you helped pass and I thought that was the whole °lollipop, I
guess, but do you have any problem with building in language on an affirmative`
commitment of the sort that Dan Paul has referred to?
Mr. Williams: I'm only going to speak as somebody who's paying a lot of money
for the park. We are prepared to be treated just as everyone else is treated. -
It's my understanding that under the SPI 5 zoning which and the DRI plan that
a great deal of work was done on behalf of your City and your development
authority. Those types of setbacks are requirements to do any sort of
development. Now, our history will show that we don't do things that don't go
along with the requirements in the cities we work within. So I can't say in
any stronger manner that we usually abide by the rules were given.
{
Mayor Suarez: Well, I'm also sure that your history and background and
credentials would also show that you're in this basically to make money and
not to beautify, as you have stated, the area around the bay, so we want to be a N
sure.
y
Mr. Williams: I can say, Mr. <Mayor, that a lot of the `money we make comes: rya
from the beautification of the projects.
t�
J.
Mayor Suarez: Oh, I think they can always be`doae one .in consonance with then
other, don�ft get' me wrong, -'I just r
r
Mr, Williams. OKJk
.
0 8
Mrs', Kennedy. : 8ut then again, Iou see, wig^ d01�'.t know.,,.you Q^��. .
�`§ Mr. Williams; x don't Snow yqu' ether. �� �
1 r 4 ,. } ':r .:•'.' ; . ,' ;i 3 ;t � r z � 4 t it �> r 7 , i , � � �Y�.w�ri�r'�'',.� � x:
w.mer: Well� that was poi�g to be my,,► `�rr .
k 1 �hK'k'�2d
f
Deg s1A1?sr79� r`
f T
f
t
i r,r Paul Put it's not ju§t this group, It's what group ;that may, ems iftAr�
They Iriey deoide to sell all the profit t6 AJ66 hulidoler IA find he diould uo
'
bob as to whether these things are Possibly done
Mr. Plummer: tiow about flmbarI6 Pulldopter?"
Mrs. Kennedy, Then you can be sure that that wbti't happen.
Mrs Paul : ieean when the pity gets in this kind of deal, that's the plate
that the public should get their protection is by putting these cavengnts in
running with the land and then we won't have any problem. The trees will be.
protected, l mean, our track record is miserable right in this area.
Mayor Suarez: Let me ask about the trees, the second part of your concern.
Vhat assurances do we have on the relocation of the shrubbery, trees
ry
vegetation, whatever it is we're relocating from one place to the otherfi Is
that built into the agreements
Mr. Paul- Not a word about trees in.there.
�� z
Mr. Fernandez: No, the only thing 1
other.is the mausoleum.
L
to
eement sc
it also
like we` c
Sure`.
r supervis
been .set aside j
"IA f
1, we , certainly; _'wi,l
aedy3 ; ,tr, ¢ipy.°At9rr�ey,77
do:` we know„w
` t k
l f
!a er ends : Lsig, VA know whit we have Agreeda
i .
p�sul.I But, if they don't agree to pay for them,
it Dili ever' et, o ea a
the ityi won't have the moneys to do Its
Mayor SuAregi Vail, it may be itu;l.uded in the funding for the refurbishing' of
the now park.
Mr. Fernandez: it's beenMr. Andoiinal the one that has 66tinifited the toot of
approximately one millions point two to build but the
point property. Ws have
not gotten involved in those estimates of his.
that is as economic'
feasibility studies
Mayor Suarez: Yell, Matthews here on behalf of DDA,
what did he have in mind
with that? Did he include the...
Mr. Matthew Schwartz: That was based oft '$14 a'square
foot for the development;
of the park site. There are a substantial numbs of
trees on the River Point
property and Y don't believe any consideration was given on moving those, trees
as part of the estimates,` but it's...
Mr. Pault Yes, it's what I thought.
r
Mayor tf S
Suarez: On the River Point t1 �n ro ert 7
46
k `k i i5 sib 3!g rt''
t r..� '�y+A-'§
�
��'
I y +
ltligtltote1&11268in trafi§ t6 �dtti�' `PiAl Noatmfl
ThodWY knft hbV *
tO A6 'It'd
k
Mi, fad161 The City i6rdinattea g iit i�t g1 9 ill fg t tag r�s�r�te� � .
+
406 that in thb brdinAftee.
s yruu
Mayor Suaret: Arid that vouid a pI Ova 6�t��fit�!
r
I,�'z r{
{�; * 3vuty e t 1'u><; ql x� I'#
Mrs did ibi. Mess
r a.
{
2r r [ `� �n •'r4 # � ,�'-.
Mr. nikesMr. mayor ,�ir i� tnrf�i'f t% t, ,y K f Nv�
available for i`bmt5ti&i J}x kafi' K 12ea�i zr 6rf4stf' c 1 at
r {o- fir z !
!
AM #
��} aye. }�yy �y+ '} a rby�d, g g; at' P
�iri Dawkins ! #old it`, $ [4 a _i •� 'Y t tw i i 5 ,{ iff n 2ltl '7 p i .r.
F'�'f..� F�,t a.'ha .i jl r fi,• 4(�s#`�+z,#i1r u._#, ,.�yi`'tt`'Gf? ii �«'• S I''i(f !(�7rs �' °}RS-
r a k't t 4 v y'di r" Ynx#:'j,kf 4t zAr( s},+y.,erx! k, rs;Y#.,5 & t�� �F:�''',`m° t " g'y #ia z•3-r1
�j Paul.. �tSZ
ri ��ul�a, but it1�►s'` 'rnb
Cltafl.��-�t�'.,�#-
sy"�4�?"•.>4y'�.t.'vs.§k.�
MOving than r 4e t ✓z P tj h t ? w rt $ r2731 k J� 4 t � r i kxsr
ibr' Suarez i Ca- �s� iI zot noj ; LaWk�i jl�lyo. i r Y 1�1 44 �jilf,F, ty��fii �iW�"fi�Zt '�{+.i; '�il a`S 'f�{M+a,�t' k�ir�C.+' �"4tTr ' �a�, k�;�M't f�i�.43t��s�3'j7�7i `�di �t��E,k,l� ,tt�E21y:� � i��"�F{ � •`M�"?..�h"+3`,7?:ri#tE?�(F .0 �'� ���'fty}.#,'c. `S�.«t" � ��+'', 3�' '_ _
Yf
f r 7 A } r {h ttG ut�b r7 •
.j; 4 t d {r �.. K7ti9.t:#�.�s hlE�Ybj�idaxf:z,�. t'�rx'sdF41rFt i`"
VP
k ,- • Y 7 4� fiY d 9
.. , + x d
•M. 1'1'umme"r. ate s talking abbot a lot bfa`tfibnej►i era � �4�s y;i1x- q�rta kl��I�.���;�a�,. ��;�••
1 t f ° y`f'�s 7 f• { i r f !� t fr ni rw fi tic ,�t r� 3r �'' �Y� ;�, ��'�� s3��' aE� I b.,F
� � ,� {`' v rr zi .a { yi, #i '' •y �i)Ip�tFtwrv�R �t�*�tl' 'G�r��,¢�� �`,�'`�`�", 2
�MrDawkins Matt said that
. i �
1. Y 45 ,��"�Aif "�F�j�SY•� g
'Mr Walker. We are rovidin `the none , excuse me Mr Commissioner. Mr
P B; y
g`✓ y '4
�Pau1�� we are providing the money, we're providing , ^,�,�����
�Mr. Pauli You just heard Matthew .:Schwartz say ,that that money;the���r$14 a ��
;square foot, h is'• necessary_ for the .`d'evelopment t of Brickell Park; a that'�doesn,!xt �
include moving,th6 trees:`
Mr 71,
'Walker We didn't discuss with the City and weren't a, party to thFe t Rfr
r
rnegotiations v�ithin`�the�FCity,,as to. what it was -going tondo with money that
asked us to ..contribute toward 'the" cost of" improving the; park. They told us ` '
dhow much': it would "take and that- number,' frankly; lies grown; over time and` ourh �s
commitments , have:. _with ,it to the :.point where we've :now agreed =Sto provide ¢��� �'
ra fixed '-sum of- money, for the 'development of '.the park We haven't toldk the4�
City how to.t*, spendi,
KA
Mrr,
which tlas across the river next to the Itiverpare Motel
which cost $12
a square fort which is a fully developed site, This dark, I
assume, would be part of it would be passive, so I'm sure.,.
Mayor Suarez:
Part of it? All of it would be passive with possible ekeeption
of whatever 'dice Mayor be Yurre Was talking about. You don't have - nobody
has any plans
for anything of concrete in this park or anything like that,
right? You don't have a little pocket budget for a monument or some sort on
this park, right? It's basically a park for people to go in and enjoy the
trees that Dan
Paul Was talking about and...
Mr. Plummert
well, no, no, wait a minute, wait a minute. It is spelled out '
in here that there shall be an entrance. What is that entrance estimated to
costfi
Mayor Suarez-
What does the entrance entail?
Mr. Schwartz.-
I believe there's something like $300,000 that would be,
available based
on the calculus...
Mayor Suarez:
For access.
a;
Mr. Schwartz:
... for access from the Brickell bridge into the park.
Mr. Plummer:
No, it says, an entrance.
Mayor Suarez:
But he's talking about what sounds like an entrance, meaning... =
Mr. Plummer:
It was in the old agreement, I'm assume it's in the new one. I:
haven't found
it. F;
Mr. Schwartz:
.I believe:so.:_
Mr. Plummer:
And does 'it not say that''the' has:,,to constructithat'
entrance?
5
Mr. Schwartz:
That's part of the development program for the park. 1
Mr. Plummer:
But how much is that entrance anticipated to cost?
Mr.' Schwartz:
I believe there's a figure provided in the memo that ,you
received on the 21st that talks about $300,000 for construction of an "entrance' '
to the park plus for maintenance of the', park` continued funds that would be"
available for
the maintenance. Y ��
Mayor Sua_rez:.
And where is that coming from? We're getting that from e
x
Mr. Schwartz:
That -is from the condemnation.
+Z
Mr. Plummer:
That's out of our money. ss,,
Mayor Suarez:
And we're getting condemnation from the x>
Mr. Schwartz:
The : money that we 'received from :.the ;,state for the 'Brickell;' t ;
bridge.
. - 51s+
Ma or Suarez:
Y
If the want to, take art . of that'" : ou know that ''land which
Y P ►
they need to
do the Brickell bridge', they're. going :to.:have to pay us ,F
approximately
that amount which would be .used for.that.purgoae Commissioner
Dawkins.
F
3
Mr. Dawkins:
Mr. Mayor, you know,.somewhere along:the lines,,: we dropped, the
7
ball because these trees should have been preserved and: this should have been ;u
budgeted in and factored in. And I agree with the gentleman, you know, `< k
�f
everytime you
look we're asking him.for something and.they step back backwards
and they come
up and they meet it and then we come back, we ask for something Y�_���
`
else. I mean,
after while, we got to - somewhere along the lines, we got to
wr
fish or cut bait. We just can't keep telling him well, we want you .to do thit3
and then they may OK and then come back, I mean, it's
k
going to. do tt)is,
you unfair. -If.. we're:
let's do it. If you're not, let's don't and let's go home„h
The second thing is, Mr. Mayor, I'm happy to see you got Dan Paul buck downy s`
t
Y
.22 A,pce�nb�r7 h
SYIQ >Xs�` It
e
,1
PR Apom usq' 9 u6Pll1'mli
:-liked was 'this C
err V&Ikgr: Mrs plummer, the Rivarpointproperty will be conveyed to the City
pursuant to the tem,s the ,agreement, a copy of which l game you A few
minutes agar
Mi. plumer: tut isn't that the Agreement between you and the priekeli,s, riot
between you and,&, no one with the City.
Mr Odio: Sally's telling me that there is no clbsing.,
Ma. Richardson: There shouldn't be any closing cost on the Oity"a part.
Mr. Plummer- Well, that's all I'm asking, that that; they be reduced to':.:
q
..,
writing that there will be no closing costs,
Mr. Odio: Just spell it out.'
Mr.`ernandez: 'There will be no closing oasts incurred .to theiCity.
.,
Mr. Piumtner: It's not in here.i..
Mra kennedy: Why didn't..
Mr. Fernandez: Because there aren't any, so he wasn't...' there are no closing;
x
costs that have not been provided for already. In number 13, that would be a
closing cost which otherwise, 'if, you know, it would be"arguable who would
y''v
have to pay it. By including it in number 13 the Brickells` would be'
responsible for causing a title insurance policy to be delivered to the City.
F}
Who pays for that is really up to the Brickells and the Williams group, but
�d
r
the City will not be out of pocket any money in his transaction.
s
Mr. Plummer: That's on the record, but it's not in the document, OK? Now;',
the other point. ;If this closing let's say takes place on April 20th as.
�F
proposed, as I am concerned about the closing. When would the actual Brickeit
Park, as we know it today, be closed and when would the other be open? In°a
other words, do we get full access to that property until such timemn
start renovation and the demolition of the other? W'
Mr.,.�-Odio: I -would suggest that they start demolition and construction of their
other park and'keep this park open to the: public
Mr. Plummer.. But there is. nothinit spelled
Deaambar,,27'. '40
Mr.Pliumer:Well,,I justthink..%.
.L.iet:.merei
e
it the t1bs1ng takibs place oti April 20th, April Ilati that
Mt. be Yurto No, ign+t thaw,.. afan+t we going to €adarai Court first and
the judge is going to award that pr6pntty to the Brickells "prior to the 20th
4-yogi
with the Cit
h \¥ \ � . .\ a
er
ter. Biu :ert Oki All right, In itesi ?, the monies
have full control over, is that borredt? Oki it
`tbonies that are assumed by the City, that the City
that we are required, we
states In here that the
has full use over those
funds, full approval. There are no restrictions in which anybody has any
control other than what is outlined in the overall, is that correct?
Mr. 'Fernandez:
Number I would be the condemnation proceeding from the State
of Florida. We're committed to using those funds that we get the proceeds.,,
Mr. Plummer:
But how we use them is fully our discretion,
Mr. Fernandeze
So long as we use it in Brickell Park, yes.
Mr. Plummer:
6K, We answered that one and that one. Reading from their
document...
'.
4
Mr. Fernandez:
yes,
Mr. Plummer:
... sales agreement, you have a copy of that?
Mr. Fernandez:
No, we do not. y`v
Mr. Plummer:
You do not? You have Been that document?'
Mr. Fernandez:
No, we have not.
Mr. Plummer:
You stated previously that you had.
Mr. Fernandez:
No, no.
a:
Mr. Plummer:
They said they furnished you a copy to look at and took it back. �r
ar
Mr. Fernandez:
They offered us to view that docuent, but we did not con ier'''
our ;inspecting that document to.be<;relevant to`this4settlement='agreement which}
is'for settlement purposes of a lawsuit. yip
Mr. Plummer:
According to their document, item 4::'Upon failure to`close.'this
agreement by December 31, 1988, this agreement'shall.be null and void and all.'
deposits and interest accrued thereon will.be returned to the purchaser:" Now
you have stated for the record that the closing is now not until 'April'20th
1
Mr. Williams:
Mr. Plummer`, can-, I say something? The fact is that we will get
an extension if we walk •out of:this room with an�agreement " If we ;walk
Mr. Plummer:.
OK,'I can only, vote what's before me, •OK? I 'can't gote on 5
anything that
you might or might not. get, .am I' -correct?
Mr. William:
Mr. Commissioner, I must remind you that' this document >thaty
L
you're voting
on, in fact, is.; contingent upon that extension being-' given, so
it is all wrapped
up on the one document: We walk out with an agreement and z3
we get the.
other agreement and the extension' is .there .permanently° and,..,"
automatically..
�x
Mr. Plummer:
All right, once more for the 'record, ,.,the re'are no =local '. nr,ay3
investors.
rr
Mr. Williams:
No,,.sir,
' KM`i
Mr. Plummer:
Once' more for .the record,'. the; church. property, .Presbyterian Jz�.
Church in no way has any bearing whatsoever on,this•overall transaction
`
Mr. Williams:
No sir, it does not, absolutely. none.
4r
Mr. Plummer:
So in other words, did L'undersiand. clearly, that assuming. ,Ua
'
without question,
as the Mayor assumes that . you will be coming in with an S `''atexr
{
; application to change the PR on the Brickell property.
Mr. Williams;
That's correct. fir t•
Mr. Plummer i
That . there will ; be ,no application on -,.the : church property byeroux, ,j f4 ry
f
group.
1
I
Thoaa two issues really arab't tied together„
Mr, Plunnart bh, 6kcuee tnel
Mr, Villiams. ,_, bee&uae the fact
Mr, Blumm&rt No, ne, nol
is, that if we choose,.,
Mr, Williams: Mr, Plummer, let me...
Mayor Suarez: Wait, jet me inquire here. What difference does it snake to you
at this point, and that's why he answered the question on this agreement, what
potential use they may have for the church property. That's a separate issue.
That's subject to all of the same considerations of any other property that
s
comes before us.
Mr. Plummer: Mayor,
Mayor Suarez: But obviously, they have in mind, at least, i gather, I keep `
hearing out there that have in mind trying to combine the two properties, one
of which is right next to the other,
Mr. be Yurre: Well, I think, -Mr. Mayor,that there may be more of a moral
commitment with this one as opposed to additional lands may be attached to...
Mayor Suarez: Oh yes, absolutely.
Mr. Plummer: OK,
Mr. De Yurre: OK, that's.. ~'
a"
Mr. Plummer: The reason I'm asking, Mr.:Mayor.:.
' Mayor, Suarez:' Absolutely,.'but I mean whatever rights they gain'from;.acquiring
the `other "property, that's a separate aspect, and it is not really to'this
Mr. Plummer: Mr. Mayor, I am referring back to section 8 of page 4, that the: jJr
City has a right to' inspect all documents in this transaction. Now, `if that
church is apart of this transaction; I wish to see those documents.
Mr. Williams: I'm ,sorry sir, I didn't hear you.
Mr. Plummer: I'm coming back to my right under section 8 of page 4. .f
Mr. Williams: The documents associated with this transaction specifically,
involves Brickell Point and the present property known as'Brickell`Park That;
is specifically what this transaction means. If in the 'future^.we
developers decide to go do anything next door on either 'side of the property' '
it has nothing to do with the park issue.
Mr. Plummer: As a subsequent date, you're right. I'm'asking as oftoday'
�.
Has there been any offer made as part of this agreement?
Mr. Williams: Has there been an offer made on the church ro ert as;, art Yof x �sf
Y -,proper Y r 4 P
this agreement? z s W,�`
Mr Plummer: " By the Williams Group,
t`rM1
�Mi., Williams: As'part of"'tthis agreement?
t Mt. Plummer: No.
r
'rs Mrs.°Kenned s There is probably an o tion to buy_, -the ro ert
Y P Y PP P Y, but not as
rP part of"this"�agreement.
Mr. Plummer; That's the point I'm trying' to make has"there beef as offer 4
made' by the Williams Group or any other group associated'' with this 'tranaeatiga
to' buy the church property?
Mar. Williams: I don't think we are 'prepared to discuss it today, Mr, Plumlgex� r>��%,"
r }°
our discussions with the church, if any.
V4,
Vi V
Mr: Plummer: That's a nice way of saying that it's not a part of the
transaction today. See look, the City has a right to know in full disclosure,
everything and who is involved, OK? Now, you are saying to me that you are
not willing to discuss that today, and that's your right, but under the City
Charter, we have the right to have full disclosure.
Mr. Williams: Mr. Plummer, the...
Mr. Plummer: And you are saying that you don't want to give me that right.
Mr. Walker: No, I am not saying that, sir. The transaction before you
involves two pieces of property, a piece of property on Riverpoint and the
Brickell Park property and those are the only two pieces of property involved
in this transaction. There are three parties and those parties are here. The
Williams Group has other interests in South Florida and they also have nothing
to do with this transaction.
Mayor Suarez: Yes and while we are on that and...
Mr. Plummer: But not as part of this transaction, air.
Mr. Walker: That's correct. They are no more a part of this transaction than
the church.
Mr. Plummer: OK, in other parts of this City. This is a total transaction as
I see it. The park is very, very contiguous to this project. I understand
that. Without this parcel...
Mayor Suarez: That's like being very pregnant.
Mr. Plummer: Yes, a little, my mother used to say, right. You are not a
little pregnant, you are either pregnant or you are not. You know, let's
understand. You are not in this for charity, you're in it for profit, and God
bless you, profit is not a dirty word, OK? What I'm saying is that when the
City enters into this, we should not enter into anything blind. If in fact
that church is going to be acquired, you know, you are talking about, based on
our zoning applications, you are not necessarily limited in height except by
the square foot that you've got on the ground, entirely different than across
the river, where there is unlimited height. This City might determine that we
don't want an 85 story building on that property, but unless the two of them
are contiguous and known at this time, how are we going to be able to make a
determination? If they are across the river, its thirty.
Mayor Suarez: Let me, while we are talking about all the properties affected
by this, allow Marvin Cassel, who represents the Ted Hollo property across
Brickell there, to make your remarks. I think you opposed the deal for
reasons that as you just stated to me privately, we ought to get them on the
record, Marvin.
Mr. Marvin Cassel: Mr. Mayor, my name is Marvin Cassel, the law firm of Broad
and Cassel. We are here on behalf of Tibor Hollo and Florida East Coast
Properties, the owners of properties at 444 Brickell Avenue, almost directly
across the street from the park area. Mr. Hollo ask that I put into the
record certain information. First of all, he is violently opposed, violently
opposed, to any change in the zoning from a park to commercial use. He feels
that he bought his property at 444 Brickell Avenue some time ago, well knowing
that the property across the street from him, would be a pathway to the water
that could be seen by people in his building. He wouldn't have to look in
windows of a tall building across the street. He anticipated a light view
corridor to the bay. By doing what is being asked here today, he feels it is
almost an inverse condemnation of his property. You are taking away something
that he intended to always be able to rely on by permitting this. In
addition, in our studies... and frankly we are rather surprised at the
Downtown Development Authority. We've always been told that a park isn't very
good as a park where its only access is shared by a hotel on one side and a
bridge on the other. This is not an accessible nor a visible park. It is
going to be a dangerous park, it is going to be a place for vagrants to hang
out, because they are not going to be able to be seen by the street. It's a.
very poor location for a park. We feel that at the present time the park is
being used by a number of people primarily the church and I agree with Mr.
Plummer, the church has got to be part of this transaction somewhere down the
line, and if they are no longer there, of course the use by the church is no
34 December 27,. 19B0
}
V\ P
longer there, but it is used by a number of people that live, a number of
people that store particularly work, they have lunch down there at the park,
they go down for a walk during their lunch hour, what have you. They are
going to be very reticent to going down to the point to crawl down between the
bridge and the hotel to find a place that is not visible to the street by the
police and by other people. City Planners know that urban crime and
deterioration increase where there are fewer viewers watching. You will find
this in this location as being a perfect example of this: We urge you to vote
against the request here for the exchange, which will ultimately be a rezoning
of the property. We of course will appear at any rezoning, but we feel it
could be nipped in the bud at this time.
Mayor Suarez: As a matter of policy, Mr. Manager, or Mr. Schwartz,
although... whoever, or both, we have all assumed all along and as I was
discussing this with Dan Paul before, we reached the same conclusion, but I
wonder sometimes about the underlying assumption that would say that this
proposed new park is a better location than the existing Brickell Park.
Mr. Odio: I believe so. I believe...
Mayor Suarez: What are the reasons for that?
Mr. Odio: First of all...
Mayor Suarez: Because he has pointed at some that would make it the other way
around, I suppose.
Mr. Odio: This park right now is not used, period. It has very few... it is
not used at all.
Mayor Suarez: What makes us think that the new one would be used?
Mr. Odio: I think it will attract people from the buildings nearby and across
the bridge. It opens up the mouth of the river, which is now with those old,
abandoned apartment buildings there, it is awful, it is an awful sight to the
river, and if it ties into the Olympian - project, for the future, as
you have seen it, which would take care of the other side.
Mayor Suarez: No, we are saying that people who are not physically in the>
park, but are across the river, would in effect, be getting use of the *.park
and we are also saying, I suppose, that people that are coming into the' river,
by boat or other conveyance.
Mr.` Odio: I think so, by river and by boat and then you can make it
accessible to them. Right now it has no...
Mayor Suarez: Have we concluded also that the pedestrians actually using the
park can be any more than the ones that are using the park now and it 'is not..
going to become a haven for vagrants and...
Mr. Odio: Right now, she's showing me the picture, I had not seen it. :You ,
f
can see this park is just locked in between buildings and the traffic on`
Brickell Avenue, there is just no way you can use that park, but once you open
it up here...<
Mayor Suarez: Well, I agree that it is not used much, because I look down at
it all the time and I don't see that many people there, but I am just.
wondering about the point property. You are convinced that people would use
that, physically, I mean actually go there?
�K
Mr. Odio: Well, you never know what people are
going
to do, you take Kennedy
Park it is just so accessible, that it is the highest
used park here. If you
make it accessible, people will use it,
34
i 3
Mrs. Kennedy: ...(inaudible)... used as a park?
t
Mr. Cassel: I frankly don't know, Mrs. Kennedy.
All
I know is that there area
from the church the school uses it for classes
people �
outside theplayground,,t
and so forth. I don't know how many people use
.
it, I've never done 'a count;•:_
but I would call to your attention one thing
that
the City Manager just' Y
brought to your attention,
14J" Y
z
35
pBGamber 27,
Y�
.�..kl..._.
------
F
Mr. Plumer: We don'it know if the church is going to be them or ftot, that
to,
Mr, Cassels If the parkin not being used, what in the world are you spending
$1,2000000 to fix it up for? 'Use it where it will be in use. This a
highly...
Mayor Suarez: Well, that goes back to our argument with Mr. Noguchi as to the
use of the south and of Bayfront Park. Is it for the use of only people that
r
are physically on it, or also people that are driving by it and going by on
boats and so on? Matthew, did you want to...
Mr. Matthew Schwartz: 1 just want to say that...
Mr. Cassel: Certainly the hotel people won't use it.
Mr. Odio: I have had people, Mr. Mayor, when I've been to the Holiday Inn say
they didn't even know it was a City park, because it looks like part of the
two buildings there.
Mr. Schwartz: The DDA and both the City Planning Department concur that that
would be a better site for a park.
Mayor Suarez: The City's Parking Department?
Mr. Schwartz: Planning Department.
Mayor Suarez: Ohl Scared mel,
Mr. Cassel: It would be a great parking lot, yes.
Mr. Schwartz: The other thing is the existing park has never `really 'been,
developed, it is a passive park. This park would some have some activities.
Mayor Suarez: To be determined at a later time.
Mr. Plummer: Well, I think the problem is that this one will exist in a
pocket. There is no question, and how many people will actually see it, or use
it remains to be seen. If the one that we have now is poorly used, this, one
I've got to assume would be less, because of the fact you are not even going
to see it and it is not easy access as the one is accessed to right now. You
know...
Mayor Suarez: If I was going to make my decision on the same what
Commissioner Plummer is saying, if I were going to make my decision on the
9
basis of how many people would physically enter into the park, the river point
versus this one, I would not be able to decide this matter. I am assuming
T
that part of the use will be from people using the river and people across the
river and just the hope that...
Mr. Odio: I think if what you put in the park is attractive enough, it will
bring people in to have lunch during the break and...
r,
Mayor Suarez: Do we have any opportunities for having a bay walk on the south"
side of the.river that comes from anywhere?
r
Mr. Odio: Now, you have the Customs Building right across.
'
Mayor Suarez: The Customs Building, we can't impose our 50.foot....:'r'4�
. y�
S �d
Mr. Plummer: On Federal government.
hxe
w�
'
Mayor Suarez: Something about a supremacyclause, is that
.it?';,_
Mr. Cassel: Mr. Mayor, a representation was made to you earlier that none of.
the money being used was going to be used to build any kind of facilities,
other than perhaps the 15 percent that was talked about a restaurant, which
means you are going to have the same kind of a park as you have right now,
grass` -and trees and if we are being told it is not being used nowfor grass.„
and trees when you are in a pocket when you can't get to it, can't soe it,
don't even know it exists, it is going to be even a less usage, I agree with.,
z
you wholeheartedly. It may be a good trade for dollars, but don't spend them..:,
b December 27+
,k
�l.
Mayor gularet: We11, we hope that if and when something is developed that we
can build in the kinds of safeguarda that Dan talked about and make sure that
there is actually access, because right now you are not invited to use that
park by anything that is next to the bay on the 101 $rickell and the other
adjoining building there: In fact, you don't even know if there is anything
on the other side there, other than concrete and the water.
Mr. Plummert Just for clarification, Mr. Manager, of the present park, are
there any parking spaces at all?
}
Mr. Odio: To my knowledge, no.
Mr. Plummer: And they'll be no parking spaces on this one?
.tv
Mr. Cassel: No.
Mr. Plummert Does the agreement that we have with the Brickell family, if we
wanted to put, say six or ten or twelve parking spaces, is that for public
use?
Mr. Odio: You cannot... I believe building in over 15 percent of the park, I
think we could do that.
Mr. Plummer: Well, but I am saying that...
Mr. Odio: I think you could do that on there, yes.
Mr. Plummer:- Well, but I'm saying, the 15percent I think refers to' :the
accessory like a restaurant or such..:
Mr. Odio: To other type of...
Mr.=Plummer: .'.. but I -mean, is it understood that if, we wanted to put a
dozen parking spaces for people.to.use that we ,can do it? That's understood?
Mr. ,Odic: Yes, sir.
Mr. Plummer: OK, just wanted to make sure:
Mr. Odic: `'It might be a good, idea.
Mayor Suarez: Any further questions from the Commission? I entertain a
motion on' this. '
Mr. :Plummer: I'll move that the, matter be deferred until such time 'as ,all
documents -are in order, all documents.are clear, and 'one document is presented,
to us as the original document, I. would move that this matter be deferred
-until such time.
Mayor Suarez:` So moved. Do we have a second on,that motion?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion on the motion to'defer?:.OK,, I -'don't
even have to state where my vote is going to be. I am` going,.to..vote against
-
the motion to defer for obvious reasons, that we.,have been trying to put this
deal for many, many months and I think it is important for,.the City. 'Anything
further from the Commission?
Mr.' Plummer: Mr. Mayor, don't let my motion to defer, infer by your comments
that I am not interested in the acquisition of this property. I am such, and
would want the acquisition of this property, but I do feel that ' this
'
Commission is entitled to all and any documents in proper presentation, in
consideration of a multi -million dollar deal.
s
Mayor Suarez: I understand.
Mr. Plummer: That takes time. I can't do it in documents presented ..One:
minute before this meeting. That's why I'm not moving to deny, I am;taoving to
defer, hopefully to get that opportunity to do such, but I respect your:.right
to your opinion, but I didn't want your opinion to infer that my- tnotiot} ...to
defer was in any way not for the purposes of acquisition.
37 .December, 27
s,
r r
Mayor guaret: I accept the clarification, I did not mean by any explanation
why I was going to vote against it to imply that whatsoever. I think your
considerations are very valid, but I am satisfied for myself. Call the roll
on the motion.
AT THIS POINT, THE CITY CLERK BEGAN ROLL CALL ON THE MOTION TO
DETER; WHEREUPON IN THE ENSUING DISCUSSION A SUBSTITUTE MOTION WAS
INTRODUCED (M-88-1222) AND VOTED UPON. SEE HEREINBELOW.
Mr. Dawkins: I'm going to vote yes, and the reason I am voting yes is they
said that at 5:00 o'clock it was dead and if it wasn't dead we can still bring
it back in time to salvage it at the next meeting, I will be voting yes, but I
too feel that a little more time should be spent in looking through the
agreement.
Mr. De Yurre: Again for the record, I would like to know what the result of
this deferral, what this will do to this transaction?
Mr. Mike Williams: It will cease to exist.
Mr. Dawkins: Beg pardon? I didn't hear you.
Mr. Williams: It will end. There will be no transaction such as this
described.
Mr. Dawkins: Why did you say that at 5:00 o'clock that it would end?
Mr. Williams: I said at 5:00 o'clock with an agreement to have this
settlement and swap take place, we would automatically ;constitute an
extension. Without an agreement...
Mayor Suarez: Yes, but we are at 49 minutes past 5:00 o'clock. OK, do: -you
think that they would be flexible enough?
Mr. Dawkins: OK, OK.
Mr. Williams: At 5:50 p.m., I...
Mr. Plummery Mr. Mayor, may :I state for the recordthatI would .be willing .to
:`_.
meet at any time prior to the December 31st that I have :: the documents in :my. -
hands at least six hours prior to the meeting.
Mr. Dawkins: What I am trying to...
Mayor, Suarez: You contradict yourself, because you made ;it sound like wehad
a.5,o'clock deadline,, now we are ready to vote on it at 5:50•p.m.
Mr. Plummer: He said that the 5 o'clock was arbitrary.
Mr. Dawkins: You see, I am with you a hundred percent, OK, but `we"keep saying
we got a deadline, we don't have a deadline...
Mr. Walker: Mr. Dawkins, excuse me, I said earlier that we've given you a.copy
of the agreement, we believe that we have obtained, an extension .that is
y
subject to several things. You are right, if we did not obtain an extension,
t
this all became academic 50 minutes ago. If we have an .extension.... Mr.
Williams did not intend to indicate that we are going to walk out of here and
give up if this thing is deferred today. However, it is only fair to tell you
a
that there are other parties who were not here today, who have to cooperate in
sA;
that effort and we can't guarantee they will do so.
-�
Mr. Dawkins: I don't, I mean...
Mr. Walker: We have every hope that they will.
Mr. Dawkins: ... you see, I am more interested in you than I am in them,
°t ;
because they are not here, I couldn't care less, but I do feel that you took
"Ts
the time to come here, that you are interested and so am I. But all'I'm
trying to say is that if there is an extension, all he is asking for.is a
little time to play with these a little more, I don't know why, but is there
any way we canget the extension and like he said, he'll come back on the 31..t
30 Docevibefi.' 27 r : 1Q88
t Y t .S ., a .: Y �' .'' r ` ,P;1. t 1 r 3 a N [.ry, trq •
and everybody time will pane it with hie right for Preto or whatever- Y don't
know, we are just trying to get sottething here.
Mrs balker: i can't represent that when we leave here today, we will get ah
extension. t can tali you that we've requastad it, we beliava we've dada
arrangements that will make an extension possible, and again, t will concede
onit are; terrect: tE the parties from whom that extension has to come take a
v
Mr. Plut tr:ar: Weil, I saw, while you vote tanking Danny, l now the City
Attorney writing, so l M assuming in this final document that that would be
Included.
Mr. Paul: (Orr MIKE) deli, than the public might have a chance to look at it
too, not just the Commission,
Mayor Suarez: The best we can do, because of a deadline, Danny, is that you
are going to have to trust us, but you can get a copy of mine, because I'll
snake it available to you.
Mr. Plummer: Danny, you are well aware, and you fought this in court, that
any document that touches my desk is a public record and you have the right to
ask for.
Mr. Paul: (OFF MIKE) I want to make sure that they are going to vote in the
Commission what they are going to do... (inaudible)
Mr. Plummer: Mr. City Attorney, did I not see you writing?
Mr. Fernandez: Yes.
Mr. Plummer: I'm willing to make a motion of that accord if it is in
agreement.
Mrs. Kennedy: Second.
Mayor Suarez: So moved with the import indicated. We have a second. Let me
say that built into the motion is the request for a special session made by
.this Commission as a whole, which we can do if we don't have an agreement and {;
that would be called on the 31st at the same time as today, at 4:00 p.m.
Mr. Plummer: No, no, may I make a suggestion because of the parade and
everything, make it 1:00'o'clock.
Y
-Mr. Dawkins: Friday, the 30th. 'The 31st is Saturday:. m;
}
Mayor Suarez: Friday, the 30th,'.I'm 'sorry, and it,.would,be OK,' let's make t�*}
it 2:00 p.m. and we would leave very y-.afr 2so.-qu a
t
'Mr. Plummer': Yes, air.z
5.yf
Mayor, Suarez: All right, moved `and seconded. Any further discussion? Call
the ;roll. }
The following resolution was introduced by Commissioner Plummer,; -who
:roved `its adoption: r5
RESOLUTION NO.88-1222. '{
S A RESOLUTION, WITH ATTACHMENT,CONDITIONALLY
'AUTHORIZING SETTLEMENT OF LITIGATION IN THE U.S. ;ft
DISTRICT COURT OF SOUTH FLORIDA BETWEEN WILLIAM B.
BRICKELL, ET AL, AND THE CITY OF MIAMI, CONCERNING THE z try*3
` CITY'S INTEREST IN BRICKELL PARK AND BURIAL GROUND, IN {�f�
�7ra3 via b5i+wa
ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH E<>+}
IN THE ATTACHED SETTLEMENT AGREEMENT AND UPON APPROVAL'
OF THE COURT; FURTHER AUTHORIZING THE CITY ATTORNEY
AND THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND
INSTRUMENTS NECESSARY TO EFFECTUATE THE HEREIN
SETTLEMENT."
fryc O
` (Here follows body of resolution, omitted here and on.
Yr 'y
file in the Office of the City Clerk.)
xt r Upon' being seconded by Commissioner Kennedy, the resolution was pa9�edt
t and adopted by the following votes
ti r
t
t
c
AV18t Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Cownissioner Miller J. Dawkins
Vice Mayor Victor be Yurre
Mayor Xavier L. Suarez
NOESt None.
ASSENTt None.
COMMENTS MADE DURING ROLL CALLt
Mr. De Yurre: OK, now we are approving this, and unless we hear otherwise...
Mr. Plummer: In 48 hours, if no Commissioner objects, it's automatically
passed. If in fact a Commissioner objects, and cannot be satisfied in his
objection, then the Mayor would have a meeting on the 30th at 2t00 o'clock.
Mr. De Yurre: I vote yes.
THERE BRING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:56 P.M.
Xavier L. Suarez
M A Y O R