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HomeMy WebLinkAboutR-23-0229°xCity of Miami �y�`_ Resolution R-23-0229 alldl 11 li.Rl I + Legislation File Number: 13933 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/11/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF CITY OF MIAMI V. 1000 BRICKELL, LTD., ET AL., V. CITY OF MIAMI, MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 2014-11755-CA- 01, INCLUDING CITY OF MIAMI V. 1000 BRICKELL, LTD., THIRD DISTRICT COURT OF APPEAL, CASE NO. 3D22-1347; FURTHER DIRECTING THE CITY MANAGER TO PROCESS SUCH FUTURE LAND USE MAP (FLUM) AMENDMENT AND REZONING APPLICATIONS AS MAY BE NECESSARY TO REDESIGNATE THE PARCELS LOCATED AT 25 SE 10TH STREET (FOLIO NO. 01-0207-020-1070) AND 20 SE 10TH STREET (FOLIO NO. 01 -0207-030- 101 1)(COLLECTIVELY, THE "PARCELS"), AS FURTHER DESCRIBED IN EXHIBIT "A," TO A FLUM AND ZONING DESIGNATION THAT IS CONSISTENT WITH THE DESIGNATIONS OF SUCH PROPERTIES IMMEDIATELY ABUTTING THE PARCELS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Sabina Covo WHEREAS, the predecessor to 1000 Brickell, Ltd. ("1000 Brickell") deeded to the City in 1974 (the, "1974 Deed") the Parcels for use as public parks; and WHEREAS, the 1974 Deed contained an automatic reverter clause providing that "if any part of the property... shall ever be used for purposes other than public park purposes," then it "shall automatically and immediately terminate, and all right, title and interest in and to such property shall thereupon revert to the grantor;" and WHEREAS, the City initially used the Parcels for a public park and, thereafter, in 1999 requested permission to use a limited portion of the Parcels for seating of a neighboring restaurant to which 1000 Brickell consented; and WHEREAS, the City later allowed the restaurant to expand its footprint and erect improvements; and WHEREAS, 1000 Brickell filed suit and alleged a violation of the automatic reverter clause, seeking to reclaim the Parcels; and WHEREAS, following almost nine (9) years of litigation with 1000 Brickell, where the Third District Court of Appeal reversed final summary judgment for the City and the trial court subsequently entered final summary judgment for 1000 Brickell, the City wishes to abandon its litigation and allow 1000 Brickell to put the Parcels into service for a use other than as a public park; and City of Miami Page 1 of 2 File ID: 13933 (Revision: A) Printed On: 6/5/2023 File ID: 13933 Enactment Number: R-23-0229 WHEREAS, as consideration for the City's agreement to abandon any further action in on -going legal proceedings with 1000 Brickell, 1000 Brickell further agrees to the following: enter into a release; enter into a hold harmless and indemnification agreement; enter into a license agreement (the "Agreement") with the City providing for the use of the parcel located at 25 SE 10t" Street (Folio No. 01-0207-020-1070) (the "Northern Parcel") as a private park under such terms and conditions set forth in the Agreement; and all parties must bear their own attorney's fees and costs. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of the Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby directs the City Attorney to abandon all appeals in the matter of 1000 Brickell, Ltd., et al., v. City of Miami, Miami -Dade County Circuit Court, Case No. 2014-11755-CA-01, including City of Miami v. 1000 Brickell, Ltd., Third District Court of Appeal, Case No. 3D22-1347. Section 3. The City Manager is authorized' to negotiate and execute a license agreement by and between the City and 1000 Brickell for the use of Northern Parcel as a private park subject to approval by the City Attorney of the Agreement as to form and legal correctness. Section 4. The City Manager is further directed and authorized' to initiate and execute such FLUM and rezoning applications on behalf of the City as may be necessary to redesignate the Parcels from their present FLUM designation of Public Parks and Recreation to Restricted Commercial and from their present zoning transect designation of "CS," Civic Space Transect Zone, to 76-48b-O," Urban Core Transect Zone — Open, which designations are consistent with those of properties abutting the Parcels. Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: r i t6ria i nd" ez, City Attor iey 6/1/2023 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 13933 (Revision: A) Printed on: 6/5/2023