Loading...
HomeMy WebLinkAboutSubmittal-Eddy Leal-Open letter to Commissioner Sabina Covo9/28/23, 7:20 AM Miami City Commissioner Selling Out Our Parks, Residents Subscribe Past Issues Submitted into the pub} record for it (s) t' h.1 on I L% I L3 . City Clerk Translate w View this email in your browser EDDY/ftLEAL FOR MIAMI CITY COMMISSION, DISTRICT 2 AL.LEN M.ORRIS BRICK[LC PARKT. ((T 1 . 7aiT'(JP rMtANii �' , Mnr. rt L,L-i.N MORRiS COYVAK1f• ""—'{ + yUltF18'R TC1 ra11ifCW$ Allen Morris Park iI RE-OPEN1NG SOON! AN OPEN LETTER TO COMMISSIONER SABINA COVO Wednesday, June 28, 2023 Commissioner Sabina Covo 3500 Pan American Drive Miami, FL 33133 Re: Protection of Our Parks -Allen Morris Park Your Sponsored Legislation from the May 11, 2023 Commission Meeting https://mailchi.mp/eddylealcampaign/miami-commissioner-sells-out-our-parks-residents7e=%SBUNIQID%5D Page 1 of 6 Kri % - Sv b *M\\\o\ - uNA'Iss;41.E( E0 \y - 46\ to 1t Itr j S DAYIIW O. CO) � Miami City Commissioner Selling Out Our Parks, Residents 9/28/23, 7:20 AM Commissioner Covo: Submitted into the publtick record f r it s) N. 1 on q I t . City Clerk On the May 11, 2023 Commission meeting, you sponsored a resolution requiring the City of Miami to abandon a legal process aimed maintaining Allen Morris Park as part of the City's public park inventory. Enclosed is a copy of your proposed resolution. AGENDA ITEM COVER PAGE File ID: #13933 Resolution Sponsored by: Commissioner Sabina Covo A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF CITY OF MIAMI V. 1000 BRICKELL, LTD., 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.01-0207-030-1011)(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. Your proposed legislation required the City of Miami to forfeit an appeal that could have secured this park in the Mary Brickell Village. Your legislation further instructed the City manager to facilitate an up -zoning from Civic Space (CS) to Restricted Commercial and Urban Core Transect Zone Open (T6-48b-0). This action not only relinquished the park to its former owner but also conferred a significant increase in commercial zoning without any reciprocal benefit to the City of Miami. The lack of apparent advantage to the City of Miami and its residents in your resolution is perplexing. In the public discussion, it was noted that the proposed https://mailchi.mp/eddylealcampaign/miami-commissioner-sells-out-our-parks-residents?e=%5BUNIQID%5D Page 2 of 6 Miami City Commissioner Selling Out Our Parks, Residents 9/28/23, 7:20 AM legislation seemed to acknowledge the City's fault in the legal proceedings. Your resolution also overlooked standard provisions such as mutual assumption of fees and costs, and the requirement for the former owner to sign a release, hold harmless, and indemnification agreement. Your proposed resolution even referenced an incorrect appellate case; the correct appellate cases are Case No. 3D22-1897 and 3D22-0950. In the interest of transparency to your constituents, we would like to know who drafted this legislation? Was it your office, or the party that initiated the legal action against the City? City of Miami Legislation Resolution City Hal 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13933 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO ABANDON ALL APPEALS IN THE MATTER OF CITY OF MIAMI V. 1000 BRICKELL, LTD., 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. 01-0207-030-1011)(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. Submitted into the public record f r ite s on 9 City Clerk https://mailchi.mp/eddylealcampaign/miami-commissioner-sells-out-our-parks-residents?e=%5BUNIQID%5D Page 3 of 6 Miami City Commissioner Selling Out Our Parks, Residents 9/28/23, 7:20 AM 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 violated the terms of the consent agreement by unilaterally allowing the restaurant to utilize the entire park footprint and erect significant permanent improvements, appropriating substantially more of the Property for its exclusive private use in exchange for substantial sums of money paid by the restaurant operator to the City; and WHEREAS, 1000 Brickell filed suit to enforce the deed and its automatic reverter clause, seeking to reclaim the Parcels; and WHEREAS, following almost nine (9) years of litigation with 1000 Brickell, where both the circuit court and third district court of appeals have ruled in favor of 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 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 enter into a license agreement (the "Agreement") with the City providing for the use of the parcel located at 25 SE 10th Street (Folio No. 01-0207-020-1070)(the "Northern Parcel") as a private park under such terms and conditions set forth in the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Submitted into the pulitif record fpr itejn(s) X IN. t on 9 I Z% / . City Clerk https://mailchi.mp/eddylealcampaign/miami-commissioner-sells-out-our-parks-residents?e=%5BUNIQID%5D Page 4 of 6 Miami City Commissioner Selling Out Our Parks, Residents 9/28/23, 7:20 AM 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 City of Miami v. 1000 Brickell, Ltd., 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 Recreation and zoning transect designation of Civic Space (CS) to Restricted Commercial and Urban Core Transect Zone Open (T6-48b-O), 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: In a typical scenario, both parties negotiate and agree upon a resolution, particularly with a court -imposed deadline looming. However, your resolution allowed the entity that sued the City to not file a legal document to defend its case in court without securing any specific concession for the City. Why would you provide all of these benefits without securing a license agreement prior to introducing legislation so favorable to the party that sued the City? City of Miami is in desperate need for green space. However, your resolution seems to promote overdevelopment. Your constituents deserve to know your motivation to push this legislation forward. Please consider this letter as a formal public record request for all information related to your proposed legislation. I appreciate your attention to this important quality of life issue and anticipate your response. Very truly yours, /s/ Eddy Leal Submitted into the public record fp r ite (s) QA. on 9 / . City Clerk https://mailchi.mp/eddylealcampaign/miami-commissioner-sells-out-our-parks-residents?e=%5BUNIQID%5D Page 5 of 6 Miami City Commissioner Selling Out Our Parks, Residents 9/28/23, 7:20 AM 0 EDDYiftLEAL FOR MIAMI CITY COMMISSION, DISTRICT 2 Copyright © 2023 Eddy Leal for Miami City Commissioner, All rights reserved. Paid by Eddy Leal for Miami City Commission, District 2 Our mailing address is: 777 Brickell Avenue, Suite 500 Miami, FL 33131 Want to change how you receive these emails? You can ,update your preferences or unsubscribe from this list. Submitted into the pub record for it s �Y. on 9 11,1 I 1,5 . City Clerk https://mailchi.mp/eddylealcampaign/miami-commissioner-sells-out-our-parks-residents?e=%5BUNIQID%5D Page 6 of 6