HomeMy WebLinkAboutExhibit 1T -it CIRC CT -T CC -RT Gr T=i.r 11Tl
JL-DICLA CIRCUIT IN AND FOR T\IL,1 MI-D_ADE
COUNTY. FLORIDA
GE-NER-kL JURISDICTION DIVISION
CAS E'_N0.: 07 -?6951 CA -;I
CITY OF-NflA-'\41 AND THE SOUTHEAST
OVERTO«T?/P_ARK WEST
CONLNfUMTY REDEVELOPMENT
AGENCY_
Plaintiff(s),
vs.
l,�MAMI-DADE COUNTY.
Defendant.
'OWT MOTION FOR ENTRY OF AN ORDER FOR
PARTIAL SETTLEMENT OF CLAIMS RELATED TO BLOCK 36
THIS JOINT MOTION is made and entered into by and between Plaintiff CITY OF
MIAMI ("CITY'), Plaintiff SOUTHEAST OVERTOWNT/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY ("CRAW), and Defendant MIAMI -DARE COUNTY
("COUNTY'') in partial settlement of the above -designated suit under the following terms:
1. The CITY, the CRA, and the COUNTY agree to transfer the Property described
in Exhibit "A" ('`Property") to The Black Archives, History and Research Foundation of South
Florida, Inc. (`Black Archives") for the purpose of construction and use of capital additions and
improvements to the Lyric Theater in the Historic Overtown Folklife Village.
2. The COUNTY will execute a deed for the Property to the Black Archives, in the
form attached hereto as Exhibit `B."
CASE NO.: 07-46851 CA 31
ile CITY w!! exec i� _ it cl __'.1 Qe�d .OI rite Prop
in the form anached hereto as E\liibit `-C.."
I. The CRA will execute a quit claim deed for t'_ -ie Property- to the Black -krchives, in
ti.e form auaclied hereto as Exhibit
5. The CO'L'-,\-,TY, the Citv, and the CRA shall deliver the deeds described in
paragraphs 2. 3 and 4. hereinabove to the Black _Axchives. «-ithin t�venv,, (20) days of the
"Effective Date" of an Agreed Order (the -Delivery Date'). The CITY. CRA and COUNITY shall
deliver the deeds set forth in paragraphs 2. 3 and 4 hereinabove to Assistant County Attomev
Debra Herman at the Miami -Dade County Attorney's Office at the Stephen P. Clark Center; 111
N.W. First Street, 28v' Floor, Miami, Florida, on a mutually agreeable date. The COUNTY shall
deliver the deeds to the Black Archives.
6. Subject to the reverter provisions in Exhibits (B) (C) and (D), the COi_1NTY, the
CITY, and the CRA hereby release each other from all claims relating to the Property.
7. Neither the CITY; the CRA or the COUNTY waive any other claims or defenses
it may have in relation to the litigation styled, City of Miami and the Southeast Overtown/Park
West Community Redevelopment Agency v. Miami -Dade County, case no.: 07-46851 CA 31
filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County.
8. Certified copies of the resolutions authorizing the respective parties to enter into
this Joint Motion by the Board of County Commissioners of Miami -Dade County, the Miami
City Commission, and the Board of Commissioners for the Southeast Overtown/Park West
Community Redevelopment Agency are attached hereto as Exhibit "E" and incorporated herein.
WHEREFORE, THE CITY, CRA and the COUNTY respectfully requests this Court grant this motion
in all respects.
165245
JULIE 0. BRU, CITY ATTORNE
KEVF\ R. JO'NE.S. ESQ.
ASSISTANT CITY ATTORNEY
^' S.�� , 2`'` A -enue. Suiie 9
'HT1 --1 FL 53130-1910
Telephone: (305) 416-1800
Facsimile: (305) 116-1801
IN
CASE NO.: 07-46851 CA 31
Kevin R. Jones, Assistant City Attorney-
Florida Bar' lo. 119067
Attorney for the Plaintiffs
NDA -1\41 -DADS COUNTY ATTORNEY'S OFFICE
R.A. CUEVAS, JR.
Miami -Dade County Attorney
Stephen P. Clark Center
111 NTW I" St., Ste. 2810
Miami_ FL 33128
By:
Debra Herman
Assistant County Attorney
Attorney for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished to the below listed
by mail this day of , 2009:
Debra Herman, Esq.
Assistant County Attorney
Miami -Dade County Attorney's Office
111 NW 1 Street, Suite 2810
Miami, Florida 33128
Attorney for Defendant
Kevin R. Jones, Assistant City Attorney
Florida Bar No. 119067
Attorney for the Plaintiffs
165245